- SECTION 1. GENERAL PROVISIONS
- SECTION 2. PATENTABILITY OF INVENTIONS
- SECTION 3. SUBJECTS OF THE RIGHT IN AN INVENTION
- SECTION 4. APPLICATION FOR THE GRANT OF A TITLE OF PROTECTION
- Article 11. Filing an application for the grant of a title of protection
- Article 12. Application
- Article 13. Correction of documents of an application at the applicant’s initiative
- Article 14. Date of filing of an application
- Article 15. Conversion of applications
- Article 16. Confidentiality in the processing of an application
- SECTION 5 .PRIORITY OF AN INVENTION
- SECTION 6. EXAMINATION OF AN APPLICATION
- Article 19. Formal examination of an application
- Article 20. Substantive examination of an application
- Article 21. Preliminary examination of an application for the grant of a petty patent
- Article 22. Withdrawal of an application
- Article 23. Publication of information on an application and grant of a title of protection
- SECTION 7. GRANT OF LEGAL PROTECTION
- SECTION 8. EXCLUSIVE RIGHT TO USE AN INVENTION
- SECTION 9. TERMINATION OF A TITLE OF PROTECTION
- SECTION 10. FINAL PROVISIONS
- Article 35. Rights and privileges of authors
- Article 36. State Encouragement of Creation and Use of Inventions
- Article 37. Consideration of disputes
- Article 38. Liability for an Infringement of Authors' Rights
- Article 39. Fees and procedural payment
- Article 40 Patenting of inventions in foreign countries
- Article 41. Procedure for entry into force of this Law
LAW
OF THE REPUBLIC OF TAJIKISTAN ON INVENTIONS
SECTION 1.
GENERAL PROVISIONS
This Law shall govern proprietary and related personal non-proprietary relations arising in connection with the creation, legal protection and use of inventions on the territory of the Republic of Tajikistan.
Article 1. Basic terms
The terms used in this Law shall have the following meaning:
application – a set of documents determined by this Law and submitted to the Patent Office for obtaining a title of protection;
patent owner – a natural person or legal entity in whose name a title of protection is granted;
invention – a technical solution allowing to resolve specific problems in industry and other spheres of activity;
patent attorney – a national of the Republic of Tajikistan who, in accordance with the legislation, is granted the right to represent natural persons and legal entities before the Patent Office;
objects of industrial property – inventions, industrial designs and utility models resulting from the human intellectual activities;
prototype of an invention –an analog of an invention closest to it by the sum of its essential features;
Paris Convention - the Paris Convention for the Protection of Industrial Property of 20 March 1883 with subsequent changes,
description of an invention - a document of the application in which the invention is disclosed;
claims of an invention - an application document formed on the basis of the description of an invention and containing the sum of the essential features of an invention;
conditions for patentability – conditions for granting legal protection for inventions provided for by this Law;
analog of the invention – a device for the same purpose characterized by essential features similar to the essential features of the invention;
titles of protection – patents and petty patents granted in accordance with this Law;
Article 2. Legislation of the Republic of Tajikistan on inventions
The legislation of the Republic of Tajikistan on inventions shall be based on the Constitution of the Republic of Tajikistan and shall consist of the Civil Code of the Republic of Tajikistan, this
Law and other legislative acts of the Republic of Tajikistan, as well as international legal acts recognized by the Republic of Tajikistan.
Article 3. State body for the protection of industrial property objects
The State body for the protection of industrial property objects (hereinafter the Patent Office) shall implement a unified State policy in the area of legal protection of industrial property objects, receive applications for industrial property objects, examine those applications, perform
the State registration and official publication of information on industrial property objects, issue titles of protection and also carry out other duties, in accordance with the documents establishing the Patent Office.
An Appeal Board shall be set up, attached to the Patent Office, and shall be a mandatory primary body for the settlement of disputes relating to the legal protection of industrial property objects. The Appeal Board shall carry out its authorized functions on the basis of the legislation of the Republic of Tajikistan and the Appeal Board Statute.
The sources of financing of the Patent Office shall include appropriations out of the State budget, procedural payments, as well as the revenue derived from rendering patent and information services.
Article 4. Titles of protection
The right in an invention shall be protected by the State and shall be certified by a patent or petty patent (hereinafter “titles of protection”).
A patent for an invention shall be granted following an examination of the substance of an application for the grant of a patent and shall be valid for 20 years, starting from the date of filing the application with the Patent Office.
A petty patent for an invention shall be granted following a preliminary examination of an application for the grant of a petty patent and shall be valid for ten years from the date of filing the application for an invention with the Patent Office.
A title of protection for an invention shall certify the priority and authorship of, and an exclusive right to use the invention.
Article 5. Legal protection of inventions
The scope of legal protection conferred by a title of protection for an invention shall be determined by the claims. The claims of an invention may be interpreted with the help of a description and drawings.
The effect of a title of protection granted for a production process shall extend to the product directly obtained from the process. The new product shall also be deemed to be obtained from the patented process, in the absence of proof to the contrary.
Legal protection in accordance with this Law shall not be granted to inventions containing a State secret. The procedure for the grant of legal protection for such inventions shall be established by the corresponding legislative act.
SECTION 2.
PATENTABILITY OF INVENTIONS
Article 6. Conditions for patentability of an invention
A technical solution shall be recognized as an invention and granted legal protection, if it is new, involves an inventive step and is industrially applicable.
An invention shall be deemed new, if it does not form part of the prior art.
The prior art shall include any information which, before the date of priority of the invention, has been made available to the public anywhere in the world.
An invention shall be considered to involve an inventive step if it is not obvious from the prior art to a person skilled in the art.
An invention shall be considered industrially applicable, if it can be used in industry, agriculture, healthcare and other fields of human activity
The subjects of an invention may be a device, a process, a substance, a microorganism strain or plant or animal cells and also the use of these subjects with a new purpose.
The following shall not be regarded as inventions within the meaning of the provisions of this Law
- scientific theories and mathematical methods;
- method of organization and management of economy;
- conventional signs, schedules, rules;
- rules and method for performing mental acts;
- algorithms and programs for computers
- projects and lay-out design of constructions, buildings and territories;
- proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;
The following shall not be recognized as patentable within the meaning of the provisions of this Law:
- layout designs of integrated circuits;
- plant varieties and animal breeds;
- proposals contrary to public interests, principles of humanity and morality.
The patentability of an invention shall not be prejudiced by the disclosure of information relating to such invention by the applicant (author) or by any other person who received such information, directly or indirectly, from the applicant, as a result of which the substance of the invention entered the public domain, if the application for such invention is filed with the Patent Office within six months of the date of such disclosure. The burden of proof in such case shall rest with the applicant.
SECTION 3.
SUBJECTS OF THE RIGHT IN AN INVENTION
Article 7. Author of an invention
A natural person whose creative work resulted in the invention shall be recognized as the author thereof. Where an invention results from joint creative work of two or more natural persons, those persons shall be recognized as the joint authors thereof. The conditions for exercising author's rights shall be determined by an agreement between them.
Persons shall not be deemed to be joint authors if they did not make a personal creative contribution to the development of an invention or only provided the author(s) with technical, organizational or material assistance or with help in securing the registration of rights in such invention and in its use.
The authorship right shall be an inalienable personal right and shall be protected perpetually.
Article 8. Applicant
The right to file an application for the grant of a title of protection for an invention shall have:
- the author(s) of the invention;
- the employer in the cases provided for by part two of Article 9 of this Law;
- a legal successor(s) of the author(s) or employer.
Article 9. Patent owner
A title of protection shall be granted to
- the author of an invention;
- a person who is indicated by the author of an invention in the application for the grant of a patent;
- legal successors of the above-mentioned persons.
The right to obtain a title of protection for an invention created by an employee in connection with the fulfillment of his employment obligations or a specific task of the employer shall belong to the employer, unless otherwise agreed in the contract between them.
In the event that the employer fails, for four months after being notified of an invention by its author, to file an appropriate application with the Patent Office or to assign the right to file an application to another person, and (or) to notify the author of the employer’s decision to keep secret the invention concerned, the right to file such application and obtain a title of protection shall belong to the author. The employer shall then have the right to use the invention concerned in his own production operations, subject to compensation payable to the patent owner in an amount to be determined on a contractual basis.
The right to obtain a title of protection for an invention, created by an employee using the experience, material, technical and other resources of the employer, but not in connection with the performance by the employee of professional duties or a specific task set by the employer, shall belong to the employee, unless otherwise agreed by the employer and employee. The employer shall then have the right to use the invention concerned in his own production operations, subject to compensation payable to the patent owner in an amount to be determined on a contractual basis.
Article 10. The right of the author of an invention created in connection with the performance of professional duties
An employee mentioned in part two of Article 9 shall be entitled to remuneration from the employer, commensurable with the gain that the employer derived or could have derived from the proper use of the invention in the event that:
- the employer obtained a title of protection;
- the employer assigned the right to obtain a title of protection to another person,
- the employer decided to keep the information on such invention secret,
- the employer failed to obtain a title of protection on the application filed by the employer due to reasons within his control,
Remuneration shall be paid in the amount and on conditions determined on
the basis of the agreement between the author and the employer.
In the event that the parties fail to reach an agreement on the amount and procedure for payment the dispute shall be settled in the court.
For failure to pay on time the remuneration or compensation determined by the agreement the employer shall be liable in accordance with the legislation of the Republic of Tajikistan.
SECTION 4.
APPLICATION FOR THE GRANT OF A TITLE OF PROTECTION
Article 11. Filing an application for the grant of a title of protection
An application for the grant of a title of protection for an invention (hereinafter – application) shall be filed by an applicant with the Patent Office.
An application may be filed through a patent attorney registered with the Patent Office.
Natural persons permanently residing outside the Republic of Tajikistan, or foreign legal entities or their representatives shall conduct business on obtaining titles of protection and maintaining them through patent attorneys registered with the Patent Office and authorized by a power of attorney.
Nationals of the Republic of Tajikistan, temporarily residing outside the country shall conduct business on obtaining titles of protection and maintaining them through a patent attorney or directly themselves, provided that they supply an address for correspondence on the territory of the Republic of Tajikistan.
The authority of a patent attorney shall be certified by the power of attorney issued by the applicant. The requirements for a patent attorney, the procedure of his attestation and registration shall be determined by the Patent Office.
Article 12. Application
An application for an invention shall relate to a single invention or a group of inventions, so linked as to form a single inventive concept (requirement for unity of invention).
An application shall contain:
- a request for the grant of a title of protection with an indication of the title of the invention, the author(s) thereof and person(s) in whose name the title of protection is requested, as well as their places of residence or business;
- a description of the invention disclosing it fully enough for a person skilled in the art to carry it out;
- the claims stating the essential features of the invention and based on the description;
- an abstract;
- drawings and other materials where necessary for the understanding of the subject matter of the invention.
A request for the grant of a title of protection shall be filed in the official language, other documents of an application may be submitted in other language.
In order to retain the date of filing of an application established in accordance with Article 14 of this Law the translation in the official language of the documents of the application submitted in other language must be furnished to the Patent Office within three months of the date of their receipt in other language.
The application shall be accompanied by a document, certifying the payment of a fee for filing an application in the prescribed amount, or a document, certifying the exemption from patent fees, or reduction of fees which may be submitted together with the application or within a three month period of the day of receipt of the application in the Patent Office.
Other requirements for the documents of an application shall be established by the Patent Office.
Article 13. Correction of documents of an application at the applicant’s initiative