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Contact-center in the city of Almaty: +7 (7273) 44-30-13
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kazpatent@kazpatent.kz

Common mistakes

 

Discrepancy

Standarts

1

Filing applications for objects that are not recognized as inventions and utility models

Paragraph 3 of Article 6 and Paragraph 3 of Article 7 of the Patent Law of the Republic of Kazakhstan.

 

Not recognized as inventions (utility models):

- discoveries, scientific theories and mathematical methods;

- methods of organizing and managing the household;

- reference designation, schedules, rules;

- rules and methods for performing mental operations, conducting games; computer programs and algorithms;

- projects and layout plans for constructions, buildings, territories;

- proposals concerning only the appearance of the products;

- proposals contrary to public order, the principles of humanity and morality.

2

Incorrect title of inventions and utility models

Paragraph 7 of the Rules.

 

The name characterizes its purpose and is accurate and concise. The word “patent”, personal names, familiar names, advertising or trade names, trademarks or abbreviations and terms that do not serve the purpose of identifying a technical solution are not used in the name.

3

The absence in the description of an indication of a technical result or an indication of a result that is not of a technical nature

Paragraph 10.4 of the Rules.

 

     The technical result is a characteristic of the technical effect, properties, phenomena, etc., which can be obtained by the implementation (manufacture) or use of the means embodied in the technical solution.

The technical result is expressed in a decrease in torque, in a decrease in the coefficient of friction, in the prevention of jamming, a decrease in vibration, an increase in antitumor activity, localization of the action of the drug, in the elimination of defects in the casting structure, and in other characteristics that reveal the technical effect.

     The result obtained is not considered to be of a technical nature, in particular, if it: is manifested only as a result of the perception of a person with the participation of his mind; achieved only by observing a certain order in the implementation of certain types of activities on the basis of an agreement between its participants or established rules; consists only in obtaining this or that information and is achieved only through the application of a mathematical method, a program for an electronic computer, or the algorithm used in it; due only to the features of the semantic content of the information presented in one form or another on any medium; lies in entertaining and staginess.

4

The lack of clear disclosure of the invention to ensure the possibility of its implementation, lack of evidence of the implementation of the appointment

Paragraph 12-18 of the Rules.

 

     Description of the invention, revealing it with the completeness sufficient for implementation.

     The information confirming the possibility of implementing a technical solution reveals the possibility of realizing the destination indicated by the applicant and obtaining the technical result indicated in the essence of the technical solution.

5

Claim:

- lack of clarity and accuracy in the feature;

- does not express the essence of the technical solution (does not contain the entire set of essential features sufficient to achieve the specified technical result);

- the introduction of signs that are not related to the claimed object;

- drawing up an item from several sentences

Paragraphs 19, 24, 25, 28-32 of the Rules.

 

     The claims should be clear, precise, based on the description and characterize the invention with the concepts contained in the description.

     The claim should contain the features necessary for identifying the technical solution, that is, the features that answer the question: what must be done so that the technical solution can be implemented in the declared quality, that is, of course, with the achievement of the technical result indicated in the description. The features contained in the claims should indicate how the solution to the problem should be achieved, including only those that characterize the claimed object.

     A claim is set in a single sentence.

6

Failure to comply with graphic design requirements

Paragraph 43 of the Rules.

 

     Graphic images (drawings, diagrams, graphs, drawings, etc.) are made by black indelible clear lines of the same thickness along the entire length, without shading and coloring.

     Drawings, diagrams, drawings are not given in the description and claims.

     Drawings, diagrams and drawings are presented on separate (separate) sheets (sheet), in the upper right corner of which (of which) is the name of the invention.

7

Submission of documents amending the application on the merits

Paragraph 85 of the Rules.

 

     Changes and additions made to the application materials should not change the essence of the invention. Additional materials are recognized as changing the essence of the claimed technical solution, if they contain features to be included in the claim that are not in the original materials of the application.

     The features given in the supplementary materials and to be included in the claim shall be deemed absent in the initial materials of the application, if they were not disclosed in them on the date on which the application for granting a patent, a description of the invention, and drawings were received by the expert organization (if the description contains references on them) or in the claim if it was presented.

     If in the initial materials of the application the feature of the invention was expressed by a general concept without disclosing particular forms of its implementation, then the presentation of such a form of implementation in additional materials with its reference to the feature to be included in the claims is the basis for the recognition of additional materials changing the essence of the claimed invention.

 

 

 
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