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Article 95 - Analyzing the invention in terms of accordance with formal conditions

Turkish Industrial Property Code (Law No. 6769)
Article 95

Analyzing the invention in terms of accordance with formal conditions


Article 95

(1) The application shall not be processed in case of any of the factors specified in paragraph 3 of Article 90 being missing.
(2) In the application which is admitted to be processed, in the case that at least one of the factors which are specified in paragraph 1 of Article 90 being missing or the factors being specified in a foreign language according to paragraph 2 of Article 90, the deficiencies are corrected or the Turkish translation shall be submitted without the need to notify within two months as of the application date. Failing that shall result in considering the application to be withdrawn.
(3) The Office analyses the application which completes the requirements specified in paragraph 1 or which has met the requirements in accordance with paragraph 2 in terms of accordance with other formal conditions which are determined based on paragraph 4 and 5 and the regulation.
(4) In case of the realization of the inconsistency of the application with formal conditions, the applicant shall be asked to correct the deficiencies within two months as of the application date. In the case of failing to fill the deficiencies within this period, the application shall be refused.
(5) In case of the realization of the consistency of the application with formal conditions, a search report shall be prepared pursuant to the provision of Article 96.


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