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Annex 2 to the Decree of the Cabinet of Ministers of the Republic of Uzbekistan of April 20th 2006, No 65 |
| REGULATION ABOUT PATENT FEES |
1. The present Regulation determines the order of payment of patent fees (further - fees), and also the bases for remission of their payment or their return for fulfillment of legally significant actions connected with granting of legal protection to inventions, utility models, industrial designs, selection achievements, registration of trademarks, service marks, names of places of origin of goods, computer programs and databases, and topology of integrated circuits.
2. Payment of the fee is carried out by transfer of the corresponding sums into settlement accounts of the State Patent Office of the Republic of Uzbekistan (further - Patent Office) and proves by the payment document.
3. The document confirming payment of the fee should contain registration number of the application or the patent, certificate and name of action for which the fee is paid. In case, if registration number to the application is not appropriated yet, the specified document alongside with the name of action for which the fee is paid, should contain the name of the invention, industrial design, utility model, selection achievement, trademark, service mark, and name of place of origin of goods, computer programs and databases, topology of integrated circuit, and also a surname of the first author or name of the applicant. Patent Office has the right to refuse in acceptance of the document in which are absent specified details.
4. Conformity of the size of the paid fee to the established size is defined for date of representation of the document confirming payment of fee.
5. At nonpresentation the document confirming payment of fees, connected with legal protection of inventions, utility models, industrial designs, selection achievements, trademarks, service marks, names of places of origin of goods, computer programs and databases, and topology of integrated microcircuits, legally significant actions are not carried out.
6. In case the document confirming payment of the filing fee or fees for state examination at a rate of less established size of the filing fee and conducting of examination on group of inventions, utility models, variants of industrial design is presented, examination is spent concerning those inventions, utility models, variants of the industrial design which are chosen by the applicant, or at absence of such choice are specified by the first in the formula of the invention, utility model or in specification of industrial design and for which the fee is paid.
In case the document confirming payment of the filing fee at the rate of less established size of the fee for filing of application and carrying out of state examination of trademark and service mark is presented, examination is spent concerning those classes of the International Classification of the goods and services (ICGS) for registration of marks which are chosen by the applicant and for which the fee is paid. The applicant has the right within 3 months from the date of direction by the Patent Office of the notification about surcharge of the missing fee to pay in addition the necessary sum.
7. At nonpresentation within 3 months from the date of sending of the decision of examination of the document confirming payment of the fee in the established size for registration, publication and granting of the protection document, the given procedures are not carried out. The document confirming payment of the fee can be presented within 3 months from the date of the expiration of the specified three-monthly term. In this case the size of the fee increases for 50 %.
8. Paid filing fee is nonreturnable.
9. Paid other fees under the petition of the applicant - the person who have paid the fee, can be returned in case of when their payment has been made at the rate of, exceeding established or when action for which fees have been paid, was not made.
10. Unduly paid sum of the fee under the request of the petitioning person can be included on account of payment of other fees which payment is admissible for date of submission of the petition.
11. Juridical and physical persons - residents of the Republic of Uzbekistan pay fees in national currency. Juridical and physical persons - non-residents of the Republic of Uzbekistan pay fees in US dollars or another hard currency in recalculation in relation to US dollar, if other is not stipulated by the international agreements of the Republic of Uzbekistan.
12. Bank services on return of fees are paid due to the person, who is carrying out payment of fees.
13. Participants of the war 1941-1945 years or the persons equal to them, and also invalids of the 1st group, being unique authors of the inventions, utility models, industrial designs, selection achievements, computer programs and databases, topology of integrated microcircuits and asking the protection document on the own name, are released from payment of the fees stipulated by items 1.1-1.3, 2.1-2.3, 4.1-4.2, 5.1-5.2 of the rates of patent fees.
Remission of payment of the fees, stipulated by the present item, is given under the petition of the applicant and the basis is copies of following documents:
• the certificate of the participant of war 1941-1945 years or the person equal to them;
• the certificate which has been given out for work (or service) within war in rear;
• the information of a medical-labor expert commission.
At the conclusion of the license contract, the contract about a concession of the protection document remission of payment of fees is not provided.
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