It is registered
in the Ministry of Justice
On March 11, 2002 No. 308/6596
of March 11, 2002 No. 184
About approval of the Instruction about patent grant of Ukraine on confidential inventions which are protected by copyright certificates of the USSR on confidential inventions
1. Approve the Instruction about patent grant of Ukraine on confidential inventions which are protected by copyright certificates of the USSR on confidential inventions (further - the Instruction) which is applied.
2. To submit to State department of intellectual property this Instruction to the Ministry of Justice of Ukraine on state registration.
3. To State department of intellectual property to publish this Instruction in the statement "Industrial property".
4. Declare invalid the order of the State patent authority of Ukraine "About approval of the Procedure for certification of Ukraine on the inventions which are the state secret and protected by copyright certificates of the USSR on confidential inventions" of January 23, 1996 N 10, registered in the Ministry of Justice of Ukraine on February 16, 1996 for N77/1102.
5. To impose control of execution of this order on the chairman of State department of intellectual property Paladiya M. V.
chairman of Service
safety of Ukraine
Approved by the Order of the Ministry of Education and Science of Ukraine from 11 Matyora of 2002 No. 184
1. This Instruction is developed according to the Laws of Ukraine "About protection of the rights to inventions and useful models" and "About the state secret", the Regulations on State department of intellectual property approved by the resolution of the Cabinet of Ministers of Ukraine of June 20, 2000 N 997, and establishes patent procedure of Ukraine on confidential inventions which are protected by copyright certificates of the USSR on confidential inventions.
2. Authors of inventions together with the applicants specified in the copyright certificate USSR give to the State department of intellectual property operating as a part of the Ministry of Education and Science of Ukraine (further - State Department), petitions for patent grant of Ukraine on the confidential invention (further - the patent) which is protected by the copyright certificate USSR on the confidential invention (further - the copyright certificate USSR) concerning which for date of commissioning of this Instruction effective period did not end.
The specified patents are granted for the term which remained before the termination of 20-year term from the date of provision of the request for issue of the copyright certificate USSR. In case of patent grant the appropriate copyright certificates of the USSR in Ukraine are terminated.
3. The petition for patent grant (further - the petition) is submitted through regime and confidential body of the applicant or through competent authority of local public administration on the location (for legal entities) or to the residence (for physical persons) it is direct in the State company "Ukrainian Institute of Industrial Property" of the Ministry of Education and Science of Ukraine (further - Ukrpatent) to the address: Ulitsa Semyi Hokhlovykh, 15, Kiev - 119, Ukraine, 04119.
4. The petition goes in the established form (appendix 1) in Ukrainian, concerns one copyright certificate USSR and contains:
requisition number on issue of the copyright certificate USSR;
number of the copyright certificate USSR;
date of provision of the request for issue of the copyright certificate USSR;
name of the invention;
complete name or name and residence or location of the applicant(s);
complete name of the author(s);
the address for correspondence.
The petition is signed by author(s) and the applicant(s) (further - person which submitted the petition).
If it is impossible to receive the signature of one or several authors, then the document in which absence reasons of signatures shall be specified is attached to the petition (for example, the residence, departure abroad and so forth is not known).
If applicant is the legal entity, then the petition is signed by person having on this power. The signature consists of full name of position of person signing the petition of the personal signature, surname, initials, date and is sealed this legal entity.
5. Such documents are attached to the petition:
the copy of the application about issue of the copyright certificate USSR - 2 copies;
the copy of the request for issue of the copyright certificate USSR - 2 copies;
the copy of the decision of Patent authority of the USSR on issue of the guarding document (the copyright certificate USSR or the certificate USSR) - 2 copies;
the description of the confidential invention - 2 copies;
the copy of the copyright certificate USSR or the certificate USSR certified notarially or organization of the applicant - 2 copies;
document on change of the name of the applicant (as necessary).
6. Ukrpatent within a month considers the submitted petition, checks availability of the documents specified in items 4 both 5 these Instructions, and their compliance to the established requirements.
7. If the filed documents do not meet the established requirements, then person which submitted the petition, Ukrpatentom is sent the message with indication of discrepancies. On elimination of the found shortcomings two months from the date of receipt of the message are provided. If discrepancies are not eliminated at the scheduled time, then the petition is considered not given about what the message is sent to person which submitted the petition.
8. If the filed documents meet the established requirements, then the State Department makes the decision on patent grant (appendix 2).
9. The decision on patent grant specified in Item 8 of this Instruction, the petition and documents which are applied to it are sent to the State expert in secrets (the daleegosudarstvenny expert).
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