Patents of Invention

– Law of the Republic of Uzbekistan on Patents of Invention, Utility Models and Industrial Designs of May 6, 1994, as amended.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– Patent Cooperation Treaty (PCT), since December 25, 1991.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Strasbourg Agreement Concerning the International Patent Classification, since October 12, 2002.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since January 12, 2002.
– Patent Law Treaty (PLT), since July 19, 2006.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since April 15, 2012.
– (Not yet member of Eurasian Patent Convention).

Filing

Applicant: inventor, his employer or their assignee.

Foreigners: must appoint a local agent in Uzbekistan. 

Protection of foreigners: they enjoy the same rights as Uzbek nationals. 

Kinds of protection: patents.

Patents: can be granted for devices, processes, substances, strains of microorganisms, cultures of plant and animal cells, for use of a known device, process, substance or strain for a new purpose.

Patentability: a patent is granted for an invention, which is new, which has an inventive level and is industrially applicable.

Novelty: an invention is novel if it is not known from the prior art.

Inventive level: if it is not obvious from the prior art. 

Novelty grace period for the inventor: six months.

Exception to protection: scientific theories, methods of economic organization and management, symbols, schedules and rules, methods for performing mental acts, algorithms and computer software, projects and plans for structures and buildings and for land developments, computer programs; decisions relating only to the external appearance of articles, intended to satisfy aesthetic requirements; topographies of integrated circuits, plant varieties and animal breeds, proposals that are contrary to the public interest, humanitarian principles or morality.

Unity of the invention: application for an invention must cover one invention only, or a group of the inventions forming a single inventive concept. 

Priorities: according to the Paris Convention, within twelve months.

Extension of the Conventional term: if an application claiming the Conventional priority could not be filed within twelve months, this term may be extended upon the applicant’s request owing to circumstances over which he has no control, for a maximum of two months with payment of the corresponding fee. 

Domestic first filing requirement: mandatory. An applicant who is an Uzbek national or who has his/her permanent residence or principal place of business in Uzbekistan, must first file the patent application in Uzbekistan before filing in another country. 

Territory covered: the Republic of Uzbekistan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization): date, place, applicant’s name and address, signatory’s position are required;
2. Specification and abstract (may be filed in Uzbek or Russian language - 3 sets (one of them in electronic form - attachments of e-mail messages), or in any other language - 1 set, whereby the corresponding Uzbek or Russian translation must be filed within two months from the filing date);
3. Drawings, 3 sets (A4) (one of them in electronic form - attachments of e-mail messages);
4. Priority document (with the corresponding Uzbek or Russian translation), if claimed, to be filed within three months from the filing date;
5. Payment of the official filing fee (must be paid before filing, prepayment without time limitation, and receipt submitted).

Note: the power of attorney and the Russian or Uzbek translation of the claims must be filed together with the patent application.

Electronic filing: available.

PCT applications: for entry into national phase, the time limit under both Chapter I and Chapter II is 31 months. Amendments of claims for national phase entry of PCT applications:  it is possible to voluntarily amend the claims within the scope of the invention defined in the application materials. Multiple dependent claims are not allowed.  Late national phase entry is possible within twelve months from the missed term; Requirements: request on late filing; request on reinstatement of the missed term with explanation of the reasons of missing the term; additional official fee for the missed period.

For a change of name or address:
1. Certified copy of the document attesting to the change of name or address (no legalization), with the certified translation into Russian, scanned copy is accepted;
2. Power of attorney (no legalization);
3. Payment of the official recordal fee.

Examination Procedure

Examination: a formal examination and a substantive examination. The formal examination starts after a period of two months from the filing date and comprises checking the formal requirements. As a result of the formal examination, the Patent Office may issue a decision refusing protection, or a decision about acceptance of an application for pendency. A negative decision may be appealed before the Patent Office Appeal Board within a three-month term, extendible up to twelve months (that is up to fifteen months from the date of Official Notifications/Office Actions). Any missed term (e.g. non-extended deadline or extended one, but missed) may be reinstated within twelve months from the date of its expiry. Therefore, fifteen months maximum extension may be missed and then reinstated within twelve months. There is the possibility of objecting against an Appeal Board decision in the court within six months of the decision date. Information on the application for invention shall be published in the Official Gazette of the Patent Office after the expiry of a period of eighteen months from the filing date of the application and after the formal examination is completed. To obtain a patent with a validity of twenty years, it is necessary to request a substantive examination within three years after the date of filing the application; grace period of two months. As a result of the substantive examination, the Patent Office will issue either a granting or a refusal decision.

Accelerated examination or PPH/GPPH: not available.

Amendments to the application: voluntary amendments may be submitted to the Patent Office within two months after the filing date without payment of the additional fee, or during the entire period of the formal and substantive examination provided the corresponding fee is paid; additional materials extending or changing the subject matter of an application are not accepted. 

Divisional application: may be filed during the formal or substantive examination (before registration) if the requirements for the unity of the examined invention are not met, or within three months of refusal decision; a divisional application retains the priority of the basic application.

Granting

Granting decision: issued after the substantive examination, if the patentability requirements are met. A negative decision may be appealed by the applicant to the Patent Office Appeal Board within a three-month term. There is the possibility of appealing an Appeal Board decision in the court within six months of the decision date. 

Publication: in the Patent Office Gazette, upon payment of a fee. 

Delivery of document: the patent certificate is issued in paper format only.

Duration: twenty years from the filing date. Note: the duration of pharmaceutical or pesticide patents for which use permit is required can be extended for the period accounted from the filing date to the date of first permission to use the pharmaceutical or pesticide preparation, but not longer than for five years.

Extension: not longer than five years, at the owner’s request if it is provided by law.

Annuities: the first three or more years since the date of filing the application until the date of payment plus one year (may round to whole amount of years) of protection are paid with the granting fees. Further payments are carried out annually.

Annuity grace period: six months. It is possible to renew the validity of the patent within a three-year period as of the date of expiration of its validity due to non-payment of fees.

Modification of Protection after Granting

Opposition: anyone may file an opposition to the validity of a patent at any time on the following grounds: non-compliance of the protected subject matter with the requirements of patentability; the presence in the invention claims of characteristics missing from the original application documents.

Invalidation: possible, based on unlawful grant of a patent during the whole life of the patent.

License: must be registered, but may be recorded only after issuance of a granting decision or a patent.

Assignments: must be registered with the Patent Office.

Infringement: penal provisions provided. The Law establishes the minimum and maximum amount that can be collected as a fine.