Appendix 2

to the order of the deputy. The Minister of Justice of the Republic of Kazakhstan of April 23, 2010 No. 136

Instruction for creation, registration and consideration of the request for issue of the innovative patent or patent for the invention

1. General provisions

1. This Instruction is developed according to the Law of the Republic of Kazakhstan "The patent law" (further - the Law) and disaggregates activities for creation, registration and consideration of the request for issue of the innovative patent or the patent for the invention.

2. In this Instruction the following concepts are used:

1) authorized body - Committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan;

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

3) the request - the request for issue of the innovative patent or the patent for the invention;

4) examination of the request for issue of the innovative patent for the invention - check of conditions of patentability "local novelty" and "industrial applicability";

5) examination of the request for patent grant on izobreteniyeformalny examination and examination of the request in essence;

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

7) the international request - the application submitted according to the Agreement on patent cooperation (Patent Cooperation Treaty, далееРСТ) of June 19, 1970;

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

2. Creation, registration and application for issue of the innovative patent or patent for the invention

3. The application for the invention is submitted by the inventor, the employer of the inventor, their legal successor or jointly the listed persons on condition of consent between them (further the Applicant).

4. The inventor - physical person by which creative activity it is created can submit the application and take out the innovative patent or the patent in the following cases:

if the invention is not office;

if the invention is office, but the contract between the author and the employer provides the author's right to receipt of the innovative patent or the patent or if the employer within four months from the date of the notification his author about the created employee invention does not submit the application to the expert organization, will not transfer the right to application to other person and will not report to the author about preserving the invention in secret.

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

5. The request shall contain the following documents:

the statement for issue of the innovative patent or the petition with indication of inventors and persons addressed to whom the innovative patent or the patent for the invention, and also their residences or the location is asked;

the description of the invention revealing him with the completeness sufficient for implementation by the specialist in the corresponding knowledge domain;

the invention formula determining subject of the invention and expressing it essence. The formula shall be clear, exact and be based on the description;

drawings and other materials if they are necessary for understanding of essence of the invention;

paper;

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

6. The documents attached to the request:

1) the document confirming payment of application according to Item 2 of article 17 of the Law.

In case of payment in the amount of, smaller established (for participants and disabled people of the Great Patriotic War, disabled people, pupils of comprehensive schools, technical training colleges, secondary technical educational institutions, students of higher educational institutions), except the document confirming payment also the document confirming the bases for reduction of its size according to the Rate for the works and services which are exclusively rendered by the expert organization is submitted. The specified documents can be submitted together with the request or within two months from receipt date of the request. According to Item 2 of article 17 of the Law this term can be prolonged, but no more than for two months;

2) the copy of the first request is attached to the request with purchase of conventional priority and it is represented no later than six months from receipt date of the conventional request in the expert organization. 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 applied.

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 is submitted in case of application (it is provided in the corresponding column of the statement for issue of the innovative patent for the invention of IZ-1IP or the petition on the invention of IZ-1P) or within two months from receipt date of the request in the expert organization;

3) the document on deposition in the official collection depositary authorized on it is attached to the request for the invention which belongs to new strain of microorganism, culture of cages of plants or animals. This document (the verified copy of the passport about deposition) is submitted along with the request or no later than two months from receipt date of the request to the expert organization. Date of deposition shall precede priority date of the invention;

4) the machine-readable data carrier (diskette) with record of the copy of the same list of the sequences meeting requirements of the ST.25 standard of World Intellectual Property Organization (further - VOIS), and the application signed by the applicant concerning the fact that information provided in machine-readable form is identical to the list of the sequences represented in printed form is applied to the request containing list of the sequences of nucleotides and/or amino acids;

5) application in writing is followed by appendix of its copy on the electronic medium. At the same time the applicant the declaration on identity of the text in printed form and on the electronic medium is submitted.

7. The statement for issue of the innovative patent or the petition on the invention 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 is represented within two months after receipt in the expert organization of the request containing documents in other language, and on condition of the corresponding payment this term can be prolonged, but no more than for two months. According to Item 2 of article 16 of the Law 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 not given.

8. The statement for issue of the innovative patent or the petition on the invention is submitted in four copies, the description of the invention, the invention formula, drawings and other materials necessary for understanding of essence of the invention, 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. Request for the invention

9. The application for the invention is submitted for the technical solution in any area relating to product, method, and also application of the known product or method on new appointment or new product on certain appointment.

Product as subject of the invention is, in particular, the device, substance, biotechnological product, including microorganism strain, culture of cages of plants or animals whom treat:

1) as to subjects of the invention designs and products belong to devices. For the characteristic of devices the following signs are used:

availability constructive (constructive) element (elements);

communication availability between elements;

relative positioning of elements;

form of accomplishment of element (elements) or device in general;

form of accomplishment of communication between elements;

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

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

the environment performing function of element;

2) as to subjects of the invention treat substances:

chemical compounds;

compositions (structures, mixes);

products of nuclear transformation.

For the characteristic of chemical compounds the following signs are used:

for low-molecular connections with and their relative positioning in the molecule expressed by chemical structural formula established strukturoykachestvenny structure (atoms of certain elements), quantitative structure (number of atoms of each element), communication between atoms;

for high-molecular connections from the macromolecule established strukturoystrukturny formula of elementary link, structure of macromolecule in general (linear, branched), quantity of elementary links or molecular mass, molecular-mass distribution, geometry and stereometry of macromolecule, its trailer and side groups, for copolymers - in addition ratio of comonomer links and their frequency;

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

For the characteristic of compositions the following signs are used:

high-quality structure (availability of ingredients);

quantitative structure (content of ingredients);

structure of composition;

structure of ingredients.

For the characteristic of compositions of unidentified structure their physical and chemical, physical and utilitarian indicators and signs of method of obtaining are used.

For the characteristic of the substances received by nuclear transformation the following signs are used:

high-quality (isotope (isotopes) of element) and quantitative (number of protons and neutrons) structures;

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

3) the products allocated from their natural environment or received by different ways belong to biotechnological products as to subjects of the invention.

As subjects of inventions treat biotechnological products:

live objects, in particular plants, animal, except the objects specified in Item 2 of Article 2 and Item 3 of article 6 of the Law and microorganisms, cages of plants and animals and other elements allocated from organisms of plants and animals or received by different ways, strains of microorganisms of culture of cages of plants or 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.

For the characteristic of plants and animals the following signs are used:

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.

For the characteristic of strains of microorganisms, cultures of cages of plants or animals the following signs are used:

appointment;

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

taxonomical accessory;

kulturalno-morphological features;

fiziologo-biochemical signs;

cytologic signs;

molecular and biological signs;

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

oncogenicity (for strains and cages of medical and veterinary appointment);

data on contamination;

biotechnical characteristics: the name and properties of the useful substance produced by strain or culture, 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 and cultures of medical and veterinary appointment);

features of reproduction;

the principle of hybridization (for strains of hybrid microorganisms);

data on cryopreservation.

For the characteristic of cultures of cages of plants or animals the following signs are in addition used:

number of passages;

kariologichesky characteristic;

growth (kinetic) characteristics;

the characteristic of cultivation in animal organism (for hybrids);

capability to morphogenesis (for cages of plants).

For the characteristic of consortia of microorganisms, cages of plants or animals, in addition to the listed above signs, are used, the following signs:

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.

For the characteristic of the biotechnological products relating to lifeless objects the following signs are used:

for products with the established or partially established structure - structural formula or features of structure, including the sequence of nucleotides for nucleic acids, 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;

for products with unspecified structure physical and chemical and other properties, including the signs of method of obtaining allowing to identify these products in particular to distinguish them from other known products.

For all biotechnological products the function performed by them or type of activity and origin are specified;

4) method as subject of the invention is process of accomplishment of actions over material object by means of material objects.

For the characteristic of method the following signs are used:

availability of action or set of actions;

procedure for accomplishment of such actions in time (it is consecutive, at the same time, in different combinations and so forth);

conditions of implementation of actions, mode;

use of substances (initial raw materials, reagents, catalysts and so on), devices (devices, tools, equipment and so on), strains of microorganisms, cultures of cages of plants or animals;

5) their use according to other predistination belongs to application of the known product or method on new appointment as to subject of the invention;

6) the first use of substances (natural and artificially received) for satisfaction of public requirement, that is establishment of utilitarian purpose of natural substances, the substances received in experiment, production wastes and so on for which such appointment was not determined belongs to application on new appointment.

For the characteristic of application known before product or method, for new appointment or applications of new product the short characteristic of the applied object sufficient for its identification, and specifying of this new appointment is used for certain designated purpose.

10. According to Item 3 of article 6 of the Law are not recognized inventions:

opening, scientific theories and mathematical methods;

methods of the organization and management of economy;

symbols, schedules, rules;

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

programs for computers and algorithms as such;

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

the offers concerning only appearance of products;

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

Protection of other intellectual property items (selection achievements, topology of integral chips, trademarks, service marks, names of places of goods origin and others) is regulated by legal acts of the Republic of Kazakhstan.

11. The request shall belong to one invention or group of the inventions connected among themselves so that they form single inventive intention.

The unity of the invention is recognized observed if:

in formula of the invention one invention is characterized;

in formula of the invention the group of inventions is characterized:

one of which is intended for obtaining (production) of another (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 of another (for example, method and the device for implementation of method in general or one of its actions);

one of which held for use another (in another) (for example, method and substance, held for use in method; method or device and its part; use of the device or substance on new or on certain appointment and method with their use in connection therewith appointment; use of the device or substance on new or certain appointment and the device or composition which component they are);

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

4. Contents of documents

12. Statements for issue of the innovative patent or petitions are filled in for the invention as follows:

1) the statement for issue of the innovative patent for the invention or the petition on the invention (further - the Application) is submitted in case of application for issue of the innovative patent or application for patent grant for the invention respectively and it is represented in the IZ-1I.P. form or IZ-1P. according to appendices 1 and 2 to this Instruction which names of columns are identical.

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

3) columns under codes 86 and 87, located over the word "Statement", are filled in with the applicant in case of transfer into national phase in the Republic of Kazakhstan of the international request containing specifying of the Republic of Kazakhstan, and the column under codes 96 and 97 - in case of transformation of the Eurasian request to the national request of the Republic of Kazakhstan according to article 16 of the Eurasian patent convention.

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.

Number and date of the international publication of the international request are provided in the graph under code 87.

The registration number of the Eurasian request and date of its giving established by the receiving department are provided in the graph under code 96.

Number and date of the publication of the Eurasian request is provided in the graph under code 97;

4) in the graph on code 71, containing request for extradition of the innovative patent or patent for the invention, after the words "addressed to the applicant (applicants)" the information about the applicant (applicants) addressed to whom, (which) the innovative patent or the patent is asked is provided: 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 (for residents of the Republic of Kazakhstan the copy of the document is attached), and also data about them respectively 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 inventors 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 innovative patent or the patent for the invention is asked the country code according to the VOIS ST.3 standard is specified (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 is asked, than date of application in the expert organization according to Items 2 - the 5th article 20 of the Law. In this case the prostanovka of the sign "X" in the corresponding cages notes the bases for purchase of priority and are specified: requisition number based on which or additional materials to which the priority, and date of the asked priority is asked (date of application or additional materials to it).

If the priority is asked based on several requests, numbers of all requests and date of the asked priority are specified. In case of purchase of conventional priority the country code of submission of the first request according to the VOIS ST.3 standard is specified;

6) 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 graph under code 54. In case of inclusion in the name of the invention of the special name in the corresponding cage the sign "X" notes observance of the requirement of item 4 of article 9 of the Law;

7) are given the complete postal address in the territory of the Republic of Kazakhstan in the column "the address for correspondence" and name or the name of the addressee which shall meet regular requirements of bystry post delivery. As the address for correspondence the residential address of the applicant (one of applicants) - the physical person living in the Republic of Kazakhstan or the location address in the Republic of Kazakhstan of the applicant - the legal entity, either the address of the location of the representative of the applicant (applicants), or other address in the territory of the Republic of Kazakhstan can be specified;

8) the information about the representative of the applicant (applicants), including the patent agent (patent agents) is provided in the graph under code 74. In case of appointment of the patent agent before application its surname, name and middle name (if it is available), the registration room in authorized body, the residential address, phone number, the fax are entered (if they are available). In case of the appointed representative surname, the name and middle name (if it is available) for physical person and the official name for the legal entity, the residential address (locations) in the Republic of Kazakhstan, phone number, the fax are entered (if they are available). If applicants a little and the application is submitted not through the patent agent, as the representative one of applicants can be chosen;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info