- I. GENERAL PROVISIONS
- Article 1. Aim of this Law
- Article 2. Legislation on industrial property subject matter
- Article 3. State Patent Office of the Republic of Uzbekistan
- Article 4. Patent Office Appeal Board
- Article 5. Legal protection of industrial property subject matter
- Article 7. Patentability requirements for a utility model
- Article 8. Patentability requirements for an industrial design
- II. PERSONS ELIGIBLE TO THE RIGHT TO INDUSTRIAL PROPERTY SUBJECT MATTER
- Article 9. Inventor of industrial property subject matter
- Article 10. Patent owner
- Article 11. The right of a patent owner to use industrial property subject matter
- Article 12. Acts not recognized as an infringement of a patent owner’s exclusive right
- Article 13. Infringement of a patent owner’s exclusive right
- III. APPLICATION FOR THE GRANT OF A PATENT
- Article 14. Filing of an application for the grant of a patent
- Article 15. Application for the grant of a patent for an invention
- Article 16. Application for the grant of a patent for a utility model
- Article 17. Application for the grant of a patent for an industrial design
- Article 18. Priority of industrial property subject matter
- Article 19. Conversion of applications
- IV. EXAMINATION OF AN APPLICATION FOR THE GRANT OF A PATENT
- V. OBTAINING A PATENT FOR INDUSTRIAL PROPERTY SUBJECT MATTER AND THE TERMINATION OF ITS VALIDITY
- Article 24. State registration of industrial property subject matter
- Article 25. Official publication of information on the registration of industrial property subject matter
- Article 26. Grant of a patent for industrial property subject matter
- Article 27. Recognition of a patent for industrial property subject matter as invalid
- Article 28. Termination of the validity of a patent for industrial property subject matter
- Article 29. Refusal of a patent for industrial property subject matter
- VI. USE OF INDUSTRIAL PROPERTY SUBJECT MATTER
- VII. FINAL PROVISIONS
- Article 34. Patent fees
- Article 35. Patent attorneys
- Article 36. Patenting of industrial property subject matter in other States
- Article 37. Rights of foreign natural and legal persons
- Article 38. Settlement of disputes
- Article 39. Liability for the infringement of legislation concerning industrial property subject matter
LAWS OF THE REPUBLIC OF UZBEKISTAN in Sphere of Intellectual Property Rights Protection
LAW OF THE REPUBLIC OF UZBEKISTAN ON INVENTIONS, UTILITY MODELS AND INDUSTRIAL DESIGNS
This law shall be designed to govern relations regarding the creation, legal protection and use of inventions, utility models and industrial designs (hereinafter – industrial property subject matter).
Article 2. Legislation on industrial property subject matter
The legislation on industrial property subject matter shall consist of this Law and other legislative acts.
If an international agreement to which the Republic of Uzbekistan is party establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on industrial property subject matter, the rules of the international agreement shall apply.
Article 3. State Patent Office of the Republic of Uzbekistan
The State Patent Office of the Republic of Uzbekistan (hereinafter – the Patent Office) shall conduct State policy in the field of legal protection of industrial property subject matter.
The Patent Office shall consider applications for the grant of patents for industrial property subject matter (hereinafter – a patent application), carry out a State examination and State registration of such subject matter, grant patents for industrial property subject matter, publish an official gazette, adopt rules and give explanations concerning the application of legislation on industrial property subject matter, and carry out other functions in accordance with the Patent Office Regulations approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Sources of funding for Patent Office activities shall include State Budget resources, patent fees, and also payment for services and materials supplied by the Patent Office.
Article 4. Patent Office Appeal Board
The Appeal Board (hereinafter – Appeal Board) shall be independent in its decision-making and shall be governed in its activities by this Law and other legislative acts.
The Appeal Board shall examine appeals:
- relating to the decisions of the Patent Office regarding claimed industrial property subject matter;
- by the natural and legal persons concerned against the grant of patents for industrial property subject matter;
- against the validity of patents for industrial property subject matter.
Within the limits of its powers, the Appeal Board may also examine other types of appeals.
The Appeal Board Regulations shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 5. Legal protection of industrial property subject matter
The right to industrial property subject matter shall belong to the inventor (joint inventors) or his legal successor(s) and shall be certified by a patent.
If several persons have created industrial property subject matter independently of each other, the right to the patent shall belong to the person who first filed an application for the grant of a patent with the Patent Office.
The inventor (joint inventors) of industrial property subject matter, for which an application has been filed or a patent obtained as a result of unlawful borrowing, shall have the right to challenge the grant of the patent or request the transfer of the patent to him, as the patent owner, by the courts.
A patent for industrial property subject matter shall be granted, once a State examination has been conducted.
A patent for an invention shall certify novelty, inventive step, its activity and the exclusive right of the patent owner to own, use and dispose of the invention.
A patent for a utility model shall certify novelty, its activity and the exclusive right of the patent owner to own, use and dispose of the utility model.
A patent for an industrial design shall certify the novelty and originality of the industrial design, its activity and the exclusive right of the patent owner to own, use and dispose of the design.
The obligation to prove the non-validity of a patent for industrial property subject matter, within the full scope of legal protection or only part thereof, shall lie with the party claiming the non-validity.
The exclusive right of a patent owner shall be considered valid from the date of publication of the information concerning registration of industrial property subject matter in the Patent Office official gazette.
A patent for an invention shall be valid for twenty years (ten years for an industrial design patent and five years for a utility model patent), from the filing date of the application for the grant of a patent with the Patent Office.
The validity of a patent for an invention in the cases provided for by legislation may be extended by the Patent Office at the request of the patent owner, but for a maximum period of five years. The procedure for extending the validity of a patent for such an invention shall be established by the Patent Office.
The validity of a patent for an industrial design and of a patent for a utility model may be extended by the Patent Office, at the request of the patent owner, for five years and three years respectively.
The scope of legal protection provided by a patent for an invention and a utility model shall be defined by their claims, and for a patent for an industrial design by all its essential features and/or the combination thereof (hereinafter – all its essential features), represented in images of the article (mock-up, drawing).
A patent for industrial property subject matter and also the right to obtain such a patent shall be inherited.
Article 6. Patentability requirements for an invention
Subject matter claimed as an invention shall be granted legal protection, if it is novel, involves an inventive step and is industrially applicable.
An invention shall be novel, if it is not known from the prior art.
An invention shall involve an inventive step, if it is not obvious from the prior art.
The prior art shall include any information made generally accessible in the world before the priority date of the invention.
In establishing the novelty of an invention, withdrawn applications for the grant of a patent, filed with an earlier priority, shall also be taken into account.
An invention shall be industrially applicable, if it may be used in industry, agriculture, healthcare and other sectors.
The public disclosure of information relating to an invention, by the inventor, applicant or any person who has received this information therefrom, either directly or indirectly, shall not be recognized as a circumstance influencing the recognition of the patentability of the invention, if the application for the grant of a patent for the invention has been filed with the Patent Office not later than six months from the date of disclosure of the information. In that regard, the obligation to prove the fact in question shall lie with the inventor and the applicant.
The following shall be recognized as inventions:
- devices; - methods; - substances; - strains of micro-organisms; - plant and animal cell cultures; - application of previously known devices, methods, substances and strains of micro-organisms for a novel purpose.
The following shall not be recognized as inventions:
- scientific theories and mathematical methods; - organizational and management methods; - agreed designations, schedules and rules; - rules and methods for carrying out intellectual operations; - algorithms and computer programs; - plans and diagrams for buildings, constructions and land; - decisions relating only to the external appearance of articles, intended to satisfy aesthetic requirements; - topographies of integrated circuits; - plant varieties and animal breeds; - decisions contrary to public interests, principles of humanity and morality.
Article 7. Patentability requirements for a utility model
Subject matter claimed as a utility model shall be granted legal protection, provided that it is novel and industrially applicable.
A utility model shall be novel, if all its essential features are unknown from the prior art.
The prior art shall include all the information made generally accessible in the Republic of Uzbekistan concerning means for the same purpose as the claimed utility model and also information on their application.
A utility model shall be industrially applicable, provided that it can be used in practice.
The public disclosure of information relating to a utility model, by the inventor, applicant or any person who has received this information therefrom, either directly or indirectly, shall not be recognized as a circumstance influencing the novelty of the utility model, if the application for the grant of a patent for the utility model has been filed with the Patent Office not later than six months from the date of disclosure of the information. In that regard, the obligation to prove the fact in question shall lie with the inventor and the applicant.
The constructive design of devices shall relate to utility models.
The subject matter indicated in part nine of article six of this Law shall not be protected as utility models.
Article 8. Patentability requirements for an industrial design
Subject matter claimed as an industrial design shall be granted legal protection, provided that it is novel and original.
An industrial design shall be recognized as novel, if all its essential features are unknown from the information made generally accessible in the world before the priority date of the industrial design.
In establishing the novelty of an industrial design, withdrawn applications for the grant of a patent, filed with an earlier priority, shall also be taken into account.
An industrial design shall be recognized as original, if all its essential features condition the technical character of the features of the article.
The public disclosure of information relating to an industrial design, by the inventor, applicant or any person who has received this information therefrom, either directly or indirectly, shall not be recognized as a circumstance hindering the recognition of the patentability of the industrial design, if the application for the grant of a patent for the industrial design has been filed with the Patent Office not later than six months from the date of disclosure of the information. In that regard, the obligation to prove the fact in question shall lie with the inventor and the applicant.
An artist or designer’s decision determining the external appearance of an article shall relate to industrial designs.
The following shall not be recognized as industrial designs:
- printed products as such; - architectural subject matter (apart from small architectural forms), industrial, hydrotechnical and other stationary constructions; - non-stable subject matter made of liquid, gaseous, friable or similar substances; - decisions determined exclusively by the technical function of an article; - decisions contrary to public interests, principles of humanity and morality.
II. PERSONS ELIGIBLE TO THE RIGHT TO INDUSTRIAL PROPERTY SUBJECT MATTER Article 9. Inventor of industrial property subject matter
The inventor of industrial property subject matter shall be recognized as the natural person whose creative effort led to the creation of the subject matter.
If industrial property subject matter is created by the joint creative effort of more than one natural person, all such persons shall be recognized as its equal joint inventors, unless otherwise agreed by them.
The right of inventorship shall be an inalienable and non-transferable personal non-proprietary right.
Article 10. Patent owner
A patent for industrial property subject matter shall be granted to:
- the inventor (joint inventors) of industrial property subject matter or his (their) heir(s);
- the natural and/or legal persons (with their agreement) indicated by the inventor or his heir in the application for the grant of a patent or in the declaration of amendment of the applicant, filed with the Patent Office prior to registration of the industrial property subject matter;
- an employer in the cases provided for in this article.
The right to a patent for industrial property subject matter, created by an employee in connection with the fulfillment of his/her employment duties or a specific task of the employer, shall belong to the employer where this is provided for by agreement between the employer and employee.
If an agreement between an employer and inventor (joint inventors) does not contain the provisions of the second part of this article, in that case the inventor (joint inventors) shall be entitled to file an application and to obtain a patent for industrial property subject matter in his/her own name. In that regard, the employer shall be entitled to use the corresponding industrial property subject matter in his own production and shall pay appropriate compensation to the patent owner, as defined by agreement.
In cases where an employer keeps industrial property subject matter secret, he shall pay the inventor (joint inventors) appropriate remuneration, the level of which shall be fixed by agreement.
Article 11. The right of a patent owner to use industrial property subject matter
The right to use industrial property subject matter at his/her own discretion shall belong to a patent owner, provided that such use does not infringe the rights of other patent owners, including the right to prohibit the use of the subject matter in question by other persons, excluding the cases where such use in accordance with this Law does not constitute an infringement of the patent owner’s right.
The mutual relations concerning the use of industrial property subject matter belonging to more than one patent owner shall be defined by agreement between such persons. In the absence of such agreement, each patent owner may use the protected industrial property subject matter at his/her own discretion, but shall not be entitled submit an exclusive license therefor or transfer the patent to another person without the agreement of the remaining patent owners.
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