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Legislative Implementation of Flexibilities - Uzbekistan

Title:Articles 20, 21 and 23 of the Law on Inventions, Utility Models and Industrial Designs of 29/08/2002
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 20

State examination of an application for the grant of a patent

The Patent Office shall conduct a State examination on an application for the grant of a patent, consisting of a formal examination, an examination of the application for a utility model, and a scientific and technical examination of the substance of the application for an invention or industrial model (hereinafter - substantive examination).

Within two months of the filing date of an application for the grant of a patent, the applicant shall be entitled to make amendments or clarifications thereto, or to include additional documents, without changing the essential features of the claimed industrial property subject matter.

In the case of an application for the grant of a patent, compiled in violation of the established requirements, the applicant shall be requested to provide, within three months of the date of dispatch, corrected or missing documents.

Where an applicant does not provide, within the period indicated, the requested documents or does not submit a request to extend the established period, an application for the grant of a patent shall be considered to have been withdrawn.

Corrections, clarifications or additional documents relating to an application for the grant of a patent may be submitted after the period in question has expired, but not once a decision has been taken to grant a patent, provided that the patent fee has been paid.

In the case of an application for the grant of a patent, filed in violation of the requirements of unity of industrial property subject matter, the applicant shall be invited, within three months of the date of dispatch to him of the corresponding request, to state which subject matter should be examined, and to clarify the application documents accordingly. The other subject matter forming part of the original application documents may be separated into individual applications. If an applicant does not state which subject matter should be examined, and does not provide clarified documents, a State examination shall be conducted of the subject matter indicated first in the claims for the invention or utility model, or in the description of the industrial design.

Deadlines missed by an applicant for the submission of materials following a State examination request may be re-established by the Patent Office, provided that the causes of the unavoidable postponement of the established deadline are confirmed and the patent fee is paid. A request to re-establish a missed deadline may be filed by the applicant not later than 12 months from the day on which the missed deadline expires.

Up to the time of State registration of industrial property subject matter in the appropriate State register, an applicant may withdraw an application for the grant of a patent at any stage of the State examination.

The information contained in documents for applications for the grant of a patent shall be kept secret by the Patent Office, and details thereof shall not be supplied without the consent of the applicant or patent owner. The dissemination of the information contained in application documents, prior to official publication of information on the registration of industrial property subject matter, shall give rise to liability in accordance with the law.

Applications for the grant of a patent, accepted for consideration by the Patent Office, shall not be returned to applicants.

Article 21

Formal examination

A formal examination shall be carried out by the Patent Office after a period of two months from the filing date of an application for the grant of a patent. At the applicant's request, a formal examination may be undertaken before the period in question expires. In this case, from the time the request is filed the applicant shall be deprived of the rights to add to, correct and refine the application documents at his own initiative, without the payment of an additional patent fee.

During a formal examination, it shall be examined whether the claimed proposal complies with the industrial property subject matter for which legal protection is granted. Based on the results of the formal examination, the Patent Office shall inform the applicant of the decision.

An applicant may lodge an appeal with the Appeal Board concerning a decision of the Patent Office, within three months of the date on which the decision is dispatched. The appeal shall be examined by the Appeal Board within two months of the date of its receipt.

An Appeal Board decision may be appealed in the courts within six months of the date of its adoption.

Article 23

Substantive examination

The Patent Office shall conduct a substantive examination provided that the patent fee has been paid. The patent fee may be paid within three months of the date of dispatch to the applicant of the decision for a formal examination concerning the acceptance of an application for the grant of a patent for consideration. Where the deadline in question is not respected, an application shall be considered to have been withdrawn.

If, as a result of a substantive examination, it is established that subject matter claimed as an invention, expressed as a formula proposed by the applicant and subject matter claimed as an industrial design, expressed in terms of all its essential features, as proposed by the applicant, meet the established requirements, the Patent Office shall decide to grant a patent.

In establishing that subject matter claimed as an invention or an industrial design fails to comply with the requirements of patentability, a decision shall be taken to refuse to grant a patent.

An applicant may lodge with the Appeal Board an appeal concerning a decision of the Patent Office within three months of the date of its dispatch. The appeal shall be examined by the Appeal Board within four months of the date of its receipt.

An Appeal Board decision may be appealed in the courts within six months of the date of its adoption.

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