ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF UKRAINE

of May 13, 2002 No. 298

About approval of the Instruction about procedure for prolongation of effective period of the patent for the invention which object is means which use needs permission of competent authority

According to part four of article 6 of the Law of Ukraine "About protection of the rights to inventions and useful models" PRIKAZYVAYU:

1. Approve Instructions about procedure for prolongation of effective period of the patent for the invention which object is means which use needs permission of competent authority (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. To impose control over the implementation of this order on the chairman of State department of intellectual property Paladiya M. V.

Approved by the Order of the Ministry of Education and Science of Ukraine on May 13, 2002 No. 298

The instruction about procedure for prolongation of effective period of the patent for the invention which object is means which use requires permission of competent authority

1. General provisions

1.1. This Instruction developed according to part four of article 6 of the Law of Ukraine "About protection of the rights to inventions and useful models" establishes procedure for prolongation of effective period of the patent for the invention which object is medicine, remedy of animals, remedy of plants and so forth (further - means) which use needs permission of the relevant competent authority, and determines requirements to the petition for prolongation of effective period of the patent for the invention which subject is such means (further the petition), procedure for consideration of the petition.

1.2. Effective period of the patent for the invention which object is means which use needs permission of the relevant competent authority (further - the patent) can be extended for the term equal to the period between date of provision of the request for the invention and the date of receipt of such permission, but it is no more than for 5 years.

1.3. The owner of the patent submits the petition in Public service of intellectual property of Ukraine (further - Public service) which activities go and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Education and Science, youth and sport of Ukraine. For provision of the petition collection according to collection Payment procedure is paid for the actions connected with protection of the rights to intellectual property items, the approved resolution of the Cabinet of Ministers of Ukraine of December 23, 2004 N1716.

1.4. At the request of the owner of the patent the petition can be submitted through the representative for intellectual property (patent agent) or other authorized representative.

1.5. Collection for provision of the petition it shall be paid and the petition shall be submitted to Public service not later than in 6 months prior to the termination of effective period of the patent.

2. Requirements to the petition

2.1. The petition is stated in any form in Ukrainian, shall concern one patent and contain:

- number of the patent;

- number and date of provision of the request for the invention;

- name of the invention;

- complete name of physical person or the name of the legal entity - the owner of the patent, its residence or the location;

- the address for correspondence.

2.2. The petition is signed by the owner of the patent.

If the patent belongs to several persons, then the petition is signed by all owners.

If the legal entity is the owner of the patent, then the petition signs person who has on this power. The signature consists of full name of position of person signing the petition of the personal signature, initials, surname, date and is sealed.

2.3. Are applied to the petition:

- the verified copy of the document providing permission to use of the means issued by competent authority (the copy of the registration certificate and so forth);

- the power of attorney which is drawn up with observance of requirements of the current legislation if the petition at the request of the owner of the patent is submitted by the representative for intellectual property or other authorized representative.

3. Consideration of the petition, decision making and entering into the register of data

3.1. The petition is considered within one month of date of its receipt in Public service.

3.2. In case of compliance of the petition and documents which are attached to it to the requirements specified in Sections 1 and 2 of this Instruction, Public service makes the decision on prolongation of effective period of the patent (appendix 1).

3.3. Based on the made decision on prolongation of effective period of the patent Public service enters data concerning prolongation of effective period of the patent in the register according to the procedure, the established Regulations on the State register of patents and declaration patents of Ukraine for inventions approved by the order of the Ministry of Education and Science of Ukraine of 12.04.2001 of N291 and registered in the Ministry of Justice of Ukraine 28.04.2001 for N379/5570 (further - the Provision), and publishes data on it in the statement "Industrial property".

3.4. Amendment to the patent for the invention in the form given in appendix 1 to the Provision concerning prolongation of effective period of the patent is issued or sent to its owner to the address specified in the petition.

3.5. In case of discrepancy of the petition to the requirements specified in Sections 1 and 2 of this Instruction or in case of reasonable doubts concerning accuracy of the information which the filed documents contain Public service sends to the owner of the patent the message with indication of discrepancies and/or request about provision of the additional documents necessary for decision making.

3.6. To the owner of the patent 2 months of the date of receipt are provided to them the message or request of Public service for elimination of discrepancies and/or provision of additional documents. If the owner provides at the scheduled time the answer and/or additional documents, then Public service considers them within a month of receipt date.

3.7. The decision on refusal in prolongation of effective period of the patent (annex 2) is adopted if:

- the petition and documents which are attached to it do not conform to the requirements specified in Sections 1 and 2 of the Instruction;

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