Article 1390. Experition of application for a useful model

1. A request for a useful model adopted by the Federal Executive on Intellectual Property shall be subject to a formal examination, which shall verify the existence of the document. In accordance with article 1376, paragraph 2, of the present Code, compliance with the requirements and the date of submission of the application shall be established. to conduct, upon request, a useful model of preliminary information search on the declared useful model and a preliminary assessment of its patent The examination of the application for a useful model shall be carried out essentially after the formal completion of the application. The examination of the application for a useful model shall, in essence, include: verification of the compliance of the declared useful model with the requirements set out in paragraph 4. Article 1349 of the present Code and the conditions of patentability provided for by the first paragraph of paragraph 1, paragraphs 5 and 6 of article 1351 of the present Code; verification of the sufficiency of the disclosure of the nature of the claim a useful model in the application documents provided for in article 1376, paragraph 2, subparagraphs 1 to 4, of the present Code and submitted on the date of its submission, for the implementation of the useful model by a specialist in the present Code :: To conduct an information search on the declared useful model and to test its results against the declared useful model for patentability, pre-eminence In verifying the patentability of the declared useful model, account shall be taken of the results of the preliminary information search and of the pre-suppliers. Informative valuations of patentability contained in the report on preliminary information search and conclusion based on the results of the preliminary patent assessment conducted by science or formation In the event of their entry into the federal authority before a decision on the application for a patent is taken, the patent is refused or the application is withdrawn. No search shall be carried out for the objects referred to in article 1349, paragraph 4, paragraph 5 and 6 of article 1351 of the present Code, which shall be carried out by the federal intellectual property authority. 2. If, as a result of the examination of the application for a useful model, it has been established in substance that the declared useful model expressed by the formula proposed by the applicant is not refers to the objects referred to in article 1349, paragraph 4, of the present Code, the conditions of patentability provided for in article 1351 of the present Code and the essence of the declared useful model. in the application documents referred to in article 1376, paragraph 2, paragraphs 1 to 4, of the present Code, submitted on the date of its submission, is disclosed in a comprehensive manner sufficient to implement the useful spa model The Federal Intellectual Property Authority decides to grant a patent to a useful model with this formula. If the evaluation of the application for the useful model determines in essence that the declared object expressed by the formula, c/ The applicant ' s language does not meet at least one of the requirements or conditions of patentability set out in paragraph 1 of this paragraph, or the application documents provided for in subparagraphs 1 to 1. Article 1376, paragraph 2, of the present Code, submitted on the date of its submission, does not reveal the substance of a useful model with sufficient capacity to implement a useful model by a specialist in this category. 3. In the formal examination of the application for a useful model, the Federal Intellectual Property Authority decides not to grant a patent. The provisions of article 1384, paragraphs 2 to 5, article 1386, paragraph 6, article 1387, paragraphs 2 and 3, and articles 1388 and 1389 of the present Code apply on the merits, respectively. In the event that a request for a useful model has been considered by the Federal Executive on Intellectual Property that the information contained therein is made public The application documents are classified in accordance with the procedure established by the State Secrets Act and the applicant is informed of the possibility of withdrawing the application for a useful model or otherwise. The application is suspended pending receipt of the application from the applicant or the declassification of the application.