Patent/Rules of application submission/Utility model
1.Application for utility model
1.1.Composition of application
The application for utility model shall contain the following:
-author (authors) and legal and physical person (s) asked to grant patents, also application (special form) granting a patent by indication of the location or place of their residence;
-description explaining essence of utility model and generating enough clarity its implementation;
-formula based on description of utility model and stating its essence;
-drawings and other materials required for understanding of the essence of the object of claim;
-document confirming payment of the amount of the fee specified in regard to the application;
If the application is submitted by patent attorney or representative of applicant, power of attorney issued by the applicant shall be attached to the documents.
- PRIORITY RIGHT
The priority of utility model shall be maintained according to the rules from the date of submission of the application prepared in accordance with the above-mentioned, date of submission of additional documents to the Committee, date of receipt of previous application and application explaining the essence of the utility model, date of submission of the first application to the State Party of Paris Convention, date of the official demonstration at the exhibition in the territory of a State Party of the Paris Convention.
- Presentation of applicantion
3.1. Presentation of application to utility model
3.1.1. Disclosure of utility model
The description of utility model shall sufficiently disclose its essence for carrying out utility model. The description of utility model is the foundation of application and confirms the volume of the legal protection defined by the formula of a utility model.
The applicant shall have a right to change formula of the utility model by not changing the content of utility model till getting the decision of expertise.
It is not permitted to insert the features in the formula of utility model that are not in the description, to concretize characteristics not justified in the description of object.
3.1.2. Unity requirement of utility model
The application shall belong to utility model or group of utility models forming a unity among them.
A group of utility models shall include utility models related to different objects, as well as utility models related to similar utility model object, for example utility model options or in general utility model or its part.
The requirement for unity shall considered to be fulfilled if the expected technical result is obtained by the utility models based on the same principle and this is reflected as a mutual link between the features determining technical result of utility model.
3.1.3. Description of utility model
The description of utility model shall disclose the essence of the utility model sufficiently to implement it
The description of utility model shall reflect technical problem to be solved by the applicant, way and means of its solution.
The standardized terms and abbreviations are used in the description of utility model.
The single term is used same elements for the description of the same elements.
The name of utility model characterizes the destination of utility model and is in accordance with the essence of utility model.
The name of group of utility model related to options shall be composed of the name of one utility model included in this group and added “options” shown in the brackets.
By separating the closest analogue to the utility model on the features set, the information shall be given about the analogues known to the applicant.
The means of the same destination and bibliography indicators of information source disclosing analogues shall be shown as analogue of utility model.
In case the utility model object is a "device", a description of the device shall be given static position by reference to the drawing figures, and then the device activity shall be described.
3.1.4. Formula of utility model
The formula of utility model shall determine the size of the legal protection and base on the description of invention. The description and drawings shall ensure the explanation of formula.
The formula of utility model shall consist of two parts expressed clearly; one of them is the part consisting of features with the features of the closest similar (restrictive part) and the other is the parts consisting of features distinguishing utility model from the closest similar (distinctive part).
If all options, i.e. the necessary options for getting technical result are included in the formula of utility model, the formula of utility model shall be considered to express the essence of utility model.
All of the important traits formula of utility model, in the case of included in the necessary traits, for the achieving a technical result, the formula of utility model shall be expressed the essence of utility model.
The formula of utility model by not separating into 2 parts, i.e. if the presentation is acceptable for such method, can be composed by not separating the newness of utility model.
Division into 2 parts that is such procedures shall expedient for the presentation utility model innovation could be compiled without separating.
The non-depending item of formula of utility model shall be attributed to one utility model.
The legal protection of formula of utility model can be composed of few non-depending items and items depending on them based on the number of any utility models.
The depending paragraphs of formula of utility model shall be grouped with the non-depending items and expressed consequently.
The formula of utility model can be expressed by the alternative form of execution by the one or more items of formula of a utility model.
The synopsis is intended to be an information about the utility model and consists of a brief description of information about the utility model.
The synopsis begins with the name of utility model; the synopsis briefly characterizes the essence of utility model by showing characteristics of technique field and obtained technical result.
The essence of utility model in the synopsis shall be characterized by the independent commentary of formula of utility model retaining all main elements of utility model.
If necessary, drawings or other explanatory material can be included in synopsis.