Article 1387: Decision on the granting of a patent for an invention, refusal to issue it or recognition of an application withdrawn

1. If, as a result of the examination of the application for an invention, it is found in substance that the declared invention, expressed by the formula proposed by the applicant, does not apply to the objects referred to in the paragraph e 4 Article 1349 of the present Code corresponds to the conditions of patentability laid down in Article 1350 of the present Code and to the essence of the declared invention in the documents of the application provided for in the article. Under article 1375, paragraph 2, paragraph 4, of the present Code, submitted on the date of its submission, is disclosed in a comprehensive manner sufficient to enable the implementation of the invention by the federal executive branch. The decision specifies the date of application for the invention and the date of priority of the invention. In fact, it is established that the declared invention, expressed in the formula proposed by the applicant, does not meet at least one of the requirements or conditions of the patent. The capacity specified in paragraph 1 of this paragraph or the application documents referred to in paragraph 1 of this paragraph do not meet the requirements of this paragraph, Federal or Until the decision on the refusal of a patent is taken, the Federal Executive Authority will not grant the patent. ellectual property shall give notice to the applicant of the results of the patentability test of the declared invention, with an invitation to present its case on the grounds given in the notification. The applicant ' s response on the grounds given in the notification may be submitted within six months of the date of the notification. 3. The decision of the Federal Executive Authority on Intellectual Property. an intellectual property claim for a patent for an invention, a refusal to grant a patent for an invention, or a withdrawal of an application for an invention may be challenged by the applicant. To lodge an objection with the said federal executive body within seven months of the date on which the decision was transmitted to the complainant or requested to do so by the federal authority. The authorities may request copies of the materials against the application and indicated in the decision not to grant the patent, provided that the applicant has requested copies of the materials within three months of the date of the application. on the date of the decision taken on the application for invention.