THE RESOLUTION OF BOARD OF THE STATE AGENCY ON SCIENCE AND INTELLECTUAL PROPERTY UNDER THE GOVERNMENT OF THE KYRGYZ REPUBLIC (KYRGYZPATENT)

of March 27, 2003 No. 4

(Statement)

Having considered the materials submitted for consideration to board, board of the State agency on science and intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент)

decides:

1. Approve:

- Information letter on procedure for transition to the single security document (patent);

- Rules of creation, giving and consideration of the request for patent grant on the invention;

- Rules of creation, giving and consideration of the request for patent grant on industrial design;

- Rules of creation, giving and consideration of the request for patent grant on useful model;

- Rules of creation, giving and consideration of the request for registration of the trademark and service mark.

Specified the Information letter and Rules to direct to registration in the Ministry of Justice of the Kyrgyz Republic.

 

Approved by the resolution of board of the State agency on science and intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент) of March 27, 2003 No. 4

Information letter on procedure for transition to the single security document (patent)

According to the Law of the Kyrgyz Republic "About modification and amendments in some legal acts of the Kyrgyz Republic" of the February 27, 2003 which became effective on March 7, 2003 (further - the Law), number of changes is brought in the Patent law of the Kyrgyz Republic, in particular:

- the system of examination of requests for inventions, industrial designs, useful models is changed;

- the name of the provisional patent of the Kyrgyz Republic is changed to the invention, industrial design, certificates of the Kyrgyz Republic on useful model on the corresponding patent of the Kyrgyz Republic;

- effective period of the provisional patent of the Kyrgyz Republic on the invention transformed to the patent of the Kyrgyz Republic for the invention granted under responsibility of the applicant from 7 to 20 years is increased;

- submission due date of the petition for patent grant of the Kyrgyz Republic with conducting examination in essence is changed:

on the invention since 5 years on 2,5 of year;

on industrial design since 5 years for 1 year.

1. Due to the above-stated changes the following procedure for renewal of the existing provisional patents of the Kyrgyz Republic on inventions, the existing provisional patents of the Kyrgyz Republic on industrial designs, the existing certificates of the Kyrgyz Republic on useful models - on the corresponding patents of the Kyrgyz Republic is established:

1.1. The state agency on science and intellectual property under the Government of the Kyrgyz Republic (далееКыргызпатент) since March 7, 2003 makes renewal of the existing provisional patents of the Kyrgyz Republic on inventions, industrial designs, certificates of the Kyrgyz Republic on useful models on the corresponding patents of the Kyrgyz Republic under responsibility of the applicant, at the same time notifies the applicant:

- about the made renewal;

- about submission to Kyrgyzpatent of the original of the security document for renewal (at the request of the owner);

- about need of payment of duty for the next years of maintenance of the patent in force.

1.2. According to the existing provisional patents of the Kyrgyz Republic on inventions, industrial designs on which for date 5-year term from the date of application did not expire on March 7, 2003 the owner of the provisional patent has the right to submit the petition for patent grant of the Kyrgyz Republic on the invention or industrial design with conducting examination in essence.

The petition moves in Kyrgyzpatent during the specified 5-year term, in one copy, in any form.

For the purposes of this information letter the provisional patent on the invention or industrial design, the certificate on useful model is considered acting if for date of renewal on it the duty on maintenance in force is paid and effective period did not expire.

2. The following procedure for renewal of the requests for issue of the security document of the Kyrgyz Republic for inventions, industrial designs, useful models accepted to clerical work till March 7, 2003 is established:

2.1. According to the requests for issue of the provisional patent of the Kyrgyz Republic for the invention or industrial design accepted to clerical work till March 7, 2003, the applicant shall submit the petition for patent grant of the Kyrgyz Republic on the invention or industrial design with conducting examination of the request in essence or the petition for patent grant of the Kyrgyz Republic without conducting examination of the request in essence, i.e. about patent grant under responsibility of the applicant, on condition of observance of requirements about payment of the corresponding duties.

Кыргызпатент notifies the applicant on need of submission of the specified petition.

The petition moves in Kyrgyzpatent within two months from the date of receipt of the notification by the applicant. In the presence of reasonable excuses the specified two-month term of submission of petitions can be prolonged according to Kyrgyzpatent's decision.

If the petition is not submitted to the specified time, the request is recognized withdrawn.

The petition moves in Kyrgyzpatent in one copy, in the form recommended in Appendix.

2.2. According to the requests for issue of the certificate of the Kyrgyz Republic for useful model accepted to clerical work till March 7, 2003 in case of positive result of preliminary expert examination, Kyrgyzpatent passes the decision on patent grant of the Kyrgyz Republic on useful model, on condition of observance of requirements about payment of fees for registration of useful model.

2.3. According to the requests for issue of the provisional patent of the Kyrgyz Republic for the invention or industrial design, certificates of the Kyrgyz Republic for useful model accepted to clerical work during the period since March 7, 2003 until registration in the Ministry of Justice of the Kyrgyz Republic of Rules of creation, giving and consideration of the request for patent grant for the invention, Rules of creation, giving and consideration of the request for patent grant for industrial design, Rules of creation, giving and consideration of the request for patent grant for useful model provisions of Items 2.1 and 2.2 of this Information letter are applied.

Appendix

to the Information letter on procedure for transition to the single security document (patent)

 
                              ХОДАТАЙСТВО
                о выдаче патента Кыргызской Республики
                 на изобретение, промышленный образец
                         (нужное подчеркнуть)
                с проведением экспертизы по существу,
                без проведения экспертизы по существу
                         (нужное подчеркнуть)
             по заявке на выдачу предварительного патента
                        Кыргызской Республики

     Я (мы) __________________________________________________________
______________________________________________________________________
   (официальное наименование или фамилия, имя, отчество заявителя)
______________________________________________________________________
______________________________________________________________________
     прошу (просим) выдать  патент  Кыргызской  Республики  по  заявке
N ________
     с проведением экспертизы заявки по существу
     без проведения экспертизы заявки по существу
               (нужное подчеркнуть)
     на ______________________________________________________________
           (название изобретения или промышленного образца)
     на имя __________________________________________________________
               (фамилия, имя, отчество физического лица
______________________________________________________________________
                 или наименование юридического лица)
     автор (авторы) __________________________________________________
______________________________________________________________________
     Подпись: ________________________________________________________
     Подпись(и) заявителя(ей), дата подписи(ей)
     (при подписании от имени юридического лица подпись удостоверяется
печатью)

     Перечень прилагаемых документов:
     - документ,   подтверждающий   уплату   пошлины   за   проведение
экспертизы по существу, в случае подачи ходатайства о выдаче патента с
проведением экспертизы заявки по существу.
 

Approved by the resolution of board of the State agency on science and intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент) of March 27, 2003 No. 4

Rules of creation, giving and consideration of the request for patent grant on the invention

These rules of creation, giving and consideration of the request for patent grant for the invention are developed according to article 2 of the Patent law of the Kyrgyz Republic and contain explanations of the State agency on science and intellectual property under the Government of the Kyrgyz Republic on application of the Patent law of the Kyrgyz Republic.

 

List of reducings

 
     Правила                - Правила составления, подачи и
                              рассмотрения заявки на выдачу патента на
                              изобретение;
     Закон                  - Патентный закон Кыргызской Республики;
     Кыргызпатент           - Государственное агентство по науке и
                              интеллектуальной собственности при
                              Правительстве Кыргызской Республики;
     Заявка                 - Заявка на выдачу патента на изобретение;
     Государственный реестр - Государственный реестр изобретений
                              Кыргызской Республики;
     Апелляционный совет    - Апелляционный совет Кыргызпатента;
     Конвенционная заявка   - Заявка, поданная в соответствии с
                              Парижской конвенцией по охране
                              промышленной собственности;
     Международная заявка   - Заявка, поданная в соответствии с
                              Договором о патентной кооперации (РСТ);
     МПК                    - Международная патентная классификация.
 
 

SECTION I CREATION AND APPLICATION FOR PATENT GRANT FOR THE INVENTION

1. Application

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

According to part 1 of Article 17 and part 1 of article 9 of the Law the right to application and receipt of the patent the author (authors) of the invention, the employer, their legal successor, including person who acquired the appropriate right according to the procedure of concession (daleezayavitel) have.

The concession is made by the applicant of the right to the patent by specifying about it in the request, or in the application submitted to Kyrgyzpatent until registration of the invention and it is considered concession of the rights of the applicant if in case of concession of the right to the patent other is not specified.

The inventor - 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 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 patent or if the employer within four months from the date of the notification his author about the created invention does not submit the application to Kyrgyzpatent, will not assign the right to the patent to other person or will not report to the author about preserving the invention in secret.

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

1.2. Procedure of giving

The application is submitted to Kyrgyzpatent directly or goes by mail, or by means of telegraph, the teleprinter, the telefax or other similar transmission media.

1.3. Application through the patent agent

The application can be submitted by the applicant directly or through the patent agent registered in Kyrgyzpatenta.

The physical persons living outside the Kyrgyz Republic, either foreign legal entities, or their patent agents run the business connected with receipt of the patent, and also protection of the invention only through the patent agents registered in Kyrgyzpatenta, except for procedures, connected with establishment of date of application, payment of duties, provision of the copy of the prior request in case of purchase of conventional priority, provision of the copy of earlier submitted application, receipt of receipts and Kyrgyzpatent's notifications concerning the above-named procedures, payment of duty on maintenance of the patent in force and also if other procedure is not established by the international agreement with participation of the Kyrgyz Republic.

2. Request for the invention

2.1. Subjects of the invention

According to part 8 of article 5 of the Law the device, method, substance, strain of microorganism, culture of cages of plants and animals, and also use of the device known earlier, method, substance, strain on new appointment or any other new achievement in all areas of the equipment and technology can be subjects of the invention.

2.1.1. Subject of the invention - "device"

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

2.1.2. Subject of the invention - "method"

Processes of accomplishment of actions over material object by means of material objects belong to methods as subjects of the invention.

2.1.3. Subject of the invention - "substance"

Treat substances as subjects of the invention:

- individual chemical compounds to which high-molecular connections and objects of genetic engineering are also conditionally referred;

- compositions (structures, mixes);

- products of nuclear transformation.

2.1.4. Subject of the invention - "strain of microorganism, culture of cages of plants and animals"

As to subjects of the invention treat strains of microorganism, culture of cages of plants and animals:

- individual strains of microorganism, culture of cages of plants and animals;

- consortia of microorganisms, cultures of cages of plants and animals.

2.1.5. Subject of the invention - "application known before the device, method, substance, strain on new appointment"

Their use according to other predistination belongs to application known before the device, method, substance, strain on new appointment as to subject of the invention.

The first use of the known substances (natural and artificially received) for satisfaction of public requirement is equated to application on new appointment.

2.2. The offers which are not recognized by inventions

According to part 9 of article 5 of the Law are not recognized inventions:

- scientific theories and mathematical methods;

- methods of the organization and management of economy;

- symbols, schedules, rules;

- methods of accomplishment of intellectual transactions;

- algorithms and programs for computers as such;

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

- the decisions concerning only appearance of products, directed to satisfaction of esthetic requirements;

- topology of integral chips;

- plant varieties and breeds of animals;

- the decisions contradicting public concerns, the principles of humanity and morals, causing environmental damage.

Is not recognized the circumstance influencing patentability of the invention, availability in its structure of algorithms and programs for computers if they are part of the invention.

2.3. Requirement of unity of the invention

According to part 1 of article 18 of the Law the request shall belong to one invention or group of the inventions connected among themselves so that they meet the requirement of unity of the invention.

The unity of the invention is recognized observed if:

- in the formula of the invention having one independent Item one invention is characterized;

- in invention formula in several independent Items the group of inventions is characterized:

- one of which is intended for obtaining (production) of another (for example, 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 appointment and method with their use in connection therewith appointment; use of the device or substance on new appointment and the device or composition which component they are);

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

2.4. Structure of the request

According to part 2 of article 18 of the Law the request shall contain:

- the petition with indication of the author (authors) of the invention and person (persons) addressed to whom, (which) the patent, 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 field;

- the invention formula expressing it essence and which is completely based on the description;

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

- paper.

2.5. The documents attached to the request

(1) the document confirming payment of duty in the established size or the bases for duty relief for application and also for reduction of its size which can be provided in case of application or within two months, on condition of payment of additional duty (part 3 of article 18 of the Law) is attached To the request.

In case of non-presentation of the specified document at the scheduled time the request is recognized withdrawn.

(2) the power of attorney issued to him by the applicant and certifying its powers, or the copy of the power of attorney certified properly is attached To the application submitted through the patent agent.

The power of attorney on representation before Kyrgyzpatent which is drawn up in the Kyrgyz Republic is made in simple written form and does not require notarial assurance. The power of attorney which is drawn up outside the Kyrgyz Republic is constituted according to the procedure and for the term, the stipulated by the legislation countries where it is made, and in case of availability of doubts in its reliability - upon the demand of Kyrgyzpatent is legalized in consular establishment of the Kyrgyz Republic, except cases when legalization is not required owing to international treaties of the Kyrgyz Republic or on the basis of the principle of reciprocity.

The power of attorney can be issued to the patent agent registered in Kyrgyzpatenta on representation of interests of the physical person living outside the Kyrgyz Republic, or the foreign legal entity both by this person, and to the patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney, or their copies which are drawn up properly are represented.

The power of attorney shall answer the following conditions:

- the power of attorney is signed by the issued her face;

- the power of attorney is issued addressed to the physical person registered in Kyrgyzpatenta as the patent agent;

- in the power of attorney the amount of powers of the patent agent shall be specified;

- in the power of attorney date of its making without which it is invalid shall be specified.

If the power of attorney is issued addressed to several patent agents registered in Kyrgyzpatenta, then business on receipt of the patent on the request is run by any of them.

Any action of the patent agent on which he is authorized in the power of attorney is regarded as action of the applicant.

(3) the copy of the first application submitted by the applicant in the State Party of the Parisian convention (further - the first request is attached To the request with purchase of conventional priority) which is represented no later than four months from the date of submission of the conventional request in Kyrgyzpatent. If it is several first requests, copies of all these requests are attached.

If applicants in the conventional request and the provided copy are different, also pereustupochny act shall be provided.

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

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 the date of application in Kyrgyzpatent.

2.6. Submission of documents

2.6.1. Request language

According to part 2 of article 17 of the Law the petition is submitted on Kyrgyz or Russian.

The invention formula, its name, the name (name) of the applicant and owner of the patent shall be provided in the Kyrgyz and Russian languages.

If other documents of the request, and also documents, requests submitted during conducting examination, move in other language, transfer on Kyrgyz or Russian is applied to them. Responsibility for the accuracy of transfer is born by the applicant.

Transfer on Kyrgyz or Russian shall be provided by the applicant no later than three months from the date of application to Kyrgyzpatent.

According to the petition of the applicant the term of representation of the specified materials can be prolonged or recovered in case of its violation, in case of confirmation of availability of reasonable excuses and payments of the corresponding duty (part 3 of article 17 of the Law).

2.6.2. Number of copies

The documents of the request specified in Item 2.4 of these rules, constituted on Kyrgyz or Russian, are represented in duplicate. The same documents if they are constituted in other language, are represented in one copy, and their transfer on Kyrgyz or Russian - in duplicate.

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

3. Contents of documents of the request

3.1. Petition

(1) the Petition is submitted in the form given in appendix to these rules.

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: "see appendix on additional leaf".

(2) the Graphs of the statement located over the word "statement" are intended for introduction of details after receipt in Kyrgyzpatent, and are not filled with the applicant.

(3) data in the Kyrgyz and Russian languages about person (persons) for whose name the patent is asked are provided In the column containing request for extradition of the patent of the Kyrgyz Republic after the words "addressed to": surname, name (and middle name if it is available) physical person, and the surname is specified before name, or the official name of the legal entity (according to the constituent document), and also data about them respectively residence, the location, including the official name of the country and the address.

Further the similar information about the applicant (applicants) is provided in the same column under code 71. Data on residence of the applicants who are authors of inventions are not provided in this column, and stated only in the graph under code 97.

For the companies, the organizations of the Kyrgyz Republic addressed to which the patent is asked the RCBO code is specified.

For the foreign legal entities or physical persons living outside the Kyrgyz Republic addressed to whom the patent is asked the country code according to the standard of the ST.3 World Intellectual Property Organization (WIPO) is specified (if it is established).

If persons addressed to whom the patent is asked and/or applicants a little, the specified data are provided for each of them.

If the patent is asked addressed to the applicant (applicants), instead of the information about person (persons) for whose name the patent is asked, after the words "addressed to" are quoted "the applicant (applicants)".

(4) Graff, containing request for establishment of priority, it is filled only when the priority earlier, than date of application in Kyrgyzpatent 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 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 on it).

If the priority is asked based on several earlier 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.

(5) 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 the Kyrgyz and Russian languages.

(6) the name or the name of the addressee which shall meet regular requirements of bystry post delivery, and phone number, telex, the fax are given In the graph under code 98 the address for correspondence (if they are available).

As the address for correspondence can be specified the residential address of the applicant (one of applicants) - the physical person living in the Kyrgyz Republic or the location address in the Kyrgyz Republic of the applicant - the legal entity, or the address of the location of the patent agent registered in Kyrgyzpatenta or other address in the territory of the Kyrgyz Republic.

(7) the information about him is provided In the column under code 74, which is filled in only in case before application the patent agent is appointed the applicant: surname, name (and middle name if it is available), registration number in Kyrgyzpatenta, the location address in the Kyrgyz Republic, phone numbers, telex, the fax (if they are available).

(8) the Column "The List of the Enclosed Documents" 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.

(9) In the column "Basis for Emergence of the Right to Application and Receipt of the Patent" prostanovky the sign "X" the corresponding basis (bases) for application and receipt of the patent is noted. The specified column is filled in in cases when the patent is asked addressed to the applicant (applicants), except as specified, when the list of applicants matches with the list of authors.

(10) the information about the author (authors) of the invention is provided In graphs under codes 72, 97: surname, name (and middle name if it is available), the name of the country (code according to the VOIS ST standard. 3) and residential address.

(11) If the author assigned the right to the patent to the applicant, its signature and date are provided in the column which is to the right of the column having code 97,.

(12) Graff, located directly under the graphs having codes 72 and 97, it is filled only when the author (authors) asks (ask) not to mention him as that data on patent grant, (those) in case of the publication. In this case unnecessary is crossed out, the surname, name (and middle name if it is available) each of the authors who wished not to be mentioned in case of the publication, and their signature are given.

(13) the Penultimate column of the second page of the statement is filled in only when the right to the patent is transferred by the author's legal successor. The information about such legal successor is provided in it: the surname, name (and middle name if it is available), the residential address of physical person or the official name and the address of the location of the legal entity fastened with its signature from prostanovky date (in case the legal successor of the author is legal entity, is given the signature of the head).

(14) Filling of the columns of the statement stated above in subitems (11) - (13), it can be replaced with representation along with the statement of the documents containing the data and signatures provided by these graphs.

(15) Filling of the last column of the statement "Signature" with indication of signature date surely in all cases. The application is signed by the applicant, and also person for whose name the patent is asked if it is not applicant. On behalf of the legal entity the application is signed by the head of the organization with indication of its position. The signature is sealed.

In case of application through the patent agent the application is signed by the patent agent.

(16) Signatures in the graphs of the statement stated above in subitems (13) and (15) are deciphered by specifying of surnames and initials of the signing person.

(17) in case of reduction of these or those data requiring the signature on additional leaf, it is signed in the same procedure.

Availability of the signature of the applicant or patent agent on each additional leaf is obligatory.

3.2. Description of the invention

3.2.1. Purpose of the description

The description of the invention shall open the invention with the completeness sufficient for its implementation.

3.2.2. Structure of the description

The description begins with the name of the invention (and in case of establishment of heading of the current version of MPK to which the declared invention belongs, - and index of this heading) and contains the following Sections:

- area of the equipment to which the invention belongs;

- equipment level;

- essence of the invention;

- the list of figures of drawings and other materials (if they are applied);

- the data confirming possibility of implementation of the invention.

Replacement of the Section of the description with sending is not allowed to source which contains necessary data (to the reference, to the description in earlier submitted application, to the description to the security document, etc.).

3.2.3. Name of the invention

The name of the invention shall correspond to its essence and characterize purpose of object.

The name is stated in singular. The exception is constituted:

- names which are not used in singular;

- names of the inventions relating to the chemical compounds covered by general structural formula.

The name of the invention relating to individual chemical compound joins its name on one of the nomenclatures accepted in chemistry; also specifying on its specific appointment, and for biologically active соединенийвид biological activity can be given.

The name of the invention relating to method of receipt of high-molecular connection of unspecified structure joins the name of high-molecular connection and specifying if it is necessary, on its appointment.

The name of the invention relating to method of receipt of substance-mix of unidentified structure joins specifying on appointment or biologically active properties of this substance.

The name of the invention relating to strain of microorganism or culture of cages of plants and animals joins the patrimonial and specific name of biological object in Latin with indication of surname (surnames) of the author (authors), type and purpose of strain. The name of microorganism or culture of cages of plants and animals shall be stated according to requirements of the international nomenclature.

The name of the invention relating to application on new purpose of the known device, method, substance, strain is constituted by the rules accepted for the corresponding object and characterizes new purpose of the known object.

The name of group of the inventions relating to objects, one of which is intended for obtaining (production), implementation or use of another, contains the complete name of one invention and reduced - another. The name of group of the inventions relating to objects, one of which is held for use another (in another), contains complete names of the inventions entering into group.

The name of group of the inventions relating to options contains the name of one invention of group added with the word "options" specified in brackets.

3.2.4. Contents of Sections of the description

3.2.4.1. Area of the equipment to which the invention belongs

In the Section of the description "The area of the equipment to which the invention belongs" is specified invention scope. If it is several such areas, preferential are specified. At the same time specific purpose of subject of the invention, and not just industry is specified.

3.2.4.2. Equipment level

In the Section "Equipment Level" the prior level of the equipment in that degree in what it is known to the applicant and which can be considered useful to understanding of the invention, carrying out search and examination of the request for the invention is specified.

Data on invention analogs known to the applicant with allocation from them of analog, the closest to the invention on set of essential signs (prototype) are provided in this Section.

As analog of the invention the means of the same appointment known from the data which became public before priority date of the invention characterized by the set of signs similar to set of essential signs of the invention is specified.

In case of the description of each of analogs bibliographic data of source of information in which he is revealed, analog signs with indication of those from them which match with essential signs of the declared invention are provided, and also the reasons known to the applicant interfering receipt of required technical result are specified.

If the invention belongs to method of receipt of mix of unidentified structure with specific appointment or biologically active properties, as analog the method of receipt of mix with the same appointment or the same biologically active properties is specified.

If the invention belongs to method of receipt of new individual chemical compound, including high-molecular, or object of genetic engineering, data on method of receipt of its known structural analog are provided.

In case of the description of the closest analog of the invention relating to strain of microorganism, culture of cages of plants and animals, substance producer data on the produced substance are provided.

If the invention belongs to use of the device known earlier, method, substance, strain on new appointment, then the known devices, methods, substances, strains of the same appointment belong to its analogs.

In case of the description of group of inventions of the data on analogs are brought for each invention separately.

3.2.4.3. Essence of the invention

(1) the Data disclosing essence of the invention

The essence of the invention is expressed in total essential signs, sufficient for achievement of the technical result provided with the invention.

Signs belong to essential if they influence the achieved technical result, i.e. are in cause and effect relationship with the specified result.

In this Section the declared invention so that it was possible to understand technical task, its decision, with indication of technical result which can be received when implementing the invention reveals.

All essential signs characterizing the invention and necessary for its realization with achievement of technical result are given. The signs distinguishing the invention from the closest analog are allocated.

If the invention provides several technical results (including in specific forms of its accomplishment or under special conditions of use), it is recommended to specify them.

The technical result can be expressed, in particular, in decrease (increase) in coefficient of friction; in prevention of jamming; decrease in vibration; in improvement of blood supply of body; localization of effect of medicine, decrease in its toxicity; in elimination of defects of structure of casting; in improvement of contact of working body with environment; in reduction of misstatement of form of signal; in decrease in infiltration of liquid; in wettability improvement; in prevention of cracking.

If during creation of the invention the problem only of expansion of arsenal of technical means of certain appointment or receipt of such means for the first time is solved, the technical result can consist in realization of this appointment, and its special specifying is not required.

For group of inventions the specified data including about technical result, are brought for each invention separately.

In case of the description of strain of microorganism, culture of cages of plants and animals signs in which it differs from initial or closely related strains are in addition specified.

In case of the description of the invention relating to use of the known device, method, substance, strain on new appointment the characteristic of this known object and bibliographic data of source of information in which it is described are provided, are specified its known and new appointment.

(2) the Signs used for the characteristic of devices

For the characteristic of devices the following signs are used, in particular:

- availability constructive (constructive) element (elements);

- communication availability between elements;

- relative positioning of elements;

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

- 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.

(3) the Signs used for the characteristic of methods

For the characteristic of methods the following signs are used, in particular:

- 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, etc.);

- conditions of implementation of actions; mode; use of substances (initial raw materials, reagents, catalysts, etc.), devices (devices, tools, equipment, etc.), strains of microorganisms, cultures of cages of plants and animals.

(4) the Signs used for the characteristic of individual chemical compounds

For the characteristic of individual chemical compounds the following signs are used, in particular:

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

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

- for individual connections with unspecified to identify the strukturoyfiziko-chemical and other characteristics (including obtaining method signs) allowing them.

(5) the Signs used for the characteristic of compositions

For the characteristic of compositions the following signs are used, in particular:

- high-quality (ingredients) structure;

- quantitative (content of ingredients) structure;

- 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 can be used.

(6) the Signs used for the characteristic of the substances received by nuclear transformation

For the characteristic of the substances received by nuclear transformation the following signs are used, 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).

(7) the Signs used for the characteristic of individual

strains of microorganisms, cultures of cages of plants and animals

For the characteristic of individual strains of microorganisms the following signs are used, in particular:

- kulturalno-morphological characteristic;

- fiziologo-biochemical characteristic;

- hemo-and genotaksonomichesky characteristic;

- kariologichesky characteristic;

- marker characteristics: genetic, immunological, biochemical, physiological;

- biotechnical characteristics: the name and properties of the useful substance produced by strain, the level of activity (productivity), purpose of the strain which is not producer; data on stability of preserving useful property in case of long cultivation, etc.;

- virulence, antigenic structure: immunogenicity, senologichesky features, oncogenicity, sensitivity to antibiotics, antagonistic properties (for strains of microorganisms of medical and veterinary appointment);

- the characteristic of parent strains (partners), the principle of hybridization (for strains of hybrid microorganisms).

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

- family tree of cultures;

- number of passages by the time of certification;

- standard conditions of cultivation;

- cultural properties;

- growth (kinetic) characteristics;

- the characteristic of cultivation in animal organism (for hybridomas);

- cytogenetic (kariologichesky) characteristic;

- cytomorphological characteristic;

- data on specific accessory (for cages of animals, including hybridomas);

- capability to morphogenesis (for cages of plants);

- oncogenicity (for cultures of cages of animals, including hybridomas);

- marker characteristics: cytogenetic, immunological, biochemical, physiological;

- data on contamination (protozoa, mushrooms, bacteria, mycoplasmas, viruses, etc.);

- biotechnical characteristics: the name and properties of the useful substance produced by strain, the level of activity (productivity), purpose of the strain which is not producer; data on stability of preserving useful property in case of long cultivation, etc.;

- cryopreservation method.

(8) the Signs used for the characteristic of consortia of microorganisms, cultures of cages of plants and animals

For the characteristic of consortia of microorganisms in addition to the signs listed for individual strains the following signs are used, in particular:

- origin (allocation source), factor and conditions of adaptation and selection, taxonomical structure, divisibility, number and the dominating components, kulturalno-morphological and fiziologo-biological signs of individual components, type and physiological features of consortium in general;

- taxonomical structure, ratio and substitutability of strains, characteristic of new individual strains.

For the characteristic of consortia of cultures of cages of plants and animals in addition to the signs listed for individual cultures the following signs are used: factor and conditions of adaptation and selection, taxonomical structure, divisibility, substitutability, number and the dominating components, kulturalno-morphological, fiziologo-biochemical and other signs of individual components, physiological features of consortium in general.

(9) Signs, inventions worked in case of the characteristic, belonging to application

For the characteristic of application known before the device, method, substance, strain the short characteristic of the applied object sufficient for its identification, and specifying of this new appointment are used for the new designated purpose.

3.2.4.4. List of figures of drawings and other materials

Except the list of figures, short specifying on what is represented on each of them is given in this Section of the description.

If other materials explaining essence of the invention are provided the short explanation of their content is provided.

3.2.4.5. The data confirming possibility of implementation of the invention

In this Section the possibility of implementation of the invention with realization of the appointment specified by the applicant is shown.

The possibility of implementation of the invention which essence is characterized with use of the sign expressed by general concept, in particular, provided at the level of functional generalization proves to be true or the description is direct in materials of the request of means for realization of such sign or methods of its obtaining, or specifying on popularity of such means or methods of its obtaining.

Also the data confirming possibility of obtaining when implementing the invention of that technical result which is specified in the Section "Essence of the Invention" in case of the characteristic of solvable task are provided in this Section. When using for the characteristic of the invention of the quantitative signs expressed as interval of values the possibility of receipt of technical result in this interval is shown.

(1) the Data confirming possibility of implementation of the invention relating to the device

For the invention relating to the device the description of its design (in static condition) with references to figures of drawings is provided. Digital designations of structural elements in the description shall correspond to their digital designations on drawing figure.

After the description of design of the device its action (work) or method of use with references to figures of drawings, and if necessary - on other explaining materials is described (epyura, temporary charts, etc.).

If the device contains the element characterized at the functional level, and the described form of realization assumes use of the programmable (adjusted) multipurpose means, then the data confirming possibility of accomplishment with such means of the specific function ordered it as a part of this device are represented. If among such data the algorithm is given, in particular, computing, it is preferably presented in the form by flowcharts or if it is possible, the corresponding mathematical expression.

(2) the Data confirming possibility of implementation of the invention relating to method

For the invention relating to method the sequence of actions (acceptances, transactions) over material object, and also conditions of carrying out actions, the specific modes (temperature, pressure, etc.) used at the same time devices, substances and strains are specified if it is necessary. If the method is characterized by use of means (devices, substances and strains) known before priority date, enough these means to specify. When using unknown means their characteristic is provided and, in case of need, graphical representation is applied.

When using in method of new substances the method of their obtaining reveals.

For the invention relating to method of receipt of group (row) of the new chemical compounds described by general structural formula the example of obtaining is given by this method of connection of group (row) and if the group (row) includes connections with radicals, different in the chemical nature, such quantity of examples which is enough for confirmation of possibility of receipt of connections with these different radicals is given. For receipt of the connections entering into group (row) the structural formulas confirmed with the known methods and physical and chemical characteristics are given. In the description also data on appointment or biologically active properties of new connections are specified.

For the invention relating to method of receipt of high-molecular connection of unspecified structure are specified this, necessary for its identification. Data on initial reagents for receipt of connections, and also the data confirming sales opportunity of the purpose of connection specified by the applicant, in particular, data on the properties causing such appointment are provided.

For the invention relating to method of receipt of mix of unidentified structure and structure with specific appointment or biologically active properties, examples include, except the description of acceptances and conditions of carrying out method, data on mix, necessary for its identification, and also the data confirming sales opportunity of the purpose of mix specified by the applicant, in particular, data on the properties causing such appointment.

For the invention relating to method of product receipt which element or product are made of material of unidentified structure and structure data on material and product from it which allow to identify them this about properties of material and operational characteristics of element and/or product are provided.

For the invention relating to method of treatment, diagnostics or prevention of disease of people or animals data on the revealed factors influencing etiopathogenesis of disease or causing communication availability between etiopathogenesis and the used diagnostic indicators, and in case of absence such the svedeniydostoverny data confirming suitability of method for treatment, diagnostics or prevention of the specified disease are provided.

(3) the Data confirming possibility of implementation of the invention relating to substance

For the invention relating to new individual chemical compound with the established structure the structural formula proved by the known methods physical and chemical constants is given and the method by which new connection is for the first time received is described. The possibility of use of this connection on certain appointment proves to be true, and for biologically active compound indicators of quantity characteristics of activity and toxicity, and in case of need - selectivities of action and other indicators are given.

If the invention belongs to means for treatment of certain disease of people or animals, data on the revealed factors explaining influence of its use on disease etiopathogenesis, and in the absence of such the svedeniydostoverny data confirming its suitability for treatment of the specified disease are provided in the description.

If new individual chemical compound is received with use of strain of microorganism, culture of cages of plants and animals, data on biosynthesis method with participation of this strain, data on it, and if necessary - data on deposition of strain are provided.

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