Common use of Examination of Applications Clause in Contracts

Examination of Applications. ‌ (1) Any application for a certificate of registration of a utility model shall undergo examination to ensure that (a) the creation in respect of which a certificate of registration is applied for is not excluded from utility model protection under the provisions of Article 4 of this Annex; (b) the claim or claims conform to the provisions of Article 11(d)(iv) of this Annex; (c) the provisions of Article 12 of this Annex have been respected. (2) A search shall also be conducted to ensure that (a) at the time of the filing of the application for a certificate of registration, an application for a certificate of registration filed earlier, or benefiting from a validly claimed earlier priority and concerning the same invention, was not in the process of being granted; (b) the invention (i) is new, (ii) is industrially applicable. (3) The Administrative Council shall decide whether, and to what extent, the provisions of paragraph (2)(a) and (b) above shall be applied; in particular, it may decide whether all or some of the said provisions are applicable to one or several fields of technology covered by the inventions; it shall determine such fields by reference to the International Patent Classification. (4) For international applications under the Patent Cooperation Treaty, the Organization may avail itself of the provisions of Articles 20 and 36 of the said Treaty, which relate to the international search report and the international preliminary examination report, respectively.

Examination of Applications. ‌ (1) Any application for a certificate of registration of a utility model shall undergo examination to ensure that (a) the creation in respect of which a certificate of registration is applied for is not excluded from utility model protection under the provisions of Article 4 of this Annex; (b) the claim or claims conform to the provisions of Article 11(d)(iv) of this Annex; (c) the provisions of Article 12 of this Annex have been respected. (2) A search shall also be conducted to ensure that (a) at the time of the filing of the application for a certificate of registration, an application for a certificate of registration filed earlier, or benefiting from a validly claimed earlier priority and concerning the same invention, was not in the process of being granted; (b) the invention (i) is new, (ii) is industrially applicable. (3) The Administrative Council shall decide whether, and to what extent, the provisions of paragraph (2)(a) and (b) above shall be applied; in particular, it may decide whether all or some of the said provisions are applicable to one or several fields of technology covered by the inventions; it shall determine such fields by reference to the International Patent Classification. (4) For international applications under the Patent Cooperation Treaty, the Organization may avail itself of the provisions of Articles 20 and 36 of the said Treaty, which relate to the international search report and the international preliminary examination report, respectively.

Examination of Applications. ‌ (1) Any application for a certificate of registration of a utility model shall undergo examination to ensure that (a) the creation in respect of which a certificate of registration is applied for is not excluded from utility model protection under the provisions of Article 4 of this Annex; (b) the claim or claims conform to the provisions of Article 11(d)(iv) of this Annex; (c) the provisions of Article 12 of this Annex have been respected. (2) A search shall also be conducted to ensure that (a) at the time of the filing of the application for a certificate of registration, an application for a certificate of registration filed earlier, or benefiting from a validly claimed earlier priority and concerning the same invention, was not in the process of being granted;validly (b) the invention (i) is new, (ii) is industrially applicable. (3) The Administrative Council shall decide whether, and to what extent, the provisions of paragraph (2)(a) and (b) above shall be applied; in particular, it may decide whether all or some of the said provisions are applicable to one or several fields of technology covered by the inventions; it shall determine such fields by reference to the International Patent Classification. (4) For international applications under the Patent Cooperation Treaty, the Organization may avail itself of the provisions of Articles 20 and 36 of the said Treaty, which relate to the international search report and the international preliminary examination report, respectively.