Examination of the application

After accepting the application, the Registration Authority shall assess it for compliance 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 to correct and complete it, provided that the application, when received, contains the following:

1. 1.An express or implied request to register the patent;
2. 2.An abstract of the description of the invention;
3. 3.Particulars enabling the identity of the applicant or their legal representative to be ascertained and contact to be made with them. If an application lacks the conditions set out in the said paragraphs, or is rejected within the one-month period, the Registration Authority must, as the case may be, notify the applicant or their legal representative in writing, with reasons and supporting documents, of the rejection or of the correction of deficiencies. The applicant may, within one month of the date of notification, object to the decision on correction of deficiencies or rejection of the application. The objection must be made in writing in two copies and filed with the Registration Authority together with the grounds, supporting documents, and the receipt for payment of the examination fee. The Registration Authority shall refer one copy of the objection to the "Board for the Settlement of Industrial Property Registration Disputes," and shall return the second copy, after registration and with a notation of the date and number of receipt, to the objector or their legal representative. The Board for the Settlement of Industrial Property Registration Disputes shall be constituted with the presence of a representative of the head of the Registration Authority (as chair of the Board) and two experts with relevant specialization, with the objector being invited, and shall decide by majority vote. The expert handling the case shall participate in the sessions without the right to vote. The members of the said Board must possess the qualities of trustworthiness and integrity and be selected by the head of the Registration Authority. The chair of the Board shall, at least ten days before the session, notify the date, time, and place of the session, as the case may be, to the applicant or to the parties to the dispute or their legal representative. These persons may attend the session and present their defenses. After declaring the proceedings closed, the Board shall, within one week at most, announce its final decision with supporting documents and reasons.

Note 1 — The final decisions of the Board for the Settlement of Industrial Property Registration Disputes may be challenged before the competent judicial authority within one month of the date of notification.

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

Note 3 — Where the objection is rejected by the Board, the fee for examining the objection is non-refundable.

Note 4 — The Board for the Settlement 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 deficiency-correction period is requested, the Registration Authority shall, after examining the circumstances, take an appropriate decision. An extension may be requested only once, for a maximum of thirty days.