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Guidance of the Industrial Property Office of the Slovak Republic Defining Uniform Layout of a Patent Application
b. Regularizing Section
As per the Act No. 435/2001 Coll. on licenses, valuable security authentications and on alteration of certain demonstrations in phrasing of the Act No. 402/2002 Coll. what's more, the Decree of the Industrial Property Office No. 223/2002 Coll. executing the Act No. 435/2001 Coll. The Patent Act, the President of the IPO SR sets down observing standard type of the patent application.
- The patent application will contain:
- demand for giving a patent (2 duplicates)
- portrayal of a development (3 duplicates)
- in any event one case (3 duplicates)
- theoretical (3 duplicates)
- drawings, assuming any (3 duplicates)
Solicitation for Granting a Patent
Solicitation for giving a patent will be documented in two duplicates on a structure drawn up by the Office. The solicitation will be completely finished.
Depiction of an Invention
Depiction of a creation will contain:
Name of a creation in such manner as it is written in the solicitation for conceding a patent; The name ought to be brief and precise, it ought not contain more than 8-10 words;
Detail of the specialized field, to which the development relates;
Portrayal of earlier craftsmanship, if conceivable along with reference of reports reflecting such workmanship; Name or names of genuine makers, business names and pejorative data with respect to notable items or cycles will not be demonstrated in the depiction;
Clarification of the substance of the development characterized in patent cases; This piece of portrayal will contain depiction of terms utilized for clarification of nature of an innovation in such terms that specialized issue and its answer could be perceived; simultaneously beneficial (or disadvantageous) impacts of a creation concerning the earlier craftsmanship will be expressed; Same articulations with respect to patent cases will be utilized for depiction;
Brief portrayal of figures in drawings (assuming any);
Depiction of at any rate one illustration of completing the innovation; The number and sorts of models will empower to clarify and exhibit that the creation is fit for acknowledgment and they will cover entire field of security coming about because of patent cases; In hereditary applications a succession posting will be associated with the portrayal; If an application contains drawings, reference signs utilized in drawings will be referenced in this piece of portrayal; Arabic numerals will be utilized as reference signs; In an illustration of doing a development reference signs will be underlined; if there are more reference signs, it is prescribed to make an additional rundown;
Method of mechanical appropriateness of a creation, in the event that it isn't evident from past pieces of an innovation portrayal.
Single pieces of a development portrayal appeared after the name of the creation will be entitled as: Technical field, Prior Art, Nature of the Invention, Summary of Drawings, Examples of Carrying out of the Invention, Industrial Applicability. Titles will be composed from the left edge over the content itself with one line space.
Particularities of Description of Some Inventions
mechanical arrangements will be dictated by subjective and quantitative substance of single mixes;
substances got by physical-synthetic strategy will be dictated by subjective and quantitative substance of mixes or by actual structure;
substances handled synthetically, for example mixes including high-sub-atomic substances or naturally dynamic substances will be controlled by the name of piece as per the substantial synthetic terminology, by an underlying equation of a compound, or by a general recipe of a compound; if a creation and a structure of a compound substance are not known, however its actual qualities and use are known, substances will be dictated by creation measure;
drugs, portrayal will contain other than physical-substance qualities additionally consequences of pharmacological or center tests;
organically dynamic substances, , portrayal will contain other than physical-synthetic attributes likewise aftereffects of natural impact tests;
substances got by atomic response coming about because of fake atomic responses, they will be controlled by attributes inescapable for their unambiguous ID in portrayal .
A piece of an application containing patent cases will be named as Claims.
Topic, for which the security is looked for, will be characterized in at any rate one patent case as far as specialized highlights. Where fitting, claims will contain:
basic part including name of an innovation and highlights fundamental for meaning of a topic of a creation and blend of which is a piece of the earlier craftsmanship;
assignment part - introduced by the articulation "portrayed in that" - expressing specialized highlights for which, in blend with highlights expressed in the starting part, assurance is looked for d.
On the off chance that a prerequisite of solidarity of an innovation is met, an application may contain more than one free case. Cases identifying with unique (invaluable) acknowledgment of a development (subordinate cases) might be added to any free guarantee.
Any case including all highlights of other case (subordinate case) will contain in early on part reference to the next case and will state in assignment part extra highlights asserted.
Number of cases will be sufficient to the idea of a development for which security is looked for. On the off chance that there is more than one case, they will be numbered successively in Arabic numerals.
Cases will not contain, aside from where totally important, references to depiction or drawings. Specifically they will not contain references as: "as depicted in portrayal" or "as outlined in figure".
Where an application contains drawings, specific highlights of cases will be set apart with reference signs. Reference signs in cases will be put in sections.
Each guarantee will be communicated in a solitary sentence.
Dynamic will be on a different sheet and as succinct as a topic of an innovation licenses, it ought not comprise of in excess of 150 words. Theoretical will not contain proclamations on supposed merits or estimation of the asserted creation or on its speculative application. Each element of a development referenced in the theoretical and delineated in a drawing will be trailed by a reference sign put in sections.
A drawing showed by a candidate, which is to be unveiled with a theoretical, will be on a different piece of paper.
On sheets containing drawings, the usable surface territory will not surpass 26,2 x 17 cm. The usable or utilized surface will not be encircled by outline. The base edges are as per the following:
- top 2,5 cm
- left side 2,5 cm
- right side 1,5 cm
- base 1,0 cm
Drawings will be executed in sturdy, dark, consistency thick lines without concealing and colourings. Cross-areas will be shown by bring forth which ought not obstruct away from of reference signs and driving lines. The size of drawings and peculiarity of their graphical execution will be with the end goal that a photographic multiplication with a direct decrease in size to/66% would empower all subtleties to be recognized without trouble. In the event that the scale is given on a drawing it will be spoken to graphically. All numbers, letters and reference signs showing up on drawings will be basic and clear. Sections, circles or transformed commas will not be utilized in relationship with numbers and letters. The tallness of the numbers and letters will no be under 0,32 cm.
One sheet of drawings may contain a few figures. Single figures are masterminded in upstanding position. The figures are numbered successively in Arabic numerals and autonomously of the numbering of the sheets. Reference signs will show up in the drawing just on the off chance that they are utilized in the portrayal and the other way around.
The drawing will not contain any clarifications, aside from, when totally essential, a solitary word as "water", "steam", "open", "shut" , "segment on A-A", or short maxims in electrical circuits and square outlines, on the off chance that they are crucial for comprehension. Such words will be set in such manner, whenever required; they can be supplanted by their interpretations without meddling them with any lines of the drawings.
General Provisions Governing the Presentation of Application Documents
In any event one duplicate, aside from the solicitation, will be introduced in such way that empowers direct top notch propagation or printing. The making up of the fundamental duplicate will be on A4 paper which will be white, solid, matt and tough. Drawings might be recorded on straightforward paper. An image or a book will be put in upstanding position. Just one side of the sheet will be utilized. The principle duplicate may not contain signature, seal, and so forth
Each piece of an application (portrayal, claims and dynamic) will initiate on another sheet. All sheets will be associated in such manner that they can undoubtedly be turned over, isolated and combined once more.
Besides of a solicitation and drawings, the base edges will be as per the following:
- top 2,5 cm
- left side 2,5 cm
- right side 2,0 cm
- base 2,0 cm
All sheets of portrayal, claims and dynamic will be numbered in continuous Arabic numerals. Solicitation, depiction and unique will be composed or printed. The dividing will be 1/2. All writings will be in characters, the capital letters of which are at least 0,21 cm high and will be in dull permanent tone. Synthetic underlying, normal and numerical formulae will initiate on another line.
Portrayal, claims and conceptual should not contain any drawing. They may contain synthetic or numerical formulae and tables.
As per the Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts in phrasing of the Act No. 402/2002 Coll., licenses will be conceded for developments which are new, include an innovative action and are powerless of modern application subsequent to performing primer and considerable assessment. The purported conceded assessment with distribution of utilizations after expiry of year and a half is executed. The full assessment will via did upon the solicitation of a candidate, which will be recorded inside three years as from the documenting date of the patent application. It is likewise conceivable to patent substance items and medicaments.
The term of the legitimacy of a patent is 20 years as from the documenting date of the patent application. The essential of the length of the patent assurance is the installment of support charges.
A solicitation for allowing a patent will be recorded on the authority structure (application type) of the Industrial Property Office of the Slovak Republic ("the Office"). The patent application will contain a solicitation for allowing a patent in two duplicates, a portrayal of a development, at any rate one case, unique and drawings assuming any, a picture or substance recipe of an accumulate in one unique and two duplicates; the first will meet prerequisites for replicating and printing. Important connections will make a piece of the application. Candidate will be obliged to pay a regulatory charge for documenting an application.
A patent application will contain the name of the designer. A patent application may contain just a single development or a gathering of creations so connected as to frame a solitary general imaginative idea. On the off chance that the Office discovers that there is no solidarity, the candidate will be mentioned to address all abnormalities inside the recommended time limit. Notwithstanding right all abnormalities concerning the patent solidarity the candidate may likewise choose to document an avoided patent application. The Office gives the prohibited application the recording date or need right of the previous application. The portrayal of a creation will be done in way adequately clear and complete to be done by the individual talented in the workmanship.
On the off chance that a candidate documented a utility model application in the Slovak Republic before recording a patent application with the indistinguishable topic, he/she may demand with documenting an application presenting the recording date, where suitable additionally need right, from this utility model application. The Office will give the recording date for an application, where fitting additionally the need right, from this utility model application, if an application is documented inside three years from recording a utility model application.
In the event that a utility model application methodology was suspended or utility model application was cannot, the application must be recorded inside 2 months from conveyance of pertinent choice or inside three years from documenting date of utility model application at the most recent.
By documenting the patent application a candidate will appreciate the need right. The candidate will announce the need right coming about because of the worldwide show in the patent application and upon the greeting of the Office he/she should demonstrate the need directly inside a recommended time limit, else it will not be contemplated.
The Office will play out the inquiry on topics of patent applications documented after January 1, 2012 and satisfying the prerequisites distributed in the Official Journal No 12/2011 inside the time of 9 months since the recording an application. The inquiry report will be conveyed to a candidate inside the expressed period and distributed along with the patent application subsequent to passing the time of year and a half from the foundation of the need right.
The Office will play out a primer assessment to investigate whether the development incorporates non patentable topic, or different abnormalities keeping from distribution. An application will be distributed after expiry of year and a half from the date of need and pertinent notice will be distributed in the Official Journal.
The Office will play out a meaningful assessment, at the composed solicitation of a candidate or other individual, or it tends to be performed ex officio. A solicitation for a considerable assessment will be documented inside three years from the recording date of the patent application at the most recent and the solicitation may not be removed. A candidate will pay the authoritative expense.
In the event that a topic of an application meets endorsed prerequisites and a candidate paid the regulatory expense, the Office will give a patent. A candidate turns into the owner of the patent.
The owner of the patent will have a selective option to utilize the creation, to approve different people to utilize the development or to move the patent.
The extent of the patent assurance is dictated by the characterizing the patent cases. The patent is substantial for a long time from the date of documenting the patent application. The patent will be substantial from the date of distribution of the notification on its allowing in the Official Journal.
For candidates without satisfactory patent and legitimate information or abilities it is prescribed to utilize the administrations of patent specialists, lawyers or business attorneys, which are qualified for act before the Office (rundown of specialists).
The candidate or his/her agent will act in procedures before the Office. The creator of an innovation, on the off chance that he/she isn't likewise the candidate, will not be involved with procedures.
Rights and obligations emerging from creation and utilization of innovation are directed by the Act No. 435/2001 Coll. on licenses, valuable insurance testaments and on alteration of certain goes about as changed.
Formal prerequisites for a patent application just as entire continuing before the Office is directed by the Decree of the Industrial Property Office No. 223/2002 Coll. actualizing the Act No. 435/2001 Coll. (the Patent Act).
Formal prerequisites for the structure and the substance of the application are characterized in the Instruction of the President of the Industrial Property Office of the Slovak Republic.
The authoritative charges will be paid in Euro. Installment might be affected with cash request or move to a ledger of the Industrial Property Office of the Slovak Republic kept in the State Treasury.
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