ORDER OF THE STATE PATENT AUTHORITY OF THE REPUBLIC OF UZBEKISTAN

of February 2, 2004 No. 9

About approval of Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on the invention

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

1. Approve Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on the invention according to appendix.

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

3. From the effective date these rules to consider invalid Corrected the creation of the request for patent grant, the provisional patent of the Republic of Uzbekistan on the invention approved by the Chairman of GKNT of 15.08.1997 (reg. No. 365 of 10.09.1997)

To impose control over execution of this order on the first deputy director Yermolaeva V. V.

Approved by the Order of the director of the State patent authority of the Republic of Uzbekistan of February 02, 2004 No. 9

Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on the invention

These rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan for the invention (further - Rules) are developed according to the Law of the Republic of Uzbekistan "About inventions, useful models and industrial designs" and determine procedure for creation, giving and consideration of the request for patent grant for the invention.

List of reducings

Law - The law of the Republic of Uzbekistan "About inventions, useful models, industrial designs".

The ministry - the Ministry of Justice of the Republic of Uzbekistan.

Public institution - public institution "Center of intellectual property" under the Ministry of Justice of the Republic of Uzbekistan.

The request - the request for patent grant for the invention.

Parisian convention - The Parisian convention on protection of industrial property, in the edition operating for the Republic of Uzbekistan.

The conventional request - the application submitted according to the Parisian convention on protection of industrial property.

MPK - International patent classification.

VOIS - World Intellectual Property Organization.

RUTI - Agreement on patent cooperation.

Instruction - The instruction to the Agreement on patent cooperation.

VOIS MB - VOIS international bureau.

The international request - the international request for the invention.

National phase - consideration of the international request according to the Law of the Republic of Uzbekistan "About inventions, useful models and industrial designs".

Chapter I. Creation and application for patent grant for the invention. Persons having the right to application

§1. Request for patent grant for the invention

1. According to article 6 of the Law legal protection is provided to the object declared as the invention if it is new, has inventive level and is industrially applicable.

The invention is new if it is not known from equipment level.

The invention has inventive level if it explicitly does not follow from equipment level.

Level of the equipment includes any data which became public in the world before priority date of the invention.

The invention is industrially applicable if it can be used in the industry, agricultural industry, health care and other fields of activity.

2. According to part eight of article 6 of the Law as the invention the technical solution in any area relating to product or method is recognized.

a) Subject of the invention - product.

The device, substance, microorganism strain, culture of cages of plants or animals belong to product as the invention, in particular.

The designs, products which are structural elements or set of structural elements and being in functional and constructive unity belong to devices.

Machines, devices, devices, the equipment, the tool, fasteners, details of machines, means of communication, building constructions, etc. belong to devices.

Treat substances:

chemical compounds to which high-molecular connections and products of genetic engineering are also conditionally referred: recombinant nucleinic acids, vectors, etc.;

compositions (structures, mixes, alloys, solutions, etc.);

products of nuclear transformation.

To microorganism strains, cultures (lines) of cages of plants or animals, belong:

strains of bacteria, viruses, bacteriophages, microseaweed, microscopic mushrooms, etc.;

cultures (line) of cages of plants or animals, including clones of cages;

consortia of microorganisms, cultures (line) of cages of plants or animals;

genetic designs to which plasmids, vectors, steadily transformed cages of microorganisms, plants and animals, transgene plants and animals belong, in particular.

b) Subject of the invention - method.

Process of accomplishment of the interconnected actions over material object by means of appliances belongs to method.

3. Are not recognized inventions:

scientific theories and mathematical methods;

methods of the organization and management;

symbols, schedules, rules;

rules and methods of accomplishment of intellectual transactions;

algorithms and programs for electronic computers;

projects and schemes of the layout of buildings, constructions, territories;

the decisions concerning only appearance of products, directed to satisfaction of esthetic requirements;

topology of integrated chips;

plant varieties and breeds of animals;

the decisions contradicting public concerns, the principles of humanity and morals.

4. According to part one of article 15 of the Law the request shall belong to one invention or group of the inventions connected among themselves so that they form single inventive plan (the requirement of unity of the invention).

The unity of the invention is recognized observed if:

in formula of the invention one invention is characterized;

in formula of the invention the group of inventions is characterized:

one type (several devices, several types, etc.) relating to objects, the identical appointment providing the same technical result in essentially same way (options);

one of which is intended for obtaining (production) of another (for example, the device or substance and method of obtaining (production) of the device or substance in general or their parts);

one of which is intended for implementation of another (for example, method and the device for implementation of method in general or one of its actions);

one of which held for use another (in another) (for example, method and substance, held for use in method; method or device and its part; use of the device or substance on new appointment and method with their use in connection therewith appointment; use of the device or substance on new appointment and the device or composition which component they are).

§2. Contents of the request

5. According to part two of article 15 of the Law the request shall contain:

a) the petition with indication of the author (coauthors) of the invention and person addressed to whom the patent (further the applicant), and also their residences or the location (Appendix 1) is asked;

b) the description of the invention revealing him with the completeness sufficient for implementation;

c) the invention formula which is expressing it essence and completely matching the description;

d) drawings and other materials if they are necessary for understanding of essence of the invention;

e) paper of the invention.

6. The document confirming payment of patent fee in the established size or the document confirming the bases for exemption of patent fee or for reduction of its size is attached to the request for patent grant.

7. The power of attorney issued by the applicant, or properly drawn up copy of the power of attorney is attached to the application submitted through the patent agent or through other authorized representative.

8. With purchase of conventional priority (further - the conventional request) the verified copy of the first application submitted by the applicant in other state the participant of the Parisian convention (further - the first request), and the translation of this request on Uzbek or Russian which are represented no later than three months from receipt date of the conventional request to the Ministry is attached to the request.

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 are applied to the request:

the document on payment of patent fee in the established size for prolongation of term of purchase of conventional priority;

the document with indication of the circumstances which are not depending on the applicant prevented application in the specified twelve-monthly time and confirmation of availability of these circumstances if there are no bases to believe that they are known to the Ministry.

9. The request for establishment of conventional priority can be submitted in case of application (it is provided in the corresponding column of the petition) or within two months from receipt date of the request in the Ministry.

10. The document on deposition of strain in officially the collection authorized on it - depositaries is attached to the request relating to new strain of microorganism, the line of cages of plants or animals, their obtaining or use.

11. The machine-readable carrier (diskette) of information (further - MChN) with record of the copy of the same list meeting requirements of the VOIS ST standard is applied to the request containing list of the sequences of nucleotides and/or amino acids. 25, 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.

12. The documents of the request specified in item 5 of these rules, constituted on Uzbek or Russian, are represented in triplicate: 2 copies on paper, as third can be provided copy in electronic form on the machine-readable data carrier.

The same documents if they are constituted in other language, are represented in one copy, and their translation on Uzbek or Russian - in triplicate: 2 copies on paper, third can be provided in electron type.

Substantial part of documents of the request or additional materials on paper and on MChN shall be identical. Responsibility for identity of materials on paper and on MChN is born by the applicant.

Other documents and their translation on Uzbek or Russian if they are constituted in other language, are represented in one copy.

13. The petition is submitted on Uzbek or Russian in the form given in appendix 1 to these rules. If no data can be placed completely in the corresponding graphs, then they are given in the same form on additional leaf with indication of in the corresponding column of the statement: "see continuation on additional leaf".

Foreign names and names of the companies are specified in the Uzbek and Russian transliteration.

The name of the applicant, the name of the invention are represented in the Uzbek and Russian languages.

The other documents of the request enclosed to the application are represented on Uzbek, Russian or other languages.

If documents of the request are submitted in other language, then their translation on Uzbek or Russian which can be provided within two months from the date of application to the Ministry is applied to the request.

14. Graphs of the statement, under codes (21), (22) and (85), are intended for introduction of details after receipt in the Ministry and are not filled with the applicant.

15. The address for correspondence, name or the name of the addressee which shall meet regular requirements of bystry post delivery, and phone number, the fax, e-mail is given in the column "The Address for Correspondence" (if they are available).

As the address for correspondence can be specified, in particular, the residential address of the applicant (one of applicants) - the physical person living in the Republic of Uzbekistan or the location address in the Republic of Uzbekistan of the applicant - the legal entity, or the location of the patent agent registered in the Ministry or other authorized representative.

In case of absence in the statement of the address for correspondence by that the address of the location of the patent agent or other authorized representative is considered if they are appointed, and otherwise - in the presence of the address in the territory of the Republic of Uzbekistan, in the graphs of the statement belonging to the information about the applicant - the applicant's address (if applicants a little - the first of such addresses).

15-1. Graphs under codes (86) and (87) are filled with the applicant in case of transfer to national phase in the Republic of Uzbekistan of the international application for the invention submitted according to the Agreement on patent cooperation (RUTI).

In the graph under code (86) registration number of the international request for the invention and the date of the international giving established by the receiving department are provided.

In the graph under code (87) number and date of the international publication of the international request for the invention are provided.

16. In the graph under code (54) "The name of the invention" is provided the name of the declared invention (group of inventions) which shall match the name provided in the description of the invention".

17. In the graph under code (71) "Applicant" the information about the applicant (applicants) is provided: the surname, name (middle name) of physical person, and surname is specified before name, or the official name of the legal entity (according to the constituent document), and also data on their residence respectively or the location, including the official name of the country and the complete postal address and country code according to the VOIS ST.3 standard (if it is established).

If it is several applicants, then the specified data are provided for each of them.

Place of residence of the applicants who are inventors is not given in this column, and stated in the graph under code (72) "Author(s)" of the statement.

In the same column prostanovky the sign "X" in the corresponding cage it is noted whether the applicant is physical person or legal entity, and also the inventor, the employer of the author or the legal successor of the author or the employer of the author.

For the companies, the organizations of the Republic of Uzbekistan addressed to which the patent is asked the RCBO code is specified.

For the foreign legal entities or physical persons living outside the Republic of Uzbekistan addressed to which the patent is asked the country code according to the VOIS ST.3 standard is specified (if it is established).

18. The column containing request for establishment of priority is filled in in case the priority earlier, than date of application in the Ministry is asked.

In this case the prostanovka of the sign "X" in the corresponding cages notes the bases for purchase of priority and are specified: numbers of earlier requests to which based on which or additional materials the priority, and dates of the asked priority is asked (dates of submission of earlier requests or additional materials according to them).

In case of purchase of conventional priority under code (33) the country code of submission of the first request according to the VOIS ST.3 standard is specified.

19. In the graph under code (74) "Patent agent" which is filled in case before application the patent agent is appointed the applicant the information about him is provided: surname, name (middle name), the registration room in the Ministry, residence in the Republic of Uzbekistan, phone numbers, the fax, e-mail (if they are available).

20. The column "The List of the Enclosed Documents" 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.

In the presence in the description of the invention of the Section "List of the Sequences of Nucleotides and/or Amino Acids" in the corresponding column the number of sheets of the list is specified.

For the enclosed documents which type is not provided by the application form ("other document") it is specified their appointment is specific.

In the presence in the request MChN (diskette) with record of the copy of the list of the sequences of nucleotides and amino acids and statements, stipulated in Item 11 these rules, in the column "other document" "Diskette" is specified.

21. In graphs under code (72) "Author" and "The complete home address" the information about the author (authors) of the invention is provided: surname, name (middle name), the complete postal address of residence including the name of the country and its code according to the VOIS ST.3 standard.

22. The column located directly under the columns "Author" and "Complete Home Address" is filled in when the author (authors) asks (ask) not to mention him as that data on patent grant, (those) in case of the publication. In this case the surname, name (middle name) of each of the authors who wished not to be mentioned in case of the publication, and their signature are given.

23. Filling of the last column of the statement "Signature" with indication of signature date surely in all cases.

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

In case of application through the patent agent or the authorized representative, the application is signed by the applicant or the patent agent or the authorized representative.

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

In case of reduction of these or those data requiring the signature on additional leaf, it is signed in the same procedure.

Availability of the signature of the applicant, person or patent agent or authorized representative is obligatory on each additional leaf.

24. The description of the invention shall open the invention with the completeness sufficient for its implementation.

25. The description begins with specifying of the name of the invention (and in case of establishment of heading of the current version of MPK to which the declared invention belongs, the index of this heading is given before the name) and contains the following Sections:

area of the equipment to which the invention belongs;

equipment level;

disclosure of the invention;

the short description of the list of figures of drawings and other materials if they contain in the request;

the data confirming possibility of implementation of the invention;

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