Filing an application and its publication

The patent granting procedure is instituted by filing an application consisting of:

  • request for the grant of a patent (P-1 Form)

  • description of the invention

  • claims

  • drawings - where the invention is such that it is appropriate to be represented by drawings

  • abstract - a summary of the essence of the invention for the purpose of technical information.

The details on how to draw particular elements of an application may be found in the Patent Regulations

After receipt of an application, the Office examines whether the prescribed elements of the application are dully filed and, if the application is correct, accords the filing date of the application, on the basis of which the applicant acquires the priority right. (The priority right means that if two inventors file an application for the same invention, the patent will be granted to the applicant who first file the application, provided that it complies with all the necessary requirements).

The application is entered in the Register of Patent Applications, and the checking of payment of the administrative fees and procedural charges is made. After the accordance of the filing date of the application, the applicant may request, if he wishes and subject to payment of the corresponding charges, a certificate of the right of priority, as acquired on the date of filing the patent application with the Office.

In the next phase of the procedure the application is examined as to its compliance with the pre-requisites for the publication in the Office official gazette, since the publication of a patent application is a constituent part of the patent granting procedure. Patent applications as established in the examination to comply with the pre-requisites for the publication are published in the Office official gazette after the expiration of 18 months as from the date of filing or the date of the granted priority right, respectively.

At a request of the applicant, the application may be published even earlier, but not before the expiration of 3 months as from the date of its filing with the Office. The published patent application becomes available to the public, whereby it forms part of the state of the art, and the text of such application may be inspected by any interested person.

A period of 6 months, within which the applicant, if he wants to continue the patent granting procedure, must file one of the requests for examination of the requirements for the patent grant, runs from the date of publication of the patent application. 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.

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