Appendix 3

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

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

1. General provisions

1. This Instruction is developed according to the Law of the Republic of Kazakhstan "The patent law" of July 16, 1999 (further the Law) 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 - 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 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.

2. Application

3. The application for receipt of the patent for useful model (daleezayavka) is submitted by the author of useful model, the employer, their legal successor or jointly the listed persons on condition of consent between them (further - the applicant).

4. The author of useful model - physical person by which creative activity it is created submits the application 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. The application is submitted to the expert organization in attendance procedure or goes by mail (Item 1 of article 16 of the Law).

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

8. 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 (Item 3 of article 36 of the Law).

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.

9. 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.

3. Request for useful model

10. Constructive accomplishment of means of production and consumer goods, and also their components belongs to useful models (device).

11. In the request 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) (Item 1 of article 18 of the Law) reveals.

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. Content of materials of the request:

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 application payment. 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 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 are 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 the possibility of prolongation of this term, but no more than for two months is provided;

2) 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.

The request for establishment of conventional priority is 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 on useful model is submitted on state or Russian. Other documents of the request are submitted in the state, Russian or other language. On condition of the corresponding payment according to Item 2 of article 16 of the Law this term can be prolonged, but no more than for two months.

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 the applicant within two months after receipt in the expert organization of the request containing documents in other language.

According to Item 2 of article 30 of the Law this term is 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.

4. 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 according to 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: "receipt date", 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 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: 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).

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 country code of submission of the first request according to the VOIS ST.3 standard is specified;

6) the name of the declared useful model (group of useful models) which shall match with the name provided in the description of useful model is provided in the graph under code 54. In case of inclusion in the name of useful model 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 the name of the addressee, meeting 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.

In case of absence in the statement of the address for correspondence by that the address of the location of the patent agent or other representative is considered if they are appointed, and otherwise - in the presence of the address in the territory of the Republic of Kazakhstan in the graphs of the statement belonging to the information about the applicant - the applicant's address (if applicants neskolkopervy of such addresses).

In addition in the column "the address for correspondence" are specified phone number and the fax if they are available;

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 appointment of the 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, the general representative of applicants appointed from their number can be specified;

9) the column "The List of the Enclosed Documents" on the second page of the statement is filled in by prostanovka of the sign "X" in the corresponding cages and instructions of number of copies and sheets in each copy of the enclosed documents. For the enclosed documents which type is not provided by the application form ("other document") it is specified their appointment is specific;

10) in the column "Basis for Emergence of the Right to Application and Receipt of the Patent for Useful Model" prostanovky the sign "X" the corresponding basis (bases) for application and receipt of the patent is noted. The specified column is not filled in when applicant is the author, or if it is several applicants, their structure matches with the list of authors;

11) the information about the author (authors) is provided in the graph under code 72: surname, name and middle name (if it is available); in the graph near the column under code 72 - the complete postal address of residence, for foreigners is specified only country code according to the VOIS ST.3 standard;

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