3. The Expert Examination of a Patent Application.
The Temporary Legal Protection of an Invention,
Utility Model and Industrial Design

Article 1384. The Formal Expert Examination of an Invention Application

1. A formal expert examination shall be carried out in respect of an invention application received by the federal executive governmental body charged with intellectual property matters to verify the availability of the documents mentioned in Item 2 of Article 1375 of the present Code, and their compliance with established requirements.

2. If the applicant has filed additional materials for the invention application in keeping with Item 1 of Article 1378 of the present Code it shall be verified if they change the essence of the invention declared or not. In as much as they change the essence of the invention declared the additional materials shall not be taken into account during the examination of the application but they may be presented by the applicant as an independent application. The federal executive governmental body charged with intellectual property matters shall notify the applicant accordingly.

3. Immediately after the completion of the formal expert examination the applicant shall be notified by the federal executive governmental body charged with intellectual property matters of the positive result of the formal expert examination and of the date of filing of the invention application.

4. If the invention application does not comply with the established requirements applicable to application documents the federal executive governmental body charged with intellectual property matters shall send a request to the applicant asking him/it to file corrected or missing documents within two months upon the receipt of the request. Unless the applicant files the documents so requested within the established term or files a petition for extension of the term, the application shall be deemed withdrawn. The term may be extended by the said federal executive governmental body by up to ten months.

5. If the invention application is filed in breach of the concept of the unity of invention (Item 1 of Article 1375) the federal executive governmental body charged with intellectual property matters shall suggest that the applicant within two months after the receipt of the relevant notice tell which of the inventions declared is to be examined, and if necessary amend the application documents. The other inventions declared by means of that application may be formalised under divisional applications. Unless within the established term the applicant notifies which of the inventions declared has to be examined and if necessary files relevant documents, the invention indicated in the invention claim first shall be considered.

Article 1385. The Publication of Information on an Invention Application

1. Upon the expiry of 18 months after the filing of an invention application that has passed a formal expert examination with a positive result the federal executive governmental body charged with intellectual property matters shall publish information on the invention application in the gazette. The composition if the details published shall be determined by the federal executive governmental body charged with normative legal regulation in the area of intellectual property. The author of the invention is entitled to refuse to be mentioned as such in the published information on the invention application. On a petition of the applicant filed before the expiry of 12 months after the filing of the invention application the federal executive governmental body charged with intellectual property matters may publish information on the application until the expiry of 18 months after the filing thereof. No publication shall take place if before the expiry of 12 months after the filing of the invention application it is withdrawn or deemed withdrawn or the invention is registered on the basis of the application.

2. After the publication of information on the invention application any person is entitled to become acquainted with the documents of the application, unless the application is withdrawn or deemed withdrawn as of the date of publication of information concerning it. The procedure for reading application documents and for the issuance of copies of such documents shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

3. When information is published on an invention application which has been withdrawn or deemed withdrawn as of the date of publication, such information shall not be included in the state of the art for the subsequent applications of the same applicant filed with the federal executive governmental body charged with intellectual property matters until the expiry of 12 months after the publication of information on the invention application.