ORDER OF THE DIRECTOR OF THE STATE PATENT AUTHORITY OF THE REPUBLIC OF UZBEKISTAN

of September 21, 2006 No. 56

About approval of Rules of giving and consideration of the application of the patentee about provision of the right to the open license and the publication of data on such statement

According to the Laws of the Republic of Uzbekistan "About inventions, useful models and industrial designs" and "About selection achievements" I order:

1. Approve Rules of giving and consideration of the application of the patentee about provision of the right to the open license and publications of data on such statement according to appendix.

2. This order becomes effective after 10 days after state registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the Order of the director of the State patent authority of the Republic of Uzbekistan of September 21, 2006 No. 56

Rules of giving and consideration of the application of the patentee about provision of the right to the open license and publication of data on such statement

Rules of giving and consideration of the application of the patentee about provision of the right to the open license and publications of data on such statement (further - Rules) according to the laws of the Republic of Uzbekistan "About inventions, useful models and industrial designs", "About selection achievements" establish procedure for giving and consideration in the Ministry of Justice of the Republic of Uzbekistan (further - the Ministry) statements of the patentee for provision of the right to the open license and publications of data on such statement.

1. General provisions

1. According to article 32 of the Law of the Republic of Uzbekistan "About inventions, useful models and industrial designs" and article 39 of the Law of the Republic of Uzbekistan "About selection achievements" the statement of the patentee for provision of the right to the open license (further - the application) is submitted to the Ministry.

2. The application cannot be submitted in the presence of the license agreement registered in the Ministry about provision of the right to use the corresponding object of industrial property, selection achievement under the terms of which the patentee has no right to grant licenses before expiration of the contract.

3. The submitted application is not subject to response.

4. Business management on filing of application is performed by the patentee independently, through the representative or the patent agent whose powers make sure the power of attorney which is drawn up according to the legislation.

5. Patent fee in the established size is paid for the publication of data on the statement.

2. Filing of application and the enclosed documents

6. By provision by the patentee to any person of the right to use object of industrial property, selection achievement the following documents are submitted to the Ministry:

a) the statement of the patentee for provision of the right to the open license in the form given in appendix to these rules. The application is submitted on Uzbek or Russian in one copy. Foreign names and names of the companies are specified in the Uzbek or Russian transliteration.

The statement shall belong to one patent.

The application is signed by all patentees if their consent on filing of application is not fixed in any other submitted document.

On behalf of the legal entity the application is signed by the director, the organizations or person authorized on it with indication of its position. The signature is sealed.

Signatures are deciphered with indication of surnames and initials of the signing person;

b) original (duplicate) of the patent;

c) the document confirming legal succession or the right to inheritance (in case of need);

d) the power of attorney certifying powers of the representative (in case of need);

e) the document confirming payment of patent fee in the established size for the publication of data on the statement.

In case of non-presentation of the document confirming payment of patent fee in the established size, legally significant actions for consideration of the application are not performed.

7. The documents enclosed to the application can be submitted in the Uzbek, Russian or other language. If documents are submitted in other language, their translation on Uzbek or Russian is applied to them.

8. The statement and documents attached to it are filed to the Ministry directly or go by mail.

3. Consideration of the application and publication of data on the statement

9. In fifteen-day time from the date of receipt of the statement and the documents Ministry attached to it performs verification of presence of all necessary documents and their compliance to the requirements established by these rules.

10. In case of lack of necessary documents or violation of the requirements to documents established by these rules, to person who submitted the application the notification with the offer to submit the absent and/or corrected documents within three months from the date of the direction of the notification goes.

At the same time the current of fixed term of consideration of the application stops before receipt of the last of the lacking or corrected documents.

11. In case of compliance of the submitted documents to requirements of these rules the Ministry notifies person who submitted the application about reception of an application. Data on the statement, depending on object concerning which the application is submitted are entered in the State registers of inventions, useful models, industrial designs, plant varieties, breeds of animals.

12. In case of discrepancy of the submitted documents to requirements of these rules, and also in case of non-presentation at the scheduled time the corrected or missing documents Ministry send to the person who submitted the application, the notification on refusal in reception of an application containing the bases for refusal and returns the submitted documents, except for statements.

13. The following data on the statement are published in the statement of the Ministry:

number of the patent;

requisition number;

number and year of release of the statement of the Ministry in which data on registration of object of industrial property, selection achievement are published;

index of the International patent classification (IPC)/the International classification of industrial designs (ICID) (it is specified concerning object of industrial property);

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