of February 24, 2012 No. 89
About approval of Rules of creation, registration and consideration of requests for some objects of industrial property, entering of data into the corresponding state registers on objects of industrial property of the Republic of Kazakhstan, and also issue of the security document and on introduction of amendments to the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136 "Some questions of legal protection of objects of industrial property"
According to item 4 of Article 17, with item 4 of article 18 of the Law of the Republic of Kazakhstan "the Patent Law of the Republic of Kazakhstan" and with Item 6 of article 9 of the Law of the Republic of Kazakhstan "About trademarks, service marks and names of places of goods origin", PRIKAZYVAYU:
1) Rules of creation, registration and consideration of the request for the invention, entering of data into the state register of inventions of the Republic of Kazakhstan, and also issue of the security document, according to appendix 1 to this order;
2) Rules of creation, registration and consideration of the request for useful model, entering of data into the state register of useful models of the Republic of Kazakhstan, and also issue of the security document, according to appendix 2 to this order;
3) Rules of creation, registration and consideration of the request for the trademark, according to appendix 3 to this order.
2. Recognize invalid subitems 2), 3) and 4) of Item 1 of the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136 "Some questions of legal protection of objects of industrial property" (registered in the Register of state registration of regulatory legal acts at No. 6234, published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan, 2010, No. 16).
3. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:
1) state registration of this order;
2) official publication in periodic printing editions and in information system of law of Ad_let.
4. To impose control of execution of this order on the supervising deputy minister of justice of the Republic of Kazakhstan.
Minister of Justice of the Republic of Kazakhstan
to the Order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2012 No. 89
1. These rules of creation, registration and consideration of the request for the invention, entering of data into the state register of inventions of the Republic of Kazakhstan, and also issue of the security document are developed according to item 4 of article 17 of "The patent law of the Republic of Kazakhstan" of the Law of the Republic of Kazakhstan of July 16, 1999 (further - the Law) and determine procedure for creation, registration and consideration of the request for the invention, entering of data into the state register of inventions of the Republic of Kazakhstan, issue of the security document.
2. In these rules the following concepts are used:
1) the bulletin – the statement "Industrial Property of the Republic of Kazakhstan" (further – the Bulletin);
2) World Intellectual Property Organization – the international organization providing and regulating international policy and cooperation of the countries in the sphere of intellectual property (further – VOIS);
3) the Eurasian request - the application submitted according to the Eurasian patent convention of September 9, 1994;
4) the Eurasian patent – the patent granted according to the Eurasian patent convention of September 9, 1994;
5) the conventional request - the application submitted according to the Parisian convention on protection of industrial property of March 20, 1883;
6) the inventor – physical person by which creative activity it is created;
7) the request - the request for patent grant for the invention (further – the request);
8) examination of the request for patent grant on the invention - formal examination and examination of the request in essence;
9) the expert organization - the organization subordinated to authorized body performing activities in the spheres carried the state monopoly (rendering services in the field of protection of inventions, useful models, industrial designs);
10) authorized body - Ministry of Justice of the Republic of Kazakhstan;
11) the international request - the application submitted according to the Agreement on patent cooperation (Patent Cooperation Treaty, further - RUTI) of June 19, 1970.
3. The request contains the following documents:
1) the petition of the Republic of Kazakhstan on the invention in form, according to appendix 1 to these rules on Kazakh or Russian about patent grant with indication of inventors and persons addressed to whom the patent for the invention is asked, and also their residence or the location (further - the Statement) in triplicate;
2) the description of the invention revealing him with the completeness sufficient for implementation of examination by the specialist in the corresponding knowledge domain in duplicate;
3) the invention formula determining subject of the invention and expressing it essence. The formula shall be clear, exact and be based on the description in duplicate;
4) drawings and other materials if they are necessary for understanding of essence of the invention in duplicate;
5) paper in duplicate;
6) the power of attorney, in case of record keeping through the representative.
4. The documents attached to the request:
1) the document confirming payment of application according to the order of the Minister of Justice of the Republic of Kazakhstan of December 18, 2014 to No. 368 "About price approval for the works and services realized by the republican state company on the right of economic maintaining "National institute of intellectual property" of the Ministry of Justice of the Republic of Kazakhstan" (further - the prices) (it is registered in the Register of state registration of regulatory legal acts No. 10045).
Participants of the Great Patriotic War, disabled people, pupils of comprehensive schools and colleges, students of higher educational institutions, retirement pensioners and length of service, except the document confirming payment provide also the document confirming the status. The specified documents are submitted together with the request or within two months from receipt date of the request. This term is prolonged, but no more than for two months;
2) the copy of the first request, is attached to the request with purchase of conventional priority and it is represented no later than six months from receipt date of the conventional request in the expert organization. If it is several first requests, copies of all these requests are attached.
In case of submission of the conventional request by other applicant permission of the applicant of the first request for use of the right of priority is applied.
In case of purchase of conventional priority according to the request which arrived after twelve months from the date of submission of the first request, but no later than two months after twelve-monthly term the document with indication of the circumstances which are not depending on the applicant prevented application in the specified twelve-monthly time and the document confirming availability of these circumstances is attached to the request if there are no bases to assume that they are known to the expert organization.
The request for establishment of conventional priority is submitted in case of application (it is provided in the corresponding column of the petition on the invention of IZ-1P) or within two months from receipt date of the request in the expert organization;
3) the document on deposition in the official collection depositary authorized on it is attached to the request for the invention which belongs to new strain of microorganism, culture of cages of plants or animals. This document (the verified copy of the passport about deposition) is submitted along with the request or no later than two months from receipt date of the request to the expert organization. Date of deposition shall precede priority date of the invention;
4) the machine-readable data carrier (diskette) with record of the copy of the same list of the sequences meeting requirements of the ST.25 standard of World Intellectual Property Organization (further - VOIS), and the application signed by the applicant concerning the fact that information provided in machine-readable form is identical to the list of the sequences represented in printed form is applied to the request containing list of the sequences of nucleotides and/or amino acids;
5) application in writing is followed by appendix of its copy on the electronic medium. At the same time the applicant the declaration on identity of the text in printed form and on the electronic medium is submitted.
5. Documents of the request are submitted in the Kazakh, Russian or other language. If documents of the request are submitted in other language, then their translation on Kazakh or Russian in duplicate is applied to the request. The translation is represented within two months after receipt in the expert organization of the request containing documents in other language, and on condition of the corresponding payment term is prolonged, but no more than for two months.
Other documents and their translations into the Kazakh or Russian languages if they are constituted in other language, are represented in one copy.
6. The application form is filled in as follows:
1) in case of impossibility of complete placement in the corresponding graphs, data are provided in the same form on additional leaf with indication of in the corresponding column of the statement: "watch Appendix to the statement" (in the corresponding cage of the column "The List of the Enclosed Documents" the sign "X" is put down);
2) columns under codes 21, of 22, 85 are intended for filling with the expert organization after receipt of the request and are not filled in with the applicant;
3) columns under codes 86 and 87 are filled in with the applicant in case of transfer to national phase in the Republic of Kazakhstan of the international request containing specifying of the Republic of Kazakhstan, and the column under codes 96 and 97 - in case of transformation of the Eurasian request to the national request of the Republic of Kazakhstan.
In the graph under code 86 in the corresponding cage the sign "X" is put down and the registration number of the international request, date of the international giving established by the receiving department are provided.
Number and date of the international publication of the international request are provided in the graph under code 87.
The registration number of the Eurasian request and date of its giving established by the receiving department are provided in the graph under code 96.
Number and date of the publication of the Eurasian request is provided in the graph under code 97;
4) in the graph under code 71, containing request for extradition of the patent for the invention, after the words "addressed to the applicant (applicants)" the information about the applicant (applicants) addressed to whom, (which) the patent is asked is provided: the surname, name, middle name (in case of its availability) (further - full name) physical person, and surname is specified before name, or the full official name of the legal entity according to the document on official registration (for residents of the Republic of Kazakhstan), and also according to data on their residence, the location, including the official name of the country and the complete postal address. Foreign names and names of legal entities are specified as well in transliteration on Kazakh or Russian. Data on residence of the applicants who are inventors are provided in the graph near the column under code 72 on the second page of the statement;
5) the column for establishment of priority, is filled in in case of purchase of priority earlier, than date of application in the expert organization. Prostanovka of the sign "X" in the corresponding cages notes the bases for purchase of priority and are specified requisition number based on which or additional materials to which the priority, and date of the asked priority is asked (date of application or additional materials to it).
In case of priority purchase based on several requests, numbers of all requests and date of the asked priority are specified. In case of purchase of conventional priority the country code of submission of the first request according to the VOIS ST.3 standard is specified;
6) the name of the declared invention (group of inventions) which shall match the name provided in the description of the invention is provided in the graph under code 54;
7) are given the complete postal address in the territory of the Republic of Kazakhstan in the column "the address for correspondence" and name or the name of the addressee which shall meet regular requirements of bystry post delivery. As the address for correspondence the residential address of the applicant (one of applicants) - the physical person living in the Republic of Kazakhstan or the location address in the Republic of Kazakhstan of the applicant - the legal entity, either the address of the location of the representative of the applicant (applicants), or other address in the territory of the Republic of Kazakhstan is specified;
8) the information about the representative of the applicant (applicants), including the patent agent (patent agents) is provided in the graph under code 74. In case of appointment of the patent agent before application its surname, name and middle name (if it is available), the registration room in authorized body, the residential address, phone number, the fax are entered (if they are available). In case of the appointed representative full names for physical person and the official name for the legal entity, the residential address (locations) in the Republic of Kazakhstan, phone number, the fax and the e-mail address (e-mail) (are specified in case of its availability);
9) the column "The List of the Enclosed Documents" on the second page of the statement is filled in by prostanovka of the sign "X" in the corresponding cages and instructions of number of copies and sheets in each copy of the enclosed documents. For the enclosed documents which type is not provided by the application form ("other document") it is specified their appointment is specific;
10) in the graph under code 72 the information about the author (authors) of full name, is provided in the graph near the column under code 72 - the complete postal address of residence, for foreigners only the country code according to the VOIS ST.3 standard is specified;
11) in the column located to the right of the column under code 72, the signature of the author and date is provided in that case when the author is applicant.
In case of the death of the author before application the signature of the heir and date is put down. It is not required submit any official documents confirming the right to inheritance, to stages of application;
12) the column located directly under the column having code 72, is filled in only when the author (authors) asks (ask) not to mention it as that data on patent grant, (those) in case of the publication. In this case the full name of each of the authors who did not wish to be mentioned in case of the publication, and their signature are given;
13) filling of the columns of the statement specified in subitems 10-11) of this Item of Rules is replaced with representation along with the statement of the documents containing the data and signatures provided by these graphs;
14) filling of the last column of the statement "Signature" surely when the applicant specifies person who is not the author. On behalf of the legal entity the application is signed by the head of the organization or the other person authorized on it by constituent documents of the legal entity with indication of its position; the signature is sealed this legal entity. If it is several applicants, the application is signed by each of applicants.
In case of application through the patent agent the application is signed by the patent agent;
16) each additional leaf (appendix to the statement) on which these or those data relating to the statement are provided is signed in the same procedure;
17) the statement and appendices to it shall not contain corrections and erasures. In case of availability of the specified shortcomings correctly issued application or appendix to it is requested.
7. The application for the invention is submitted for the technical solution in any area relating to product, method, and also application of the known product or method on new appointment or new product on certain appointment.
Product as subject of the invention is, in particular, the device, substance, biotechnological product, including microorganism strain, culture of cages of plants or animals whom treat:
1) as to subjects of the invention designs and products belong to devices. For the characteristic of devices the following signs are used:
availability constructive (constructive) element (elements);
communication availability between elements;
relative positioning of elements;
form of accomplishment of element (elements) or device in general;
form of accomplishment of communication between elements;
parameters and other characteristics of element (elements) and their interrelation;
material of which it is made element (elements) or the device in general;
the environment performing function of element;
2) as to subjects of the invention treat substances:
compositions (structures, mixes);
products of nuclear transformation.
For the characteristic of chemical compounds the following signs are used:
for low-molecular connections with the established structure - high-quality structure (atoms of certain elements), quantitative structure (number of atoms of each element), communication between atoms and their relative positioning in molecule expressed by chemical structural formula;
for high-molecular connections with the established structure - structural formula of elementary link of macromolecule (links and their combinations), structure of macromolecule in general (linear, branched), quantity of elementary links or molecular mass, molecular-mass distribution, geometry and stereometry of macromolecule, its trailer and side groups, for copolymers - in addition ratio of comonomer links and their frequency;
for connections with unspecified structure - the physical and chemical and other characteristics (including obtaining method signs) allowing to distinguish this connection from others.
For the characteristic of compositions the following signs are used:
high-quality structure (availability of ingredients);
quantitative structure (content of ingredients);
structure of composition;
structure of ingredients.
For the characteristic of compositions of unidentified structure their physical and chemical, physical and utilitarian indicators and signs of method of obtaining are used.
For the characteristic of the substances received by nuclear transformation the following signs are used:
high-quality (isotope (isotopes) of element) and quantitative (number of protons and neutrons) structures;
main nuclear characteristics: half-life period, type and radiation energy (for radioactive isotopes);
1) the products allocated from their natural environment or received by different ways belong to biotechnological products as to subjects of the invention.
As subjects of inventions treat biotechnological products:
live objects, in particular plants, animal, except the objects specified in Item 2 of Article 2 and Item 3 of article 6 of the Law and microorganisms, cages of plants and animals and other elements allocated from organisms of plants and animals or received by different ways, strains of microorganisms of culture of cages of plants or animals;
lifeless objects, in particular hormones, tsitokina, enzymes, anti-genes, antibodies, the sequences of nucleinic acids, plasmids, vectors, etc. allocated from plants, animals or microorganisms or received by different ways.
For the characteristic of plants and animals the following signs are used:
origin and method of obtaining;
features of genotype and/or phenotype;
features of genetic design which the plant or animal contains;
features of structural elements of plant or animal;
data on useful substance which produces plant or animal, and productivity level;
features of reproduction;
stability of preserving useful property.
For the characteristic of strains of microorganisms, cultures of cages of plants or animals the following signs are used:
origin (obtaining source, strain family tree, characteristic of initial or parent strains);
molecular and biological signs;
marker signs (genetic, immunological, biochemical, physiological);
onkogennost (for strains and cages of medical and veterinary appointment);
data on contamination;
biotechnical characteristics: the name and properties of the useful substance produced by strain or culture, the level of activity (productivity) and methods of its determination;
data on stability of preserving useful property in case of long cultivation;
virulence, immunogenicity, anti-gene structure, sensitivity to antibiotics, antagonistic properties (for strains and cultures of medical and veterinary appointment);
features of reproduction;
the principle of hybridization (for strains of hybrid microorganisms);
data on cryopreservation.
For the characteristic of cultures of cages of plants or animals the following signs are in addition used:
number of passages;
growth (kinetic) characteristics;
the characteristic of cultivation in animal organism (for hybrids);
capability to morphogenesis (for cages of plants).
For the characteristic of consortia of microorganisms, cages of plants or animals, in addition to the listed above signs, are used, the following signs:
factors and conditions of adaptation and selection;
ratio and substitutability of individual components;
kulturalno-morphological, cytologic, fiziologo-biochemical and other signs of individual components;
stability and/or competitiveness;
physiological features of consortium in general.
For the characteristic of the biotechnological products relating to lifeless objects the following signs are used:
for products with the established or partially established structure - structural formula or features of structure, including the sequence of nucleotides for nucleinic acids, the sequence of amino acids for proteins, polypeptides, peptides, availability and procedure for arrangement of components, including the regulatory and coding areas, the websites and markers for plasmids, vectors, genetic designs, recombinant and hybrid molecules;
for products with unspecified structure physical and chemical and other properties, including the signs of method of obtaining allowing to identify these products in particular to distinguish them from other known products.
For all biotechnological products the function performed by them or type of activity and origin are specified;
4) method as subject of the invention is process of accomplishment of actions over material object by means of material objects.
For the characteristic of method the following signs are used:
availability of action or set of actions;
procedure for accomplishment of such actions in time (it is consecutive, at the same time, in various combinations and so forth);
conditions of implementation of actions, mode;
use of substances (initial raw materials, reagents, catalysts and so on), devices (devices, tools, equipment and so on), strains of microorganisms, cultures of cages of plants or animals;
5) their use according to other predistination belongs to application of the known product or method on new appointment as to subject of the invention;
6) the first use of substances (natural and artificially received) for satisfaction of public requirement, that is establishment of utilitarian purpose of natural substances, the substances received in experiment, production wastes and so on for which such appointment was not determined belongs to application on new appointment.
For the characteristic of application known before product or method, for new appointment or applications of new product the short characteristic of the applied object sufficient for its identification, and specifying of this new appointment is used for certain designated purpose.
8. The description of the invention opens the invention with the completeness sufficient for its implementation by the specialist in the corresponding knowledge domain.
9. The description begins with the name of the invention which in case of application in Russian is specified also in Kazakh and contains the following Sections:
area of the equipment to which the invention belongs;
essence of the invention;
the list of figures of drawings and other materials (if they are applied);
the data confirming possibility of implementation of the invention.
Replacement of the Section of the description with sending is not allowed to source which contains necessary data (to the reference, the description in earlier submitted application, to the description to the security document).
10. The name of the invention characterizes its appointment and is exact and short. In the name of the invention the words "patent", personal names, familiar names, advertizing or trade names, trademarks or abbreviations and terms which do not serve the purposes of identification of the invention shall not be worked.
The name of the invention is stated in singular. The exception is constituted by names which are not used in singular, or names of the inventions relating to the chemical compounds covered by general structural formula.
The name of the invention relating to chemical compound joins its name on one of the nomenclatures accepted in chemistry or the name of group (class) to which it concerns, is also provided specifying on specific purpose of connection.
The name of the invention relating to method of receipt of substance - mix of unidentified structure, joins specifying on its purpose or type of biological activity of this substance.
For biologically active agents specifying by sight of biological activity, and for biotechnological products - on the carried-out function is given.
Join in the name of the invention relating to microorganism strain patrimonial and specific (according to requirements of the international nomenclature) the name of biological object in Latin with indication of purpose of strain.
The name of the invention relating to culture of cages of plants or animals joins the name of culture of cages and appointment.
The name of the invention relating to application on new purpose of the known product or method and also new product on certain appointment is constituted by the rules accepted for the corresponding object and characterizes its appointment. The name of group of the inventions relating to objects, one of which is intended for obtaining (production), implementation or use of another, contains the complete name of one invention and reduced - another. The name of group of the inventions relating to objects, one of which is held for use in another, contains complete names of the inventions entering into group.
The name of group of the inventions relating to options contains the name of one invention of group added with the word "options" specified in brackets.
11. In the Section of the description "The area of the equipment to which the invention belongs" is specified invention scope if it is several such areas, preferential are specified.
1) data on invention analogs known to the applicant with allocation from them of analog, the closest to the invention on set of essential signs (prototype);
2) as analog of the invention the means of the same appointment known from the data which became public before priority date of the invention characterized by the set of signs similar to set of essential signs of the invention is specified;
3) in case of the description of each of analogs directly bibliographic data of source of information in which he is revealed, the signs characterizing analog with allocation of those which match essential signs of the declared invention are provided in the text, and also the reasons known to the applicant interfering receipt of required technical result are specified;
4) if the invention belongs to method of receipt of mix of unidentified structure with specific appointment or type of biological activity, as analog the method of receipt of mix with the same appointment or the same biological activity is specified;
5) if the invention belongs to method of receipt of new chemical compound data on method of receipt of its known structural analog are provided;
6) in case of the description of analogs of the invention relating to biotechnological product data on the known products with the same function are provided;
7) in case of the description of the closest analog of the invention relating to microorganism strain, culture of cages of plants or animals - to substance producer, data on the known producer of this substance and on the produced substance are provided;
8) if the invention belongs to application of the known product or method on new appointment or product on certain appointment, then the known products or methods of the same appointment belong to its analogs;
9) in case of the description of group of inventions of the data on analogs are given for each invention separately.
13. The Section of the description "Essence of the invention" includes the following:
1) in the Section "Essence of the Invention" the essence of the invention expressed in total essential signs, sufficient for achievement of the technical result provided with the invention reveals;
2) signs, belong to essential if they influence the achieved technical result, that is are in cause and effect relationship with the specified result;
3) the task to which solution the declared invention, with indication of technical result which is received when implementing the invention is directed in detail reveals;
4) all essential signs, characterizing the invention are given, signs, distinctive from the closest analog are allocated, at the same time the set of signs providing technical result in all cases to which the asked amount of legal protection, and signs characterizing the invention only in special cases, in specific forms of accomplishment or under special conditions of its use extends is specified;
5) replacement of the characteristic of sign with sending is not allowed to information source in which this sign is opened;
6) the technical result represents the characteristic of technical effect, property, the phenomenon which are received when implementing (production) or using the means realized in the invention;
7) if the invention provides several technical results (including in specific forms of its accomplishment or under special conditions of use), it is recommended to specify them;
8) the technical result is expressed in reduction of torque, in decrease in coefficient of friction, in prevention of jamming, decrease in vibration, increase in antineoplastic activity, localization of effect of medicine, in elimination of defects of structure of casting, in improvement of contact of working body with environment, in decrease in infiltration of liquid, in wettability improvement, in prevention of cracking.
The received result is not considered having technical nature, in particular, if it:
it is shown only owing to features of perception of the person with participation of his mind;
it is reached only thanks to observance of certain procedure when implementing these or those types of activity on the basis of the arrangement between her participants or statutory rules;
consists only in receipt of this or that information and it is reached only thanks to application of mathematical method, the program for the electronic computer or the algorithm used in it;
it is caused only by features of semantic contents of information provided in this or that form on any carrier;
consists in entertaining and staginess;
9) if during creation of the invention the problem only of expansion of arsenal of technical means of certain appointment or receipt of such means for the first time is solved, the technical result consists in realization of this appointment (in creation of the means realizing this appointment), and its special specifying is not required, it is enough to give only explanations that the offered invention expands arsenal of means of the same appointment;
10) for group of inventions the specified data including about technical result, are brought for each invention separately;
11) in case of the description of each strain of microorganism, culture of cages of plants or animals signs in which object differs from initial or closely related strains are in addition specified;
12) the sequence of nucleotides or amino acids in case of its use for the characteristic of the invention, is presented by specifying of number of the sequence in the list of the sequences in form "SEQ ID NO" with reduction of the corresponding free text if the characteristic of the sequence in the list of the sequences is this with use of such text;
13) in case of the description of the invention relating to application of the known product or method on new appointment, the characteristic of this known object and bibliographic data of source of information in which it is described are provided, its known and new appointments are specified; if the invention is characterized in the form of application of new product on certain appointment except signs of the applied object and appointment data on its properties which caused such appointment are provided.
14. Except the list of figures, short specifying on what is represented on each of them is given in the Section "List of Figures of Drawings and Other Materials". If other materials explaining essence of the invention are provided the short explanation of their content is provided.
15. In the Section "The Data Confirming Possibility of Implementation of the Invention" the possibility of implementation of the invention with realization of the appointment specified by the applicant and possibility of receipt of the technical result specified in the Section "Essence of the Invention" reveals.
The possibility of implementation of the invention which essence is characterized with use of the sign expressed by general concept, in particular, provided at the level of functional generalization proves to be true or the description is direct in materials of the request of means for realization of such sign or methods of its obtaining, or specifying on popularity of such means or methods of its obtaining.
When using for the characteristic of the invention of the quantitative signs expressed as interval of values it is specified possibility of receipt of technical result in this interval.
16. In the data confirming possibility of implementation of the invention relating to the device the description of its design is provided in static condition with references to figures of drawings. Digital designations of structural elements in the description shall correspond to their digital designations on drawing figure in full.
After the description of design of the device its action (work) or method of use with references to figures of drawings, and if necessary - on other explaining materials is described (epyura, temporary charts and so on).
If the device contains the element characterized at the functional level, and the described form of realization assumes use of the programmable (adjusted) multipurpose means, then the data confirming possibility of accomplishment with such means of the specific function ordered it as a part of this device are represented. If among such data the algorithm is given, in particular, computing, it is preferable to present it in the form of the flowchart, or if it is possible, the corresponding mathematical expression.
17. The data confirming possibility of implementation of the invention relating to substance:
1) for the invention relating to chemical compound with the established structure are given the structural formula proved by the known methods, physical and chemical constants, the method by which connection is received is described, and the possibility of use of the invention on the specified appointment is shown. For biologically active connection also indicators of quantity characteristics of activity and toxicity, and in case of need - selectivities of action and other indicators are given;
2) if the invention belongs to means for treatment, diagnostics or prevention of certain condition or disease of people or animals, are provided in the description, in particular data on influence of this funds for certain links of physiological or pathological processes or on communication with them;
3) if new chemical compound is received with use of strain of microorganism, culture of cages of plants or animals, data on biosynthesis method with participation of this strain, culture of cages, data on them and data on deposition are provided;
4) if the invention concerns to group (row) of chemical compounds, with the established structure, described by general structural formula, the possibility of receipt of all connections of group (row) by reduction of the general scheme of method of obtaining, and also example of receipt of specific connection of group (row) proves to be true and if the group (row) includes connections with radicals, different in the chemical nature, - the examples sufficient for confirmation of possibility of receipt of connections with these different radicals;
5) for the received connections also their structural formulas confirmed with the known methods, physical and chemical constants, proofs of sales opportunity of the specified appointment with confirmation of such opportunity concerning some connections with radicals, different in the chemical nature, are given;
6) if the invention belongs to intermediate connection, also the possibility of its conversion in the known end product, or possibility of obtaining from it new end product with specific appointment or biological activity is shown;
7) for the inventions relating to new chemical compound with unspecified structure or mixes of unidentified structure and/or structure are specified this, necessary for difference of this connection or mix from others. Data on initial reagents for receipt of connections or mixes, and also the data confirming sales opportunity of the purpose of those connections or mixes specified by the applicant, in particular, data on the properties causing such appointment are provided;
8) if the invention belongs to composition (mix, solution, alloy, glass and so forth), examples in which the ingredients which are part of composition, their characteristic and quantitative ratio are specified are given. The method of receipt of composition and if it contains new substance in quality of ingredient is described, the method of its obtaining is described;
9) in the given examples content of each ingredient is specified in such single value which is in limits of the invention of interval of values specified in formula (in case of expression of quantitative ratio of ingredients in invention formula as a percentage (on weight or on amount) total content of all ingredients specified in example equals 100%).
18. The data confirming possibility of implementation of the invention relating to biotechnological product (to live object):
1) for the invention relating to plant or animal the origin of plant or animal and method of their obtaining reveals, and also the possibility of its use on the declared appointment and availability at plant or animal that useful property for the sake of which receipt of this plant or animal was performed proves to be true; the signs allowing to identify plant or animal are given. The same requirements are imposed to posterity of plant or animal, and also to their separate parts (elements);
2) if task during creation of plant or animal is obtaining with its help of any product (substance), then data, confirmatory are provided that such product (such substance) were really received and have the set properties. If necessary data on productivity level are provided;
3) for the invention relating to microorganism strain, nomenclature data and origin of strain, data on quantitative and high-quality compositions of nutrient mediums (sowing and fermentative), cultivation conditions (temperature, rn, specific mass transfer, illumination and so on), fermentation time, the characteristic of biosynthesis, useful (target) products, about product yield, level of activity (productivity) and methods of its determination (testing) are specified to culture of cages of plants or animals. The method of allocation and cleaning of target products reveals (for producers of new target products, for example, of antibiotics, enzymes, monoclonal antibodies and so on);
4) for consortia of microorganisms, cages of plants or animals the following data are specified: method of verification of presence of components, method of allocation (selection) and signs on which selection, stability of consortium as such was conducted in case of long cultivation, resistance to infection with foreign microorganisms;
5) possibility of implementation of the invention relating to microorganism strain, culture of cages of plants or animals or to method in which it is used, confirmed by the description of method of receipt of strain, culture of cages of plants or animals submission of data on deposition (the name of collection depositary and the registration number assigned by collection to deposited object) which date shall precede priority date of the invention;
6) deposition for the purposes of the patent procedure is considered performed if the microorganism strain, culture of cages of plants or animals, consortium is placed in the international or Kazakhstan collection guaranteeing maintenance of viability of object during, at least, effective period of the patent.
19. The data confirming possibility of implementation of the invention relating to biotechnological product (to lifeless object):
1) for all biotechnological products the function performed by them or type of activity, origin are specified, the method by which these products are received reveals, and the possibility of their use on the declared appointment proves to be true;
2) for products with the established or partially established structure, besides, the structural formula or features of structure, including, the sequence of nucleotides for nucleinic acids, the sequence of amino acids for proteins, polypeptides, peptides, availability and procedure for arrangement of components, including the regulatory and coding areas, the websites and markers for plasmids, vectors, genetic designs, recombinant and hybrid molecules are given;
3) for products with unspecified structure the feature set allowing to identify them in particular is given to distinguish from other known products;
4) for monoclonal antibodies data on method of their obtaining are provided, in particular, about the hybridoma producing antibodies including, the certificate on its deposition is submitted. For products of medical and veterinary appointment data on toxicity, pirogennost, contraindications or other restrictions are provided;
5) if the invention concerns to group of the new products having general structural element (elements) the possibility of receipt of the products entering into group by disclosure of general method of their obtaining, and also representation of examples of receipt of specific connections of group proves to be true. In particular, if the invention belongs to nucleinic acid or protein (to polypeptide, peptide) with certain sequence of nucleotides or amino acids, and also data on localization of such inserts, deletion and replacements with indication of products which at the same time are formed are provided to their options which are formed as a result of inserts, deletion or replacements of nucleotides or amino acids, and proves to be true that the products received thus will have the same type of activity and similar function, as initial product;
6) for gibridizuyushchikhsya the sequences of nucleinic acids conditions of hybridization and extent (percent) of hybridization are specified. At the same time the method of assessment of extent of hybridization reveals, examples of the specific sequences which in the specified degree gibridizutsya with initial, and the data confirming functional features of such sequences are given;
7) for the homologous and complementary sequences of nucleinic acids, proteins, polypeptides and peptides degree (percent) of homology or complementarity is specified. At the same time the method of assessment of degree of homology or complementarity also reveals, examples of the specific sequences which in the specified degree are homologous or complementary initial, and the data confirming functional features of such sequences are given;
8) for the group of inventions including intermediate and final products the obtaining method from the specified intermediate product of end product with certain properties and type of activity reveals.
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