It is registered
Ministry of Justice
Republic of Uzbekistan
On May 20, 2004 No. 1361
of April 21, 2004 No. 22
About approval of Rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan on industrial design
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 industrial design" according to appendix.
2. From the effective date these rules to consider invalid "Rules of creation of the request for patent grant, the provisional patent of the Republic of Uzbekistan on industrial design", GKNT of 15.08.1997 approved by the Chairman (reg. N 367 of 10.09.1997)
A. A. Azimov
Approved by the Order of the director of the State patent authority of the Republic of Uzbekistan of April 21, 2004 No. 22
These rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan for industrial design (further Governed) 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 industrial design.
List of reducings
Law - The law of the Republic of Uzbekistan "About inventions, useful models and industrial designs".
The ministry - the Ministry of Justice of the Republic of Uzbekistan.
Appeal council - Appeal council for pre-judicial consideration of the appeals connected with legal protection of intellectual property items under 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 industrial design.
MKPO - International classification of industrial designs.
VOIS - World Intellectual Property Organization.
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 in other State Party of the Parisian convention on protection of industrial property.
MChN - the machine-readable carrier.
1. The art and design solution of product determining its appearance belongs to industrial designs. The product is understood as any product of industrial or domestic production, in particular, compound product, independent components for assembly in compound product.
The art and design solution of product is characterized by set of the essential signs determining features of appearance of product.
Appearance of product is constituted, in particular, by form, contours, lines, combinations of colors, texture or the invoice of material, decor, including, figuration.
2. According to article 8 of the Law legal protection is provided to the object declared as industrial design if it is new and original.
The industrial design is recognized new if set of its essential signs, is not known from the data which became public in the world before priority date of industrial design.
The industrial design is recognized original if set of its essential signs causes creative nature of features of product.
3. For the characteristic of industrial designs the following signs are used, in particular:
a) availability, structure and quantity of the basic composite elements;
b) form and configuration of basic elements;
c) relative positioning and hierarchy of basic elements;
d) plastic characteristic of basic elements;
e) nature of the graphical, tsvetofakturny and coloristic solution of these elements;
4. Industrial designs can be volume or plane.
Volume industrial designs represent composition which cornerstone the three-dimensional, volume and spatial structure, for example, the art and design decisions determining appearance of the machine, farm vehicle, motor, telephone set, etc. is.
Plane industrial designs represent composition with two-dimensional structure, are characterized linearly - graphical ratio of elements and actually the art and design decisions determining appearance of carpet, scarf, fabric, etc. have no amount, for example.
5. The request shall belong to one industrial design and can include options of this industrial design (the requirement of unity).
One industrial design is understood as the art and design solution of both single product, and set (set) of the products having general purpose (for example, furniture set, service, etc.).
The single product is understood as the whole product (for example, the car), and as the product which is any part of the whole product (for example, bumper, headlight).
Options of industrial design are understood as the art and design solutions of the same product (set, set) differing on set of the essential signs determining identical features of product.
6. According to part seven of article 8 of the Law the product is not recognized industrial design if:
a) it belongs to printed materials as such (the texts, tables, schedules, etc. deprived of decorative lines of font graphics);
b) it belongs to architectural object (including to industrial, hydraulic engineering and other fixed construction), except small architectural forms;
c) it is object of unstable form from liquid, gaseous, loose or it similar substances;
d) the decisions caused by exclusively technical function of product;
e) the decisions contradicting public concerns, the principles of humanity and morals.
7. According to part two of article 17 of the Law the request shall contain:
a) the petition of the Republic of Uzbekistan with indication of the author (coauthors) of industrial design and person addressed to whom the patent, and also their residence or the location is asked;
b) set of the images displaying product, prototype or the drawing (the image of product can be provided by the photo or in other type, including can be executed by means of computer graphics), giving complete detailed idea of appearance of product;
c) the description of industrial design including set of its essential signs;
d) the general view of product, the ergonomic scheme, the konfektsionny card if they are necessary for disclosure of essence of industrial design.
8. 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 requests for patent grant.
9. 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.
10. 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.
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.
In case of purchase of conventional priority according to the request which arrived after six months from the date of submission of the first request, but no later than two months after six-months 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 six-months time and confirmation of availability of these circumstances if there are no bases to believe that they are known to the Ministry.
11. The documents of the request specified in Item 7 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 MChN.
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 electronic form on MChN.
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.
Images of product, prototype or the drawing of general view are represented in triplicate, other images - in duplicate.
Other documents and their translation on Uzbek or Russian if they are constituted on, other language, are represented in one copy.
12. 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, they are provided 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 or Russian transliteration.
The name of the applicant (if it is possible), the name of industrial design are represented in the Uzbek or 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.
The documents submitted in other language are considered provided for date of their receipt to the Ministry if their translation arrived within two months from receipt date of documents in other language, otherwise documents are considered provided on receipt date of their translation.
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