State Office of Industrial Property
Republic of Macedonia
- Q1 Filing Date
- Q2 Representation
- Q3 Forms and Means of Communications
- Q4 Relief in Respect of Time Limits
- Q5 Reinstatement of Rights
- Q6 Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
- Q7 Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
- Q8 Request for Recordation of Change in Name or Address
- Q9 Request for Recordation of Change in Applicant or Owner
- Q10 Request for Recordation of a License or a Security Interest
- Q11 Request for Correction of a Mistake
Q1: Filing date
Q1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”. If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference: PLT Article 5(1)(a)]
A1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper.
Q1-2 Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference: PLT Article 5(1)(b)]
A1-2 No
Q1-3 For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both. What is the requirement of your country?
(a) Information allowing the identity of the applicant to be established
(b) Information allowing the applicant to be contacted by the Office
(c) Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
[Reference: PLT Article 5(1)(c)]
A1-3 Information allowing the applicant to be contacted by the Office.
Q1-4 Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference: PLT Article 5(1)(c)]
A1-4 Yes
Q1-5 For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?
(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
[Reference: PLT Rule 2(4)]
A1-5 A copy of the earlier application.
Q1-6 For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?
(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e) The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
[Reference: PLT Rule 2(5)]
A1-6 The reference to a previously filed application must indicate the filing date of the previously filed application.
Q2: Representation
Q2-1 In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative? If yes, please list those procedures.
[Reference: PLT Article 7(2)]
A2-1 An applicant, owner or other interested person may carry out himself without appointing a local representative the action of filing an application and payment of any fee or expense of the procedure before the Office
Q2-2 Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference: PLT Rule 7(2)(b)]
A2-2 No
Q3: Forms and Means of Communications
Q3-1 Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal? If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?
(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required
[Reference: PLT Rule 8(2)(c)]
A3-1 The filing of communications by telegraph, teleprinter, telefacsimile etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile etc. is required.
Q4: Relief in Respect of Time Limits
Q4-1 Which form of relief in respect of time limits does your Office provide?
[Reference: PLT Article 11(1), (2) and (4)]
A4-1 Continued processing
Time limit to file a request for continued processing: two months from the date when the applicant has learned about the consequences that he may lose a definite right from the application. After the expiry of six months from the date of omission, extention of the time limits of the procedure may not be requested
Time limit to comply with the unfulfilled requirements: together with the request for extention of the time limits
Amount of fee: 3000 MKD
Q4-2 Which actions are excluded from the relief as described in A4-1?
[Reference: PLT Article 11(3) and Rule 12(5)]
A4-2 Request for continued processing may be submitted if the following time limits are missed:
1) time limits in the procedure for continued processing;
2) for submitting a request for the mode of examination;
3) for submitting a proposal for reinstatement of rights;
4) for all procedures within the Office in which more parties participate.
Q5: Reinstatement of Rights
Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12? In addition, please provide a brief explanation of the applicable standard.
[Reference: PLT Article 12(1)]
A5-1 Failure to comply with the time limit occurred in spite of due care required by the circumstances having been taken.
The applicant or the holder of rights shall be allowed to reinstatement of rights, if in spite of the due attention, he has missed the time limit determined by Law to perform some activity in the procedure within the Office for which it will cause a lose of right.
Q5-2 What is the time limit for making a request for reinstatement of rights?
[Reference: PLT Rule 13(2)]
A5-2 The proposal for reinstatement of rights shall be submitted within three months starting from the date when the reason for the omission ceased, and if the submitter found out the omission later, then from the date when he has learned about it. On the expiration of one year from the date of omission, reinstatement of rights may not be requested.
Q5-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 12(3)]
A5-3 Yes Amount: 1000 MKD
Q5-4 Which actions are excluded from the reinstatement of rights?
[Reference: PLT Article 12(2) and Rule 13(3)]
A5-4 The following actions are excluded from the reinstatement of rights:
1) submitting a proposal for reinstatement of rights;
2) submitting a request for continued processing;
3) for submitting a request for the mode of examination;
4) filling an opposition for a filled trademark or for a filled industrial design;
5) in any proceeding where a request for prolongation of time limits is prescribed by the Law;
6) submitting of any translation proscribed by the Law;
7) for all procedures within the Office in which more parties participate.
Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference: PLT Article 13(2)]
A6-1 Failure to file the subsequent application within the priority period occurred in spite of due care required by the circumstances having been taken.
The applicant should state in the request for restoring the rights some elements to prove the unintentionality. The Office does not interfere in investigation of the element.
Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference: PLT Rule 14(4)]
A6-2 The PLT Rule 14 (4) will be applicable. There is no time limit set by the national Law.
Q6-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A6-3 There is no fee requrement according to the national Law.
Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference: PLT Article 13(3) and Rule 14(6)(b)]
A7-1 Yes
Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference: PLT Rule 14(6)(b)]
A7-2 The PLT Rule 14(6)(b)will be applicable. There is no time limit set by the national Law.
Q7-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A7-3 The Office do not require a fee to be paid.
Q8: Request for Recordation of Change in Name or Address
Q8-1 Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 15(3)(b)]
A8-1 Yes
Q9: Request for Recordation of Change in Applicant or Owner
Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest
[Reference: PLT Rule 16(1)(b)]
A9-1 A statement that the information contained in the request is true and correct.
Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference: PLT Rule 16(2)(a) to (c)]
A9-2 The change results from a contract: the translation from the legal act (contract) signed from both parties and the copy from the original.
The change results from a merger or from the reorganization or division of a legal entity: the translation from the legal act signed from both parties and the copy from the original.
The change results from any other ground (ex. by operation of law or a court decision): the translation from the legal act signed from both parties and the copy from the original.
Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference: Rule 16(2)(d)]
A9-3 Yes
Q9-4 Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 16(5)]
A9-4 Yes
Q10: Request for Recordation of a License or a Security Interest
Q10-1 May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?
[Reference: PLT Rule 17(1)]
A10-1 Recordation of a license No
Recordation of a security interest No
If one or both of the answers is(are) “Yes”, please ploceed to Q10-2. If both answers are “No”, please skip to Q11.
Q10-2 Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration
[Reference: PLT Rule 17(1)(b)]
A10-2
Q10-3 Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference: PLT Rule 17(2)]
A10-3
Q10-4 Where the licence (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference: Rule 17(2)(d)]
A10-4
Q10-5 Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 17(5)]
A10-5
Q11: Request for Correction of a Mistake
Q11-1 Does your Office prescribe the following requirements with respect to a request for correction of a mistake?
(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
[Reference: PLT Rule 18(1)(b) to (d)]
A11-1 The request shall be accompanied by a replacement part or a part incorporating the correction.
Q11-2 Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 18(3)]
A11-2 Yes
[End of questionnaire]
April 2012