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

the request - the request for patent grant for useful model;

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.

MChN - the machine-readable carrier.

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

§ 1. Request for patent grant for useful model

1. According to article 7 of the Law legal protection is provided to the object declared as useful model if it is new and is industrially applicable.

The useful model is new if set of its essential signs is not known from equipment level.

Level of the equipment includes everything the data on means of the same appointment which became public in the Republic of Uzbekistan, as the declared useful model, and also data on their application.

The useful model is industrially applicable if it can be almost used.

2. According to part six of article 7 of the Law as useful model the technical solution in any area relating to product or method is recognized.

a) Object of useful model - product.

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

The designs, products which are structural elements or set of structural elements and being in functional and constructive unity (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, 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) Object of useful model - method.

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

3. Are not recognized useful models:

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 16 of the Law the request shall belong to one useful model or group of the useful models connected among themselves so that they form single creative plan (the requirement of unity of useful model).

The unity of useful model is recognized observed if:

in formula of useful model one useful model is characterized;

in formula of useful model the group of useful models 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) 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 another (for example, method and the device for implementation of method in general or one of its actions);

one of which is held for use another (in another) (for example, method and substance, held for use in method; method or device and its part).

§ 2. Contents of the request

5. According to part two of article 16 of the Law the request shall contain:

a) the petition with indication of the author (coauthors) of useful model 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 useful model opening it with the completeness sufficient for implementation;

c) the formula of useful model which is expressing it essence and completely matching the description;

d) drawings and other materials if they are necessary for understanding of essence of useful model;

e) paper of useful model.

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 - 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 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.

11. 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 (in case of opportunity), the name of useful model 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.

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

13. 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 several the first of such addresses).

13-1. Graphs under codes (86) and (87) are filled with the applicant in case of transition to national stage in the Republic of Uzbekistan of the international request for useful model submitted according to the Agreement on patent cooperation (RUTI).

In the graph under code (86) registration number of the international request for useful model 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 useful model are provided".

14. In the graph under code (54) "The name of useful model" is provided the name of the declared useful model (group of useful models) which shall match the name provided in the description of useful model and to conform to requirements of Item 24 of these rules.

15. 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 authors of useful model 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 author of useful model, 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 the RCBO code is specified.

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

16. 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).

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