Two possible examination procedures

In the continuation of the procedure the applicant must file one of the two possible requests for examination of the requirements for the patent grant:

  1. a request for the grant of a patent on the basis of a substantive examination of a patent application, or

  2. a request for the grant of a patent not including a substantive examination of a patent application (consensual patent).

If, within the prescribed time limit, one of the specified requirements has not been filed, and the corresponding fee and procedural charges have not been paid, the patent application will be considered to be withdrawn, and the Office will suspend the patent granting procedure.

A substantive examination procedure is a standard procedure in which examination is carried out as to the compliance of the invention concerned with the requirements comprising novelty, inventive step and industrial applicability. Protection of a patent granted on the basis of the results of a substantive examination shall last for 20 years as from the date of filing a patent application.

A consensual patent is granted without a substantive examination procedure being carried out, and its term is not more than 10 years as from the date of filing a consensual patent application. Unlike a patent, which is acquired only after the examination as to the novelty, inventive step and industrial applicability, a consensual patent is the so called non-examined patent, which is granted if an opposition to the request for the consensual patent grant, as published in the Office official gazette.

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