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Article 1386. Essentially experience of an application for an invention

📅 Updated: 30.09.2026

1. The examination of an application for invention shall be carried out in substance at the request of the applicant or a third person after the formal examination of the application has been completed with a positive result. In fact, the examination of an invention shall be submitted within three years of the date of the application, either from the date of the international application for an invention, or from the date of the international application for an invention, and in respect of the Eurasian This application is submitted at the same time as the application for a patent. The examination of an application for an invention may in fact be extended by the federal intellectual property authority at the applicant ' s request before the expiry of the application. In the event that the request for an examination of an application for an invention has not been submitted in substance within the prescribed time limit, the application shall be withdrawn. 2. The applicant shall be notified by the federal intellectual property authority of the application for an examination of the merits of the application for an invention by third parties. The essential requirements of a declaration of invention include: verification of the conformity of the declared invention with the requirements of article 1349, paragraph 4, of the present Code and the conditions of patentability established by law. Paragraph 1 (1), paragraphs 5 and 6 of article 1350 of the present Code; verification of the sufficiency of disclosure of the nature of the proposed invention in the application documents provided for in paragraphs 1 to 4 of paragraph (2) of the Code; Articles 13 to 75 of the present Code, submitted on the date of its submission, for the implementation of an invention by an expert in this field of technology; carrying out an information search on the declared invention The Federal Executive Body of the Federal Republic of Yugoslavia, in accordance with article 1350, paragraph 1, of the present Code, is responsible for verifying the conformity of the declared invention with the conditions of patentability laid down by the Abzac of the second paragraph of article 1350 of the Code. The information search report is sent to the applicant by the intellectual property authority. Pre-informative search and pre-appraisal of patentability, as contained in the preliminary information search and opinion report on the results of the preliminary survey In the case of a patent certificate issued by a scientific or educational organization, if it is submitted to the said federal authority before a decision on the application for a patent is taken, or if it is refused. Information on the objects referred to in article 1349, paragraph 4, paragraphs 5 and 6 of article 1350 of the present Code is not available. 3. The Federal Act of 31 July 2020 N 262-FZ 4 ceased to be in force on 1 August 2021. Act No. 262-FZ 5 of 31 July 2020, on the application for an invention published in accordance with the procedure laid down in article 1385 of the present Code, the Federal Executive Office for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Intellectual property publishes a report on a preliminary information search carried out in accordance with article 1384, paragraph 6, of the present Code and a report on an information search carried out in accordance with article 1384, paragraph 6, of the Code. After the publication of the information on the application for an invention, the international application for an invention is open to any person to submit comments on the conformity. They do not accept the fate of the persons concerned, in accordance with the requirements set out in article 1349, paragraph 4, of the present Code and the conditions for patentability laid down in articles 13 to 50 of the present Code. Comments shall be taken into account when deciding on such applications in accordance with the procedure laid down in article 1387 of the present Code. In accordance with article 1384, paragraph 6, of the present Code, article 2, paragraph 2, and article 1390, paragraph 1, of the present Code, a. Publication of the reports on the preliminary inquiry and on the information search, the report on the preliminary inquiry, the report on the information search and the opinion on The results of the preliminary assessment of the patentability of the applicant are determined by the federal executive body responsible for the regulation of intellectual property rights. 6. In the course of the examination of an application for an invention, the federal intellectual property authority may request additional material from the applicant. In this case, the additional materials are not changed. In essence, the requests must be submitted within three months of the date of the request or copies of the materials opposing the application, provided that the applicant has requested copies within two minutes of the request. If the applicant does not submit the requested material or submit a request for extension e/ The time limit for the submission of the requested material by the applicant may be extended by the federal executive authority in question. If the examination of the application is based on a violation of the unity of the invention, the provisions of article 1384, paragraph 4, of the present Code shall apply. If additional material is submitted by the applicant, it shall be verified whether it changes the substance of the application (art. 1378). Such material may be submitted by the applicant as an independent application. The applicant shall be notified of this responsibility.