ORDER OF THE CHAIRMAN OF COMMITTEE ON INTELLECTUAL PROPERTY RIGHTS OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of April 24, 2007 No. 53-OD

About approval of the Instruction for creation, registration and consideration of the request for patent grant on useful model

According to item 4 of article 18 of the Law of the Republic of Kazakhstan "The patent law" and for the purpose of implementation of the Law of the Republic of Kazakhstan of March 2, 2007 to No. 237-III "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning intellectual property", I ORDER:

1. Approve the enclosed Instruction for creation, registration and consideration of the request for patent grant on useful model.

2. To provide to management on realization of state policy in the field of industrial property of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan (Barzhaksa N. B.) in the procedure established by the legislation submission of this order on state registration.

3. To impose control of execution of this order on the vice-chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan Bekenov of Page E.

4. This order becomes effective from the date of its first official publication.

 

Approved by the order of the Chairman of Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan of April 24, 2007 No. 53-OD

The instruction for creation, registration and consideration of the request for patent grant on useful model

Chapter 1. General provisions

1. This Instruction is developed according to the Law of the Republic of Kazakhstan "The patent law" of July 16, 1999 (далееЗакон) and disaggregates activities for creation, registration and consideration of the request for patent grant on useful model.

2. In this Instruction the following concepts and terms are used:

1) authorized body - the state body determined by the Government of the Republic of Kazakhstan, performing state regulation in the field of protection of inventions, useful models, industrial designs;

2) the expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of inventions, useful models, industrial designs);

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

4) the conventional request - the application submitted according to the Parisian convention on protection of industrial property of March 20, 1883;

5) the international request - the application submitted according to the Agreement on patent cooperation (RUTI) of June 19, 1970;

6) the Eurasian request - the application submitted according to the Eurasian convention of September 9, 1994.

Chapter 2. Creation, registration and consideration of the request for patent grant on useful model

1. Application

3. Persons having the right to application and receipt of the patent.

(Further - the request) and receipt of the patent according to Item 1 of article 10 of the Law the author of useful model, the employer, their legal successor or jointly the listed persons on condition of consent between them have the right to application for useful model (daleezayavitel).

4. The author of useful model - physical person by which creative activity it is created has the right to application and receipt of the patent in the following cases:

if the useful model is created by it not in connection with accomplishment of labor obligations or the specific task received from the employer;

if the useful model is created by the author in connection with accomplishment of labor obligations or the specific task received from the employer, that is is office, but the contract between the author and the employer provides the author's right to receipt of the patent;

if the employer within four months from the date of the notification his author about the created office useful model did not submit the application to the expert organization, did not transfer the right to application to other person and did not report to the author about preserving useful model in secret.

5. Confirmation of the right to application by any document is not required.

6. Procedure of giving.

The application is submitted according to Item 1 of article 16 of the Law to the expert organization directly or goes by mail.

7. Application through the patent agent.

The application can be submitted by the applicant directly or through the representative, including through the patent agent registered by authorized body.

According to Item 3 of article 36 of the Law the physical persons living outside the Republic of Kazakhstan or foreign legal entities run the business connected with clerical work according to the request and receipt of the patent only through the patent agents registered by authorized body if other procedure is not established by the international agreement with participation of the Republic of Kazakhstan.

If along with specified persons applicant according to the request is the physical person living in the Republic of Kazakhstan, the legal entity of the Republic of Kazakhstan business management on receipt of the patent not through the patent agent is possible provided that for correspondence the address within the Republic of Kazakhstan is specified.

The physical persons who are constantly living in the Republic of Kazakhstan, but temporarily being beyond its limits can run the business connected with clerical work according to the request and receipt of the patent without patent agent when specifying the address for correspondence within the Republic of Kazakhstan.

2. Request for useful model

8. Constructive accomplishment of means of production and consumer goods, and also their components belongs to useful models according to Item 1 of article 7 of the Law (device).

9. For the characteristic of useful models the following signs are used, in particular:

1) availability constructive (constructive) element (elements);

2) communication availability between elements;

3) relative positioning of elements;

4) form of accomplishment of element (elements) or device in general, in particular, geometrical form;

5) form of accomplishment of communication between elements;

6) parameters and other characteristics of element (elements) and their interrelation;

7) material of which it is made element (elements) or the device in general;

8) the environment performing function of element.

It is not necessary to use for the characteristic of useful model the signs expressing availability on the device in general or its element of the designations (verbal, graphic or combined) which are not influencing functioning of the device and realization of its appointment.

10. According to Item 3 of article 7 of the Law as useful models are not protected:

1) methods (processes of implementation of actions over material objects by means of appliances), products (substances, strains of microorganisms, cultures of cages of plants or animals), and also application of the known methods and products (devices, substances, strains of microorganisms, cultures of cages of plants and animals) on new appointment or application of new products (devices, substances, strains of microorganisms, cultures of cages of plants and animals) on certain appointment;

2) opening, scientific theories and mathematical methods;

3) methods of the organization and management of economy;

4) symbols, schedules, rules;

5) rules and methods of accomplishment of intellectual transactions, holding games;

6) programs for computers and algorithms as such;

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

8) the offers concerning only appearance of products;

9) the offers contradicting public concerns, the principles of humanity and morals.

11. The request according to Item 1 of article 18 of the Law shall belong to one useful model or group of the useful models connected among themselves so that they form single inventive intention (the requirement of unity of useful model).

12. The requirement of unity is recognized observed if:

1) in formula of useful model one useful model is characterized;

2) in formula of useful model the group of useful models is characterized:

one of which is intended for production another (for example, the device and the device for its production);

one of which is held for use another or in another;

one type relating to several devices, identical appointment providing the same technical result (options).

13. According to Item 2 of article 18 of the Law the request shall contain:

1) the petition with indication of authors of useful model and persons addressed to whom the patent, and also their residence or the location is asked;

2) the description of useful model opening it with the completeness sufficient for implementation;

3) the formula of useful model expressing it essence and which is completely based on the description;

4) drawings;

5) paper;

6) the power of attorney, in case of record keeping through the representative.

14. The documents attached to the request.

1) the document confirming payment of application in the established size. In case of payment in the amount of, smaller established, except the document confirming payment the document confirming the bases for reduction of its size is submitted. The specified documents can be submitted together with the request or within two months from receipt date of the request. On condition of the corresponding payment this term can be prolonged, but no more than for two months.

2) according to Item 2 of article 20 of the Law the copy of the first request which is submitted no later than six months from receipt date of the conventional request to the expert organization is attached to the request with purchase of conventional priority. If it is several first requests, copies of all these requests are attached.

In case of submission of the conventional request by other applicant permission of the applicant of the first request for use of the right of priority is put.

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 the document with indication of the circumstances which are not depending on the applicant prevented application in the specified twelve-monthly time, and the document confirming availability of these circumstances is attached to the request if there are no bases to assume that they are known to the expert organization.

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 expert organization.

15. The petition is submitted on state or Russian. Other documents of the request are submitted in the state, Russian or other language.

If other documents of the request are submitted in other language, their transfer on state or Russian is applied to the request. Transfer shall be provided by the applicant within two months after receipt to the expert organization of the request containing documents in other language.

On condition of the corresponding payment this term can be prolonged, but no more than for two months. In case of transfer non-presentation at the scheduled time the request is recognized article 16 of the Law which is not submitted according to Item 2.

16. The petition is submitted in four copies, the description of useful model, formula of useful model, drawings and other materials necessary for understanding of essence of useful model, and also the paper constituted on state or Russian, are represented in triplicate.

The same documents if they are constituted in other language, are represented in one copy, and their transfer on state or Russian - in triplicate.

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

3. Contents of documents of the request

17. Procedure for filling of the statement:

1) the petition (further - the application) is submitted in the PM-1 form (appendix 1 to this Instruction).

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: "watch Appendix to the statement" (in the corresponding cage of the column "The List of the Enclosed Documents" the sign "X" is put down);

2) the graphs of the statement located in its upper part: "date of giving", under codes 21, of 22, of 85, are intended for filling with the expert organization after receipt of the request and are not filled with the applicant;

3) columns under codes 86 and 87, located directly over the word "statement", are filled in in case of transfer into national phase in the Republic of Kazakhstan of the international request containing specifying of the Republic of Kazakhstan.

In the graph under code 86 in the corresponding cage the sign "X" is put down and the registration number of the international request, date of the international giving established by the receiving department are provided respectively.

In the graph under code 87 number and date of the international publication of the international request are specified respectively;

4) the information about the applicant (applicants) for whom, (which) the patent is asked is provided in the column containing patent request for extradition after the words "addressed to" of the applicant (applicants) under code 71: the surname, name and middle name (if it is available) physical person, and surname is specified before name, or the full official name of the legal entity according to the document on official registration (the copy of the document is attached), and also data on their residence, the location, including the official name of the country and the complete postal address. Foreign names and names of legal entities are specified as well in transliteration on state or Russian. Data on residence of the applicants who are authors of useful model are provided in the graph near the column under code 72 on the second page of the statement.

For the foreign legal entities or physical persons which are or living outside the Republic of Kazakhstan addressed to which the patent is asked the country code according to the standard of World Intellectual Property Organization is specified (further - VOIS)ST.3 (if it is established).

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

5) the column containing request for establishment of priority is filled in only when the priority earlier, than date of application in the expert organization according to Items 2-5 of article 20 of the Law 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: number of earlier (the first, initial) the request based on which or additional materials to which the priority, and date of the asked priority is asked (date of submission of earlier request or additional materials to it).

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