6
(vi) the documents concerning assignment of priority and any other justifying
document concerning the rights of the true inventor.
(2) The administrative examination of the application shall likewise consist in entering
the prescribed classes thereon and identifying any plurality in place of the prescribed unity of
invention.
25.—(1) Each application filed for a patent or an inventor’s certificate shall be subject
to a state-of-the-art search report and a patentability examination.
(2) The search reports referred to in paragraph (1), drawn up as prescribed by the
implementing decree, shall either be provided by the applicant or be drawn up as laid down in
the implementing decree.
(3) The patentability examination shall be carried out on the basis of the search report
relating to the application. Its purpose is to determine:
(i) whether the subject matter of the application is patentable under Articles 4 to 8;
(ii) whether the description of the invention and the claims contained in the application
satisfy the requirements of Article 18.
(4) The President of the Republic may decree that application of paragraphs (1) to (3)
be suspended, in whole or in part, either for all categories of inventions or for specific
categories.
26.—(1) If the application meets the requirements of Articles 7, 23 and 24, the Agency
shall register the patent or, subject to paragraph (2), the inventor’s certificate.
(2) The State may refuse to grant an inventor’s certificate. Where such is the case, the
Agency shall issue a patent in place of the inventor’s certificate.
(3) Patents or inventors’ certificates in respect of which an application has been
properly constituted shall be issued at the responsibility of the applicant or applicants and
without Government warranty as to the existence of novelty or to the correctness or exactness
of the description.
(4) Following issue and registration of a patent or an inventor’s certificate, the Agency
shall proceed with its publication in the Official Gazette of Industrial Property.
(5) If the Agency refuses grant, the applicant may, within one year from the date of
notification of refusal, enter an appeal before the competent court.
Section 4
Rights Deriving from a Patent or an Inventor’s Certificate
27. Subject to the legislation in force, a patent shall afford to its holder the right to
prohibit others from carrying out the following acts:
(a) Where the patent has been awarded for a product:
(i) manufacturing, importing, offering for sale, selling or using the product;
(ii) holding the product for the purposes of offering for sale, selling or using;
(b) Where the patent has been granted for a process:
(i) using the process;