Uzbekistan has the biggest population among all the post-Soviet Asian countries and therefore constitutes an important market for consumer goods. Moreover, the country has rich natural resources, including gold, uranium, copper, and gaz.
Uzbekistan is not a member of the Eurasian Patent Convention, therefore the only way to protect an invention is to apply for a national patent. Uzbek patent applications are filed with the Agency on Intellectual Property at the Ministry of Justice of the Republic of Uzbekistan (www.ima.uz). The prosecution is conducted in the Uzbek or Russian language. NB! The possibility to file the application in the Russian language allows saving costs when filing parallel applications with other PTOs that accept filings in Russian: Eurasian Patent Office, Russian, Belorussian, or Kazakhstani Patent and Trademark Offices.
Uzbekistan participates in the main international IP conventions/agreements, such as the Paris Convention and the Patent Cooperation Treaty (PCT). Therefore, patent filing limitations and requirements in Uzbekistan are consistent with generally accepted international practices.
UZBEK INVENTION PATENT
The patentability criteria include: novelty, an inventive step, and industrial applicability.
An Uzbek patent examination consists of formal examination (2 months from the filing date) and substantive examination (to be requested within 3 years of the filing date). Prosecution of an Uzbek patent application takes on average 2 - 3 years depending on the volume and complexity.
The patent validity term is 20 years. Uzbek inventions related to pharmaceuticals or pesticides may obtain an additional 5-year extension supported by an officially issued certificate.
Deadlines for filing a patent application in Uzbekistan are:
Exception to lack of novelty (the novelty grace period) in Uzbekistan is 6 months before the filing date. A disclosure made during this period by the inventor or any other person receiving the information from the inventor or the applicant does not destroy novelty. The burden to prove the circumstances of disclosure lies within the applicant’s responsibility.
UZ patent costs depend on the volume of a patent application, namely the number of independent and dependent claims over 10, and the complexity of prosecution. Please provide us with the application particulars so we can calculate the filing costs.
Uzbek non-resident applicants are to be represented by local agents who are registered Uzbek patent attorneys. The power of attorney must be submitted in original:
Legalization is not required.
Patent filling requirements in Uzbekistan:
UZBEK UTILITY MODEL PATENT
A utility model patent protects mechanical devices that are novel and industrially applicable. The patent prosecution takes on average 1-2 years. The patent term of 5 years is calculated from the filing date; an additional 3 years of legal protection can be obtained upon request on condition that official fees are paid.
A utility model patent (instead of an invention patent) can be requested by the applicant when entering the PCT national stage.
Sojuzpatent will help you to file your patent applications with the Uzbekistani Patent Office in any technical field with assistance of reliable local agents and will help you professionally through each step of the examination and granting. Our attorneys will take on all the substantive issues in every field of art, our state-of-the-art docketing system will help to keep track of the due dates, and our trusted agents will ensure that all the formalities within the Patent Office are fulfilled. We also provide after-grant guidance on annuities, licenses, assignments, recordation of changes, legal enforcement, litigation, negotiations, mediation, and dispute resolution.
Can I get a patent term extension in Russia?
In case more than five years have lapsed between the filing date of an application for an invention related to a medication, pesticide or agrochemical product (if its use requires authorization) and the date of the first marketing authorisation, the term of the patent shall be extended upon request of the patent owner by the Russian Patent and Trademark office. The term shall be extended for the period computed from the filing date of the patent to the date of the first authorisation minus five years, with the proviso that the term of the patent may not be extended for a period exceeding five years.
The request for extension of the term should be submitted by the patent owner during the term of the patent’s validity within six months after obtaining the first authorisation or of the patent grant, whichever comes last.
Do I have to request a foreign filing license in Russia?
Although a foreign filing license as a separate notion does not exist, all inventions and utility models created in the territory of the Russian Federation should be first filed in Russia and are subject to a six-month security check before going foreign (6 months from the filing date). The applicant may request to reduce this term, but nevertheless, such a reduction is at the discretion of the authorities.
What is the process for validating a Eurasian patent in the respective countries?
One of the convenient features of the Eurasian patent system is the absence of a separate validation procedure. The patent holder chooses the countries in which the patent should be valid simply by paying the requisite annuities. The annuities are paid to the Eurasian Patent Office, and the patent is automatically valid in all the countries for which the payments have been effected.
And even if a patent is declared invalid in some countries due to non-payment of the annuities, it can be reinstated in any of the countries within three years.
Do foreign applicants need a Russian or Eurasian attorney?
It is mandatory according to Russian legislation that foreign applicants be represented before Rospatent (RUPTO) by a Russian patent attorney who is listed in the Russian Register of Patent Attorneys.
Similarly, for prosecution of a Eurasian patent application, applicants having no residence or principal place of business in the territory of any State party to the Eurasian Convention are required to be represented by a registered Eurasian patent attorney.
To be successfully guided through the intricacies of national and regional regulation and to ensure the widest possible scope of protection, it is important for the applicant to retain an experienced patent attorney skilled in the specific technical field.
I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?
According to Article 1361 of the Russian Civil Code, the person who has in good faith used a solution identical to the patented invention before its priority date, retains the right to use the same solution without increasing the scope of its use (the right of prior use). Therefore, the patent holder is entitled to request from the said person that the volume of use not be increased.
It is important to note that if the other party is able to prove that prior use de facto represented public prior use/open use (which means, in general terms, that the solution has been disclosed to the public in sufficient details), there is a threat of the patent’s invalidation on the grounds of lack of novelty.
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