Legislative Implementation of Flexibilities - Greece

Title:	Article 8 (1)-(10) of the Law on "Technology transfer, inventions, and technological innovation" No. 1733/1987 (FEK 171, A' of 22/9/1987) as last amended by Law No. 2359 of 15/11/1995
Field of IP:	Patents
Type of flexibility:	Substantive examination
Summary table:

Provisions of Law

Article 8

Grant of the patent - Procedure

1. If after the lapse of the term stated in paragraph 9 of the preceding article O.B.I. discovers the orderly but not complete filing of the application, this shall be considered as not filed.

2. If the filing of the application is orderly and complete, O.B.I. shall examine:

a. whether the subject matter of the application relates to an invention which is obviously patentable within the meaning of paragraphs 6 and 8 of article 5;

b. whether the subject matter of the application cannot be obviously considered as invention within the meaning of article 5 paragraph 2.

If either of the above cases occurs, O.B.I. shall reject the patent application in its entirety or in the part which falls under said cases.

3. If the application is not considered as non-filed or if it is not rejected, in accordance with the preceding paragraphs, O.B.I. shall draft a search, report based on the description of the invention, the claims, and the attached drawings which shall mention all data of the state of the art necessary for the assessment of the novelty and the inventive step of the invention (search report). The search report may be accompanied by comments or brief explanatory remarks made by O.B.I. which shall relate to the characteristics of the invention in accordance with article 5 par. 1.

4. The search report shall be drafted only if the applicant pays the search fee within four months from the filing date of the application. In case said fee is not paid in time, the patent application is automatically converted into an application for grant of a utility model certificate.

5. The search report, along with a copy of the documents accompanying it, shall be notified to the applicant who is entitled to present his/her comments within a period of three months from the date of the notification.

6. On the basis of the applicant's comments, O.B.I. shall draft a final search report including all data of the state of the art which have to be taken into consideration in appraising the patentability of the invention by granting a patent in accordance with the present law.

7. The search report shall be made available to the public along with the patent application or, if it has not yet been drawn-up, following its notification to the applicant.

8. The search report or the final search report have an informative character.

9. Upon drafting the search report, O.B.I. may request from the European Patent Office or from any other international or national organisation the supply of information or opinions which shall be freely evaluated. Furthermore, O.B.I. may request from the applicant additional information, clarifications or comments.

10. All other matters related to the procedure of drafting the search report or the final search report are regulated by decision of the Minister of Industry, Energy, and, Technology.