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Common mistakes

Common mistakes that occur when filling out an application for the grant of a patent for an invention / utility model

No.

Incongruity

Norms

1

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

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

They are not recognized as inventions (utility models):

discoveries, scientific theories and mathematical methods; methods of organization and management; the legend, schedules and rules; rules and methods for performing mental acts, playing the games; computer programs and algorithms, as such; projects and plans for structures, buildings, territories; proposals only the appearance of products; the proposals are contrary to public order, the principles of humanity and morality.

2

Incorrect name of inventions and utility models

Clause 7 of the Rules.

The name describes its purpose and is accurate and concise. The name does not use the words "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.

3

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

Clause 10.4 of the Rules.

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

The technical result is expressed in reducing the torque, reducing the coefficient of friction, preventing jamming, reducing vibration, increasing antitumor activity, localizing the action of the drug, eliminating defects in the casting structure and other characteristics that reveal the technical effect.

The result obtained is not considered to be of a technical nature, in particular, if it: manifests itself only due to the peculiarities of human perception with the participation of his mind; is 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 certain information and is achieved only through the use of a mathematical method, an electronic computer program or an algorithm used in it; is caused only by the peculiarities of the semantic content of information presented in one form or another on any medium; is entertaining and entertaining.

4

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

Clause 12-18 of the Rules.

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

In the information confirming the possibility of implementing a technical solution, the possibility of implementing the purpose specified by the applicant and obtaining a technical result specified in the essence of the technical solution is disclosed.

5

Formula:

– lack of clarity and accuracy in the signs;

- 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)–

- introduction of features that do not relate to the claimed object;

– drawing up a paragraph from several sentences

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

The claim of the invention must be clear, precise, based on the description and characterize the invention with the concepts contained in the description.

The formula should contain the features necessary to identify the technical solution, that is, features that answer the question: what should be done in order for the technical solution to be implemented in the declared quality, that is, of course, with the achievement of the technical result specified in the description. The features contained in the claim should indicate how the solution of the problem should be achieved, with the inclusion of only those that characterize the claimed object.

The formula item is presented as a single sentence.

6

Failure to comply with the requirements for the design of graphic materials

Clause 43 of the Rules.

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

Drawings, diagrams, drawings are not given in the description and claim of the invention.

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

7

Submission of documents modifying the application in substance

Clause 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 formula that are not present in the original application materials.

The features specified in the additional materials and subject to inclusion in the formula are considered absent in the original application materials, if they were not disclosed in them as of the date on which the expert organization received the application for the grant of a patent, the description of the invention and drawings (if the description contains references to them). or in the formula, if it was submitted.

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

 

 

When applying for public services "Registration of a trademark", "Grant of a patent for objects of industrial property", "Grant of a patent for a selection achievement", "Registration of an appellation of origin", applicants often make mistakes:

1. the application form is not specified.

2. an application that is not certified by an electronic digital signature;

3. an application with a different template (for example, other applications).

4. the application is signed by another person;

5. an application for the provision of public services is sent before the decision to grant a patent is made, while the application is at the stage of substantive examination;

6. there is no signature or seal of the legal entity when submitting the application in hard copy.

 
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