ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of June 30, 2015 No. 363

About modification and amendments in the order of the acting minister of justice of the Republic of Kazakhstan of April 23, 2010 No. 136 "Some questions of legal protection of objects of industrial property"

For the purpose of reduction in compliance with the Law of the Republic of Kazakhstan of April 7, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning legal regulation of the sphere of intellectual property", I ORDER:

1. Bring in the order of the acting minister of justice of the Republic of Kazakhstan of April 23, 2010 No. 136 "Some questions of legal protection of objects of industrial property" (registered in the Register of state registration of regulatory legal acts No. 6234, No. published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan 16, 2010 (date of exit of circulation on December 15, 2010) to make the following changes and additions:

in Rules of giving and consideration of the request for patent grant for selection achievement:

state item 4 in the following edition:

"4. The application is submitted to the expert organization directly, goes by mail or in the form of the electronic document certified by the digital signature.";

state Item 5 in the following edition:

"5. According to Item 2 of article 5 of the Law the physical persons living outside the Republic of Kazakhstan or foreign legal entities run business on receipt of patents and their maintenance in force, give objections to appeal council and take part in their consideration, only through the patent agents of the Republic of Kazakhstan registered in authorized body if other procedure is not established by the international treaty with the Republic of Kazakhstan.

The physical persons who are constantly living in the Republic of Kazakhstan, but temporarily being beyond its limits 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.

According to Item 3 of article 5 of the Law the request for patent grant is drawn up on one selection achievement and contains:

1) the petition (further - the statement);

2) questionnaire of selection achievement;

3) the power of attorney, in case of record keeping through the representative.";

state Item 6 in the following edition:

"6. The document confirming application payment, and the document confirming the bases for reduction of its size (the participants and disabled people of the Great Patriotic War, disabled people studying in the organizations of education realizing the general education training programs of primary, main secondary, general secondary education studying in the organizations of education realizing professional training programs of technical and professional education, postsecondary education, the higher education, subjects of small and medium entrepreneurship) which are provided together with the request or within two months from receipt date of the request is attached to the request for patent grant for selection achievement. On condition of the corresponding payment this term is prolonged, but no more than for two months.";

state Item 7 in the following edition:

"7. The statement and other documents of the request are submitted in the Kazakh or Russian languages. Botanical determinations are written down roman type printing letters.";

state Item 10 in the following edition:

"10. The application is submitted in the SD-1 form according to appendix 1 to these rules and filled in with observance of the following procedure:

1) in case of impossibility of placement of data completely in the corresponding graphs, them are provided in the same form on additional leaf with indication of in the corresponding column of the statement: "see 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", "Priority", the column under code 21, 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) 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 the applicant(s)": the surname, name and middle name (in case of its availability) (further - full name) physical person, and surname is specified before name, or the full official name of the legal entity according to the document on state registration (the copy is attached), and also data about them respectively the 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 Kazakh or Russian. Place of residence of the applicants who are authors of selection achievement is given in the second column of the column under code 72.

For the 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 3 of World Intellectual Property Organization is specified (further - VOIS).

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

4) columns under codes 31, 32 and 33, containing request for establishment of priority, are filled in when the priority earlier, than date of application in the expert organization according to article 7 of the Law is asked. Prostanovka of the sign "x" in the corresponding cages is marked out date for purchase of priority and are specified requisition number based on which the priority, date of the asked priority (date of application), the country of application, stage of consideration of the request is asked and under what name selection achievement is registered.

The stage of consideration of the request is specified code:

And - the request is under consideration;

In - the request is rejected;

With - the request is withdrawn;

D - the request is satisfied, the patent is granted.

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