THE RESOLUTION OF COMMITTEE ON SCIENCE AND TECHNOLOGIES UNDER COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of June 16, 2003 No. 19

About approval of Rules of creation, giving and preliminary expert examination of the request for patent grant on the invention

List of amending documents

According to the Law of the Republic of Belarus of December 16, 2002. "About patents for inventions, useful models, industrial designs" (2003, No. 1, 2/909) the Committee on science and technologies under Council of Ministers of the Republic of Belarus decides the national register of legal acts of the Republic of Belarus:

1. Approve the enclosed Rules of creation, giving and preliminary expert examination of the request for patent grant on the invention.

2. Recognize invalid Corrected creation and applications for patent grant for the invention approved by the order of the State patent committee of the Republic of Belarus of April 25, 1998 No. 21 (The bulletin of normative legal information, 1998, No. 12; National register of legal acts of the Republic of Belarus, 2001, No. 33, 8/5448).

 

Approved by the Resolution of Committee on science and technologies under Council of Ministers of the Republic of Belarus of June 16, 2003 No. 19

Rules of creation, giving and preliminary expert examination of the request for patent grant on the invention

Rules of creation, giving and preliminary expert examination of the request for patent grant on the invention are approved according to the Law of the Republic of Belarus of December 16, 2002. "About patents for inventions, useful models, industrial designs" (The national register of legal acts of the Republic of Belarus, 2003, No. 1, 2/909) also establish procedure for creation, giving and preliminary expert examination of the request for patent grant for the invention (further - the request).

Section I. Creation of the request

Chapter 1. Subjects of the invention, unity of the invention

1. Legal protection is provided to the invention in any area of the equipment if it belongs to product or method, in particular, to the device, method, substance, biotechnological product, and also use of the device, method, substance, biotechnological product on certain appointment.

2. Designs and products belong to devices as subjects of the invention.

3. For the characteristic of the device the following signs are used, in particular:

the constructive accomplishment of the device characterized by availability and functional purpose of blocks, nodes, structural elements, their relative positioning, form of accomplishment of elements and/or devices in general;

communication between blocks, nodes, elements;

form of accomplishment of communication between elements;

parameters and other characteristics of elements and their interrelation;

material of which elements and/or the device in general are made;

the environment performing function of element.

4. Processes of accomplishment of actions (transactions, acceptances) leading to creation new either to change of the known material objects or processes of research of material objects belong to methods as subjects of the invention.

5. For the characteristic of method the following signs are used, in particular:

the performed operations (transactions);

the sequence of the performed operations (transactions);

conditions of implementation of actions (transactions), use of substances (raw materials, reagents, catalysts), devices, strains, microorganisms, cultures of cages of plants and animals, modes of carrying out transactions.

6. Treat substances as subjects of the invention:

chemical compounds to which high-molecular connections are also referred;

compositions (structures, mixes);

products of nuclear transformation.

7. For the characteristic of chemical compound the following signs are used, in particular:

for low-molecular connection with established strukturoykhimichesky structure (atoms of certain elements and their number) and structural formula of connection;

for high-molecular connection - chemical composition and structure of one link of macromolecule, structure of macromolecule in general, frequency of links, molecular mass, molecular-mass distribution, geometry and stereometry of macromolecule, its trailer and side groups;

for connection with unspecified structure - the physical and chemical and other characteristics (including obtaining method signs) allowing to identify this connection.

8. For the characteristic of composition the following signs are used, in particular:

high-quality structure (ingredients);

quantitative structure (content of ingredients);

structural characteristics.

9. For the characteristic of composition of unidentified structure the physical and chemical, physical and utilitarian indicators and signs characterizing method of receipt of this composition can be used.

10. For the characteristic of the substance received by nuclear transformation the following signs are given, in particular:

high-quality structure (isotope (isotopes) of element);

quantitative structure (number of protons and neutrons);

main nuclear characteristics: half-life period, type and radiation energy (for radioactive isotopes).

11. The products allocated from their natural environment or received by different ways belong to biotechnological products as subjects of the invention. As subjects of inventions can treat biotechnological products:

live objects, in particular plants, animals, strains of microorganisms, cultures of cages of plants and animals;

lifeless objects, in particular hormones, cytokines, enzymes, antigens, antibodies, the sequences of nucleic acids, plasmids, vectors, etc. allocated from plants, animals or microorganisms or received by different ways.

12. For the characteristic of plants and animals the following signs are used, in particular:

appointment;

origin and method of obtaining;

taxonomical accessory;

useful property;

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.

13. For the characteristic of individual strains of microorganisms, cultures of cages of plants and animals the following signs are used, in particular:

appointment;

origin (obtaining source, strain family tree, characteristic of initial or parent strains, etc.);

taxonomical accessory;

kulturalno-morphological features;

fiziologo-biochemical signs;

cytologic signs;

molecular and biological signs;

marker signs (genetic, immunological, biochemical, physiological, etc.);

oncogenicity (for strains of medical and veterinary appointment);

data on contamination;

biotechnical characteristics: the name and properties of the useful substance produced by strain, the level of activity (productivity) and methods of its determination;

data on stability of preserving useful property in case of long cultivation;

virulence, immunogenicity, antigenic structure, sensitivity to antibiotics, antagonistic properties (for strains of medical and veterinary appointment);

features of reproduction;

data on cryopreservation.

14. For the characteristic of consortium of strains of microorganisms, cultures of cages of plants and animals in addition to the listed above signs characterizing individual strains the following signs are used, in particular:

factors and conditions of adaptation and selection;

taxonomical structure;

ratio and substitutability of individual components;

divisibility;

kulturalno-morphological, cytologic, fiziologo-biochemical and other signs of individual components;

stability and/or competitiveness;

physiological features of consortium in general.

15. For the characteristic of the biotechnological products relating to lifeless objects the following signs are used, in particular:

15.1. for products with the established or partially established structure - structural formula or features of structure, including the sequence of nucleotides for nucleic acids (for example, genes, fragments of genes), 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;

15.2. for products with unspecified strukturoyfiziko-chemical and other properties, including the signs of method of obtaining allowing to identify these products, to distinguish them from other known products.

16. For all biotechnological products the function performed by them is specified.

17. Use of the device, method, substance, biotechnological product is understood as its use on certain appointment.

18. For the characteristic of use of the device, method, substance, biotechnological product, including on the first appointment, the characteristic of the applied object sufficient for its identification, and specifying of this appointment are used.

19. The requirement of unity of the invention means that the request shall belong only to one invention or to group of the inventions connected among themselves so that they form single inventive intention.

20. If in one request the group of inventions is declared, the requirement of unity of the invention is considered executed only in that case when there is technical interrelation between these inventions expressed by one or several identical or corresponding special technical signs. Special technical signs are those technical signs which determine the contribution made in equipment level by each of the declared inventions considered in total.

21. Determination of whether the group of inventions is so interconnected that it forms single inventive intention, is made irrespective of whether these inventions in separate Items or as an alternative in one Item are declared.

22. In case of violation of the requirement of unity of the invention the applicant limits the request to the invention or the group of inventions meeting the requirements of unity of the invention and can submit one or several selected applications for other inventions or groups of the inventions meeting the requirements of unity.

Chapter 2. Structure of the request for the invention, petition

23. The request shall contain the documents specified in Item 2 of article 13 of the Law of the Republic of Belarus "About patents for inventions, useful models, industrial designs".

24. The petition is submitted in form according to appendix 1 to these rules and shall contain all necessary data. The application shall be signed by the applicant or the patent agent.

If no data can be placed in the corresponding graphs of the statement, they are provided in the same form on additional leaf with indication of in the corresponding column of the statement: "see continuation on the additional sheet" or "data are provided on the additional sheet".

The additional leaf is signed by the applicant or the patent agent.

25. The columns of the application blank located over the word "Statement" are not filled in with the applicant.

The exception is constituted by the column "see appendix" which is filled in if the statement has continuation on additional leaf, by prostanovka of the sign "X" in the corresponding empty square of this column.

26. The information about the applicant (applicants) is provided in the column containing request for extradition of the patent of the Republic of Belarus after the words "Applicant(s)": the surname, name and middle name (if it is used) physical person, and surname is specified before name, and/or full name of the legal entity according to the constituent document in the Nominative case, and also according to data on their residence, the location, including the name of the country and the address.

Data on residence of the applicants who are inventors are not provided in this column, and given in the column "residential address" on the second page of the statement.

27. For the legal entities or physical persons which are applicants ST.3 is specified (if it is established) country code according to the standard of World Intellectual Property Organization (further - VOIS).

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

28. The column containing request for establishment of priority is filled in only when the priority earlier, than receipt date of the request in public institution "National center of intellectual property" is asked (further - patent body).

In this case the sign "X" in the corresponding squares notes the bases for purchase of priority and are specified number of earlier request based on which or additional materials to which the priority, and date of the asked priority is asked (receipt date of earlier request or additional materials to it).

If the priority is asked based on several requests, numbers of all requests and in appropriate cases several dates of the asked priority are specified. In case of purchase of conventional priority the giving country code according to the VOIS ST.3 standard is specified.

29. The name of the declared invention (group of inventions) which shall match with the name provided in the description of the invention is provided in the column "Name of the Invention".

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