Article 23

After accepting the application, the Registration Authority shall evaluate it for conformity with the conditions relating to the contents of the application and the relevant documents. Where the application or its annexes have not been prepared and filed in accordance with Articles (15) and (22) of this Act, a period of one month shall be granted for its correction and completion, provided that the application, at the time of receipt, contains the following:

1. 1.An express or implied request for registration of the invention
2. 2.An abstract of the description of the invention
3. 3.Particulars enabling the identification of, and contact with, the applicant or his legal representative

Where an application lacks the conditions prescribed in the aforesaid clauses, or is refused within the one-month period, the Registration Authority is obliged to notify the applicant or his legal representative in writing, in a reasoned and documented manner, of the refusal or of the required correction of deficiencies, as the case may be. The applicant may, within one month from the date of notification, object to the decision on correction of deficiencies or refusal of the application. The objection must be drawn up in writing in two copies and filed with the Registration Authority together with the reasons and supporting documents and the receipt for payment of the examination fee.

The Registration Authority shall refer one copy of the notice of objection to the "Board for Adjudication of Industrial Property Registration Disputes" and shall return the second copy, after registration, marked with the date and number of receipt, to the objector or his legal representative. The Board for Adjudication of Industrial Property Registration Disputes shall be constituted, with the presence of a representative of the head of the Registration Authority (as chairman of the Board) and two experts with expertise relevant to the subject matter, with the objector being invited, and shall decide by majority vote. The expert who examined the file shall attend the sessions without the right to vote. The members of the said Board must satisfy the condition of trustworthiness and integrity and shall be selected by the head of the Registration Authority.

The chairman of the Board shall, at least ten days before the session is held, notify the date, time, and place of the session to the applicant for registration or to the parties to the dispute or their legal representative, as the case may be. These persons may attend the session and present their defenses. After declaring the examination closed, the Board shall announce its final decision, in a documented and reasoned manner, within at most one week.

Note 1 — Final decisions of the Board for Adjudication of Industrial Property Registration Disputes may be appealed before the competent judicial authority within one month from the date of notification.

Note 2 — The expert who examined the matter may not be selected as a member of the Board in respect of the same matter.

Note 3 — Where the objection is dismissed by the Board, the fee for examination of the objection is not refundable.

Note 4 — The Board for Adjudication of Industrial Property Registration Disputes may, as determined by the head of the Registration Authority, have multiple branches and alternate members.

Note 5 — Where an extension of the period for correction of deficiencies is requested, the Registration Authority shall, after examining the circumstances, take the appropriate decision in this regard. A request for extension of the period is possible only once and for a maximum of thirty days.