| | az | en

CALENDAR

Mo Tu Th We Fr Sa Su
2345678
9101112131415
16171819202122
23242526272829
3031
Patent/Rules for submitting claim applications/Invention
Print version
1. CLAIM APPLICATION FOR INVENTION
1.1 Content of the claim application
Claim application for a invention contains:
- application (special form sheet) for patent granting with the indication of the author (authors), the legal and natural person in the name of which patent granting is requested , as well as their address of location and residence;
- description of the invention, clarifying its substance and providing sufficient clarity for its realization;
- formula based on the description of the invention and expressing its substance;
- drawings and other materials necessary for understanding the substance of the claim object;
- abstract;
-document approving the payment of the fee in the amount defined for the claim application.
If the claim application is submitted by a patent agent or by the representative of the claimant, the letter of attorney is also enclosed to the documents submitted by the claimant.
2. PRIORITY RIGHT
The priority of invention can be established from the date of the submittal of the developed according to the above-mentioned claim application to the Committee; from the date of the receipt of supplementary materials; from the date of the submittal of the first claim application in a country member to Paris Convention; from the date of its demonstration at an official international exhibition organized in the territory of a country participating in Paris Convention.
3. SUBMITTAL OF THE CLAIM APPLICATION
3.1. SUBMITTAL OF THE CLAIM APPLICATIONFOR INVENTION
3.1.1. Explanation of the invention
Description of the invention shall clarify its substance in a degree sufficient for its realization. The description of the invention forms the basis of the claim application and approves the level of legal protection defined by the formula of the invention. Before receiving the decision of the preliminary examination, claimant enjoys the right to make changes in the formula with due attention to defined rules and without changing the substance of the invention.
Inclusion of features lacking in the description into the formula of the invention, generalizations, and concretizations without justifications in the description of the object is not allowed.
3.1.2. Requirement to the unity of the invention
Claim application shall belong under one invention or a group of them with unity between each other.
A group of inventions includes the inventions belonging to different objects, as well as the ones belonging to an identical object, for instance versions of one invention or the invention as a whole and one of its parts. Unity requirement is deemed to be fulfilled, when the expected technical result is attained by the inventions based on the same principle and it is reflected by the interrelation between the evidences defining the technical result of the invention.
For instance, if versions of invention are indicated in the formula, and the technical solution is received by clarification of the group of "A" featured evidences (elements) and in the other claim of the formula a completely another invention version characterizing that "A" feature by other means (evidences) is described, then the requirement of unity is deemed to be fulfilled. An important term is that the given group of evidences does not belong to the independent claims of the invention formula. Together with intermediate substance, the final substance can be claimed to be an independent invention without violation of the unity requirement in invention group, with the provision that, intermediate and final substances have common important structural elements. Unity requirement in inventions belonging to intermediate and final substances with indefinite structure can be deemed fulfilled in case the similarity of technical characteristics necessary for receiving technical solution is indicated.
3.1.3. Description of the invention
Description of the invention shall clarify its substance in a degree sufficient for its realization.
Description of the invention shall reflect the technical problems to be solved by the claimant, as well as the ways and means of this solution.
Standardized terms and definitions are used in the description of the invention.
Unique term is used for the expression of the same elements The name of the invention characterizes its assignment and conforms to its substance.
Name of the invention belonging to individual compound include name of the individual compound in accordance with one of nomenclatures adopted in the chemistry field, indication of its assignment, and type of biological activity for the names of biologically active compounds. Name of the invention, belonging to the method for receiving the compound (substance), content of which is not defined, include indication of its assignment or biological activity characteristics of the substance.
Name of the invention belonging to animal and plant cell culture or microbial strain include Latin name of the type and generation of the biological object, type and assignment of the strain.
Name of the invention belonging to the new assignment application of a known device, method or substance is prepared in accordance with the rules adopted for the relevant object and expresses the new assignment of the known object.
By picking up the analogue closest to the invention in accordance with cumulative evidences, information is given about known analogues to the claimant.
Instruments of the same assignment known by the priority date and the bibliographical index of the information source of analogue elucidation is shown as the analogue of the invention.
If the invention belongs to the method for receiving compounds, with concrete assignment but content of which is not defined or biologically active compounds, the method for receiving compounds with the same assignment and biologically active character is shown as an analogue.
Upon description of the analogue attention shall be given to the clarification of the technical solution of the given problem and invention:- expression of the essence of the invention influencing (being in reason and result relation with it) the achieved technical solution and defined with the unity of important evidences of the invention.
However, the evidences differentiating the invention from the closest analogue are defined if necessary.
In case of the description of animal and plant cell culture or microbial strain, the evidences different from first or close relative strain are also indicated.
If the inventions object is an "installation" its static state is described by reference to drawing figures. And later on the operation of the installation is described.
For invention belonging to method, sequence terms of the operation carried on the material objects, concrete modes and implementation tools are indicated. Moreover at least one example about the implementation of the invention is given in detail. In case of the usage of new substances in the method, the ways for receiving them are clarified as well.
If invention belongs to composition, the ingredients contained in the composition, their characteristics and examples with given quantity correlation are included.
In case of the usage of new substances in the method, the ways for receiving them are clarified as well.
For invention belonging to a new compound with defined structure, structural formula, physicochemical constants and the method for receiving the compound is indicated. The possibility for using this compound for a certain assignment is proved.
If the invention belonging to a microbiological process or a substance in which microorganism is used can not be described in claim application, the claimant shall enclose the document proving the deposition of the microorganism not later than the date of submittal of this document.
3.1.4 Formula of invention
Formula of the invention defines the degree of legal protection and shall be based on the description of the invention. Descriptions and drawings provide the explanation of the formula. Formula of the invention can contain two clearly expressed parts. One of them is the part with the features overlapping with the features of the closest analogue (prior art) and one containing the features different from the closest analogue (differentiating part)
Formula of the invention is deemed to express its essence if all the main features of the invention, namely the important features necessary for achieving the technical result is included.
If it is purposeful, the formula of the invention can be formulated without being divided into two groups, i.e. without specifying innovations.
In case of the characterization of the following, invention formula is drawn up without being divided into limiting and differentiating parts
- individual chemical compound;
- animal and plant cell culture, microbial strain;
- new assignment application of previously unknown device, method, substance or strain;
- inventions without analogues.
Independent claim of the invention belongs under one invention.
Depending on the number of utility models for which legal protection is required, utility model formula can comprise several independent claims and claims subsidiary to them.
Formula of invention can express alternative form for performing it with one or several claims of the invention.
Invention formula having claims belonging to different objects can be included into the claim application.
For instance:
- For independent claim belonging to device, substance or microorganism, the independent claim belonging to the method intended for receiving the substance or preparing the device or the independent claim belonging to the application of this device, substance or strain;
- Independent claim belonging to method and independent claim belonging to the device intended for the implementation of this method;
- For independent claim belonging to device, substance or microorganism, independent claim belonging to the method intended for receiving the substance or preparing the device and independent claim belonging to the device intended for the implementation of the method.

3.1.5. Abstract
Abstract is aimed at giving information about the invention and contains brief information about the invention. Abstract starts with the name of the invention and characterizes the essence of the invention briefly by indicating the obtained technical results and the characteristics of the technical field to which the invention belongs.
In the abstract the essence of the invention is characterized by free commenting upon the formula of the invention and by keeping all the important features of the invention. If necessary, the abstract can include drawings or explanatory materials as well.

18.12.2014

 ..."Baranina" (mutton) sausage of "Kristal CF" trademark produced by "Orxan SS" firm was detected in the trade network without the appropriate certificate...

read more
16.07.2014

...The state control measures have been fulfilled in "Mersin" café, located in M.F Akhundov avenue, city of Sheki, owned by an individual Yildirim Mahabbat Abdushakor...

read more
30.06.2014

..."Chinarli" restaurant located at the address of Khan Shushinski 9 str., Nasimi district, Baku city owned by a natural person Yashar Hasanov was investigated by the ...

read more

DECREE

                                                                

20.06.2017
read more
VİDEO NEWS
13.06.2014
Experimental- test centre(AzTEST) of SCSMP started tests of animal meats with DNA extraction method.
CALL CENTRE
SUBORDINATE STRUCTURES
Copyright © 2010 Azərbaycan Respublikasının Standartlaşdırma, Metrologiya və Patent üzrə Dövlət Komitəsi! All rights reserved.
Created by  Lider web studio