ORDER OF THE STATE PATENT AUTHORITY OF THE REPUBLIC OF UZBEKISTAN

of December 30, 2004 No. 62

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

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

2. From the effective date these rules to consider invalid Provisional rules of creation and submission of requests for the selection achievements approved by the order of the director of the State patent authority of 02.09.1997 N 49.

3. 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 December 30, 2004 No. 62

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

These rules of creation, giving and consideration of the request for patent grant of the Republic of Uzbekistan for selection achievement (further - Rules) are developed according to the Law of the Republic of Uzbekistan "About selection achievements" and determine procedure for creation, giving and consideration of the request for patent grant for selection achievement.

List of reducings:

Law - The law of the Republic of Uzbekistan "About selection achievements";

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;

Selection achievement - new plant variety, new breed of animals;

The specialized organization - the Center for sortoispytaniye of crops under the Ministry of Agriculture, Committee of veterinary science and development of livestock production of the Republic of Uzbekistan under the Ministry of Agriculture;

The request - the request for patent grant for selection achievement;

The list of zoological childbirth and types - the State list of zoological childbirth and types of plant varieties and breeds of the animals protected in the Republic of Uzbekistan;

VOIS - World Intellectual Property Organization.

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

§ 1. Request for patent grant for selection achievement

in the territory of the Republic of Uzbekistan - earlier, than in one year prior to this date;

in the territory of other state - earlier, than in four years or if it concerns some grapes, wood, decorative, fruit crops and forest breeds, - earlier, than in six years prior to the specified date.

Common knowledge is established:

concerning selection achievement which became part of well-known level of knowledge as a result of its production, reproduction, bringing to high-quality or breeding standard for the purpose of the subsequent reproduction, storage and content for the above-mentioned purposes;

concerning selection achievement which was offered to sale, was on sale, imported or exported.

§ 2. Contents of the request

a) the petition of the Republic of Uzbekistan with indication of the author (coauthors) of selection achievement and person (persons) addressed to whom, (which) the patent is asked (further - the applicant), data on their residence or the location, and also the offer on the name of selection achievement;

b) description of selection achievement (technical questionnaire);

c) photos of models of selection achievement;

d) documents on the testing of selection achievement which are carried out by the applicant;

e) the declaration of the applicant, confirmatory that selection achievement was not used, was not on sale, it was not transferred and conforms to requirements of novelty;

e) the document confirming priority of selection achievement (if necessary);

g) the obligation of the applicant to provide to the specialized organization at the scheduled time material for testing of selection achievement;

h) the power of attorney in case of application through the patent agent or the authorized representative;

i) 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.

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