Formality examination:

All patent applications for invention or utility solution, including PCT applications shall be examined as to formality by the NOIP. It takes one (01) month from the filing date for the NOIP to check whether the application (i) is made in comformity with the prescribed formalities for patent applications; (ii) contains all the documents concerned (iii) satisfies the unity of the application as well as to see if the solution under the application falls into non-patentable subjects.

During the formality examination period, the applicant may make amendments or corrections to the documents of the application, but may not expand the scope of protection or change the nature of the invention, utility solution sought for protection.

Notification of shortcomings

Publication of the application

The application is accepted as to form shall be published in IP Gazette, Volume A (for application) in the 19^th months from the early priority, or in the 2^nd month from the later day of filing request for early publication or acceptance date of the application, or in the 2^nd month from acceptance date of the application if the request for substantive examination filed before the acceptance date of the application, or in the 2^nd month from the date of filing request for substantive examination if the request for substantive examination is filed after date of acceptance of the application and before the end of 18^th months.

Request for Substantive examination

The time limit for filing request of substantive examination is 42 months from the early priority date with respect to applications for inventions and 36 months with respect to application for utility solutions. Such time limit may be extended but not more than 6 months if there is a reasonable reason.

Opposition

Any third party may oppose the granting of patent with respect to published invention/utility applications. The opposition must be made in writing and lodged with the National Office of Intellectual Property (NOIP) during the period of substantive examination of the applications. The opposition shall include the grounds therefore together with documents or references evidencing those grounds. No fee shall be paid by the opposing parties. The NOIP shall be obliged to consider the opposition together with the examination of the patent applications. The NOIP’s notification for granting or refusal of patent with respect to the opposed applications must also be sent to the opposing parties.

Substantive examination

Substantive examination shall only be carried out by the NOIP for accepted applications for invention or utility solution under the request therefore filed by the applicants or third parties.

It takes 12 months for the NOIP to examine patent applications from the date of receipt of the request for substantive examination if such request is filed after publication of the application or from the publication date if such request is submitted before publication of the application.

The applicant may make amendments to the patent application during the substantive examination period, provided that such amendments may not change the invention or utility solution or extend the scope of the claimed protection. He may also withdraw the patent application at any time prior to the end of the substantive examination period.

The NOIP may suspend the substantive examination in the following cases:

• The nature of the solution is not clearly described.

• The object of the solution belongs to non-patentable ones.

• There is a request or declaration of abandonment from the applicant.

Notification of reason for refusal

Upon expiry of the substantive examination period, if the invention, utility solution is found un-patentable, the NOIP will issue a notification of Examination Result of Application to the applicant and/or the concerned party notifying of its intended refusal with reasons therefore or deficiencies which need to be corrected within the time limit set out by NOIP in the Notification. The applicant must respond to the NOIP within the time limit, and if the applicant fails to respond or the response is unsatisfactory, the NOIP will officially reject the application with a Notification of refusal of Granting Patent.

Invitation to pay fee for Registration, Publication and Granting patent

If the substance examination finds the invention, utility solution patentable, the NOIP will issue a Notification to invite the applicant to pay fee for registration, publication and granting a patent therefore. Such payment shall be made within 02 months from the signing of the Notification. Failure to pay the fee within the time limit shall result in refusal of the application by the NOIP

Registration and Publication of Patent

Invention, utility solution is granted a patent shall be published in the IP Gazette, Volume B within the 2 months from the date of Decision for granting patent and enter into the National register of Industrial Property

Appeal to NOIP’s Board of Appeal

The time limit for appeal to the NOIP Board of Appeal is 90 days from the issuance date of the Decision of Refusal and the appeal shall be considered by the NOIP’s Board of Appeal within 30-45 days as provided by the law.

In case the applicant does not agree with the NOIP’s Board of Appeal’s Decision it may file further appeal to the Ministry of Science and technology (MOST) or bring the case before the Administrative Court.

Appeal to MOST

The MOST shall consider the appeal within 45-60 days, however, MOST may invite the relevant parties to have their opinions, thus in practice, it often takes much longer for the MOST to issue its decision. The time limit for filing appeal at this stage is 30 days.

Appeal to Administrative Court

There is two-instance of hearing by the Provincial Administrative Court

First instance:

1.     The time limit for starting the case before the Court is 30 days from the date of issuance of the NOIP’s Board of Appeal Decision.

2.     Within 7 days the Court shall notify relevant parties of the content of the complaint and give the parties 15 days for submitting their opinion.

3.     Within 60 days, the responsible judge shall issue one of the following decision on:

-         Trial the case.

-         Temporary suspension of the case.

-         Suspension of the case.

4.     Within 20 days from the date of the decision on trial of the case the Court shall hear the case.

Second instance: To review a judgment of the first instance

1.     Judgment of the first instance can be appealed by any relevant parties.

2.     The time limit for appeal is 10 days from the date of the judgment of the first instance.

After 60 days from receiving all the documents from the Court of the first instance, the Appeal Court shall rehear the case.