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-Definition of patent / utility model and differences
-Inventions that can be protected
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Invention is a solution of a technological problem. 1) Patent with Examination: It is based on the international search report and the international examination report. The estimated time for registration is 30 months. 2) Patent without Examination: It is based on only the international search report. The estimated time for registration is 20 months. 3) Utility model: It is neither based on the international search report nor the international examination report. These are optional for the utility applications. The estimated time for registration is 12 months. DIFFERENCES BETWEEN PATENT / UTILITY MODEL
PROPERTIES OF PATENTABLE INVENTIONS Novelty: Any invention which is not part of/comprised in the State-of-the-Art shall be deemed to be novel State-of-the-Art: An invention shall be deemed to surpass the State-of-the-Art (to involve inventive activity/step) when it is the result of an activity which is not obviously realizable from the State-of-the-Art, by a person skilled in the concerned technical field. Applicable in industry : An invention shall be regarded as being applicable in industry where it is susceptible to be produced or used in any given field of industry, including agriculture. NON-PATENTABLE SUBJECT MATTER AND INVENTIONS -Discoveries, scientific theories, mathematical methods; - Plans, methods, schemes/rules for performing mental acts, for conducting business/trading activity, and for playing games. - Literary and artistic works, scientific works, creations having an esthetic characteristic, computer programs. - Methods involving no technical aspect, for collecting, arranging, offering/presenting and transmitting information/data. - Methods of diagnosis, therapy and surgery applying to human or animal body. -Inventions whose subject matter is contrary to the public order or to morality as is generally accepted. -Plant and animal varieties/species or processes for breeding/plant or animal varieties/species, based mainly on biological grounds. The 12 month period for claiming priority start from the date of filing of the first application. Annuities should be paid, evidencing of use should be submitted and changes of the informations of owner orthe inventor should be recorded to the register. ANNUITIES The annual fees shall be paid each year in advance at maturity during the full term of the protection period. Where the annual fees have not been paid within this period they may be paid within the following six month period of maturity provided that an additional fee has been paid. OBLIGATION TO USE The patentee is obliged to use/work the invention within three years as from the date of publication of mentioning of the grant of the patent. This use should be evidenced with the relevant documents and exporting/importing as well as licensing of the same will also be acceptable. Otherwise, his willingness to authorize the use of the invention under license should be announced in the Official Patent Bulletin. 1) Information identifying the applicant(s) and inventor(s) 2) If the applicant and the inventor(s) are different bodies then explanation about how the applicant has the right to application. 3) 3 copies of Abstract, specification, claims and pictures 4) If priority is claimed, priority information and a copy of the priority document obtained from the country of the receiving office of the earlier application giving rise to the priority. (must be lodged at the filing of the application or within three months of the filing date of the application) 5) Power of Attorney (No legalization) 6) Filing fee
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