CHAPTER IV
ANNOUNCEMENT AND SUBSTANTIVE EXAMINATION
Part One
Announcement of Patent Applications
Article 42
- The Directorate General shall announce an application that has fulfilled the requirements of Article 24
- The announcement shall be carried out :
- In the case of a patent, 18 (eighteen) months after the filing date of the application, or 18 (eighteen) months after the priority date if the application is filed with a priority right; or
- In the case of a simple patent, at the latest 3 (three) months after the filing date.
- The announcement as referred to in paragraph (2) item a may be conducted earlier upon a request from the applicant with the payment of a fee.
Article 43
- The announcement shall be carried out by:
- The placement in the Official Patent Gazette published periodically by the Directorate General; and/or
- the placement on a special announcement board provided exclusively for this purpose by the Directorate General which can be easily and dearly seen by the public.
- The Directorate General shall record the date of commencement of the announcement of an application.
Article 44
- The announcement shall prevail for:
- 6 (six) months as of the date of announcement of an application,
- 3 (three) months as of the date of announcement of an application for a simple patent.
- (2) The announcement shall list the followings:
- Name and nationality of the inventor,
- Name and complete address of the applicant, and the proxy if an application is filed through one,
- Title of invention,
- The filing date; and in the event an application is filed with a priority right,
The date, number and country where the application was first filed,
- An abstract,
- The classification of invention,
- Drawings, if any,
- The number of announcement; and
- The number of application.
Article 45
- Any person may see the announcement as referred to in Article 44 and may file in writing his comment and/or objection on an application by stating the reasons therefore
- Where there are any comments or objections as referred to in paragraph (1), the Directorate General shall immediately send a copy of the letter containing the comments and/or objections to the applicant
- The applicant shall have the right to submit to the Directorate General a written denial and explanations with respect to such comments and/or objections
- The Directorate General shall use the comments and/or objections, denials and/or explanations as referred to in paragraph (1) and paragraph (3) as additional information for consideration during the substantive examination.
Article 46
- After having consultation with the government agency of which the duties and authorities are related to the defense and security of the state, if needed, the Directorate General with the approval of the Minister may decide not to announce an application, if it considers the announcement of the invention to be potentially disturbing or contrary to the interest of the defense and security of the State
- The decision not to announce an application as referred to in paragraph (1) shall be notified by the Directorate General in writing to the applicant or his proxy
- Any consultation held by the Directorate General with any other government agencies, including the forwarding of information concerning an invention for which a patent has been requested, which results in a decision not to announce the application, shall not be considered as a violation of the obligation to preserve the confidentiality of the invention as referred to in Article 40 and Article 41
- The provision as referred to in paragraph (3) shall not detract from the obligation of the government agencies concerned and their staff members to continue preserving the confidentiality of the invention and the application documents towards any third party.
Article 47
- An application which is not announced as referred to in Article 46 shall be examined as to substance after 6 (six) months from the date of the decision not to announce the said application
- The examination as referred to in paragraph (1) shall be conducted without a payment of fee.
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