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.
What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?
There are three different ways of accelerating prosecution of patent applications in Eurasian Patent Office:
How is it possible to speed up prosecution of patent applications in Russia?
One of the ways to accelerate patent prosecution in Russia is the Patent Prosecution Highway (PPH). Currently, the Russian Patent and Trademark Office (RUPTO) has pilot PPH programs with the European Patent Office and the Patent Offices of Japan, US, Korea, Finland, Spain, Denmark, China and Portugal. According to the signed agreements, RUPTO’s patent examiners will take into consideration PCT and national/regional work products. Filing the PPH request, the client may count on receiving fewer office actions and consequently decreasing the term of prosecution.
Another way is the RUPTO’s paid service allowing the applicant to receive the search report within 10 working days. The search results allow decreasing to two months the term of issuing the first office action or the decision of grant. The official tariff charged for this service amounts to 94,400 RUR.
Can an inventor file an application for an invention that was disclosed by the inventor in specialized literature earlier?
There is a so-called six month novelty grace period. The disclosure of information relating to the invention by the inventor, applicant or by any person having obtained the information directly or indirectly from them (including when invention is displayed at an exhibition), as a result of which information on the subject matter of the invention has become publically available, does not destroy the novelty of the invention provided that the patent application was filed with the RUPTO within six months from the date of the information disclosure.
Can the applicant file voluntary amendments during the processing of a Russian invention patent application?
It goes without saying that an applicant can file amendments to the application in response to an office action. In addition, he or she has an opportunity to file voluntary amendments (irrespective of received office actions) once, at any time after receiving the search report.
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.
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