Page 392 - Regional Comprehensive Economic Partnership (RCEP)

Agreement, and the Annex and Appendix to the Annex to the TRIPS
Agreement.

Article 11.40: Experimental Use of a Patent

Without limiting Article 11.38 (Exceptions to Rights Conferred), each
Party shall provide that any person may do an act that would otherwise
34
infringe a patent if the act is done for experimental purposes relating to
the subject matter of a patented invention.

Article 11.41: Procedural Aspects of Examination and Registration

1. The Parties recognise the importance of improving the quality and
efficiency of their respective patent systems as well as simplifying
and streamlining the procedures and processes of their
respective competent authorities for the benefit of all users of their
respective patent systems and the public as a whole.

2. Each Party shall provide a patent system, which includes:

(a) a requirement to provide to the applicant a communication
in writing of the reasons for a refusal to grant a patent;

(b) an opportunity for the applicant to make amendments and
observations in connection with their applications;
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(c) an opportunity to do at least one of the following in relation
to a patent before it has been granted:

(i) file an opposition against the patent application; or

(ii) provide the competent authority with information
that could deny novelty or inventive step of an
invention claimed in the patent application;

34 For greater certainty, each Party may determine, consistent with Article 11.38
(Exceptions to Rights Conferred), what acts fall within the meaning of “experimental
purposes”.

35 For the purposes of this subparagraph, the Parties understand that “amendments”
may include corrections and “observations” may include explanations or responses to
a finding on its application by the competent authority whether or not such response is
given in conjunction with an amendment or correction to the application.

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