Decree of the Minister for Foreign Affairs No. 12 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on the Unification of Requirements for the Development and Submission of Inventions
Valid
Effective from 02.10.1975
12
DECLARATION
Minister for Foreign Affairs
of 5 January 1976
on the Agreement on the Unification of Requirements for the Development and Submission of Inventions
On 5 July 1975, an agreement was signed in Leipzig to unify the requirements for the preparation and submission of applications for inventions. The Agreement entered into force on 2 October 1975 pursuant to Article 8 thereof.
The Czech translation of the Agreement and the Instructions to it are announced simultaneously.
Minister:
Ing. Chupek v. r.
AGREEMENT
on the unification of requirements for the preparation and submission of applications for inventions
Governments of the People's Republic of Bulgaria, the People's Republic of Hungary, the German Democratic Republic, the Republic of Cuba, the People's Republic of Mongolia, the People's Republic of Poland, the Socialist Republic of Romania, the Union of Soviet Socialist Republics and the Czechoslovak Socialist Republic, led by wishes
- facilitate and simplify the preparation and reciprocal submission of applications for inventions, and
- to contribute to unifying the requirements for the preparation and submission of applications for inventions and the approximation of national legislation on inventions,
have decided to conclude this agreement.
This Agreement lays down requirements for the preparation and submission of applications for inventions, submitted for legal protection in States which are Contracting States to this Agreement (hereinafter referred to as "the Contracting States').
1. Application for an invention to obtain legal protection ("application '):
(a) it shall be submitted in accordance with the requirements laid down in this Agreement and the Instruments for the Application of this Agreement (hereinafter referred to as "the Instructions"), which shall be approved jointly by the Heads of State Inventions of States which have signed this Agreement and shall enter into force at the same time as this Agreement;
(b) shall not be rejected as a result of non-compliance with other requirements for the preparation and submission of applications if they comply with the requirements laid down in this Agreement and with the Instructions.
2. The Contracting States shall not, to the extent provided for in this Agreement, impose requirements other than those resulting from this Agreement. However, they may waive compliance with some of these requirements.
1. The application submitted in accordance with this Agreement shall include:
(a) a request for legal protection;
(b) a description of the invention;
(c) the definition of invention;
(d) drawings, if necessary to understand the invention;
(e) the annotation of the description of the invention;
(f) the copyright declaration (certificate of creative participation) and the document confirming the transfer of the applicant's rights where the applicant is not the author of the invention and except in the cases referred to in point 4 of this Article;
(g) a request for priority where the applicant applies such priority;
(h) a document appointing a representative where the applicant acts through a representative and where the national legislature of the Contracting State to which the application is made requires the production of such document;
(ch) details of the preliminary results of the survey as regards novelty and technical and economic efficiency if available to the applicant;
(i) proof of the removal of the strain of micro-organisms in an officially recognised collection where the application concerns the strain of micro-organisms.
2. The detailed provisions concerning the various parts of the application referred to in point 1 of this Article are laid down in the Instructions.
3. The Contracting States shall have the right to levy the fees for the filing of applications where their national legislation so provides, at the level laid down by this legislation.
4. The Contracting States shall not require the production of a document confirming the transfer of a right (point 1 (f) of this Article) in respect of applications submitted on behalf of state, cooperative and social socialist undertakings and organisations which have acquired rights of invention under the relevant national laws.
5. The documents referred to in point 1 of this Article shall be drawn up in the language of the Contracting State to which the application is lodged, unless otherwise provided for in national legislation or international agreements binding on the State from which the application is made and the State to which the application is lodged.
1. The application must cover only one invention.
2. The connection of two or more inventions in a single application is permitted if they belong to different categories (substance, method, equipment), if they serve a uniform objective and can only be used together at the date of filing the application.
3. A merger of two or more inventions in a single application which does not comply with the requirement of point 2 of this Article shall be permitted if that concentration complies with the requirements of the national legislature of the State to which the application is made or with the requirements of an international agreement to which the application is lodged and the State to which the application is lodged.
In the case of application of the priority, the Office for Inventions of the Contracting State in which protection is sought shall be entitled to require the applicant to submit, within a three-month period, documents confirming the right to that priority.
1. At the time of submission, the application shall contain at least the documents referred to in points. "and '-" e' and "g 'of point 1 of Article 3 of this Agreement. The other documents referred to in Article 3 shall be submitted within two months of the date of filing of the application.
2. Where the documents referred to in point 1 of this Article are not presented at the time of the application or within the time limit laid down, as well as those documents which have not been drawn up in accordance with the requirements of this Agreement and the Instructions, the Office for Inventions of the Contracting State in which protection is sought shall issue a decision which complies with national legislation.
This Agreement shall be open for signature by 5 October 1975 at the latest on the basis of the authorisation of the governments of the States referred to in the preamble to this Agreement.
This Agreement shall enter into force on the 90th day either from the date of signature by three States without reservation of its further ratification, approval or acceptance, or from the date on which the depositary receives proof of ratification, approval or acceptance of the Agreement from a third State, including in this number of three States the States which signed the Agreement without reservation.
The Agreement shall enter into force 90 days from the date on which the depositary receives the document for ratification, approval or acceptance of this Agreement after its entry into force.
The office of depositary of this Agreement will be carried out by the Secretariat of the Council of Mutual Economic Assistance.
This Agreement may be acceded to by other States after its entry into force, with the agreement of the Contracting States, by providing access documents to the depositary.
For acceding States, the Agreement shall enter into force 90 days after the date on which the depositary received the last notification of consent to access.
This Agreement shall be concluded for a period of 5 years from the date of its entry into force. After the expiry of this period, the Agreement shall be automatically extended for another five years. Any Contracting State may terminate the Agreement 6 months before the expiry of its proper period of validity, by written notification to the depositary.
In the event of the termination of this Agreement, its provisions shall apply as regards the requirements for the preparation and submission of applications for inventions submitted during the period of validity of this Agreement.
1. This Agreement may be amended only with the consent of all Contracting States. Any Contracting State may submit proposals for amendments. Such proposals shall be submitted to the depositary.
2. The instructions may be modified only with the agreement of the heads of office for the invention of all the Contracting States.
The depositary of this Agreement shall register this Agreement with the United Nations Secretariat in accordance with its Charter.
The depositary shall send certified copies of this Agreement to all Contracting States, inform them of the date on which the Agreement entered into force, of the notifications received, of the ratification, approval or acceptance of the Agreement, of access to the Agreement, of the denunciations of the Agreement and of all other notifications received.
Negotiated in Leipzig on 5 July 1975 in one copy in Russian.
INSTRUMENTS
to the Agreement on the unification of requirements for the preparation and submission of applications for inventions
Rule 1
This Instructions sets out the requirements for drawing up and filing applications for inventions referred to in Article 3 of the Agreement.
Rule 2
The application for legal protection shall include:
(a) a request for protection (indicating the type of protection document requested);
(b) the name of the invention (brief, precise name of the invention, expressing the subject matter and the subject matter of the invention);
(c) details of the applicant: surname, first name, father's name (name of the organisation), permanent address (place of residence), full address and nationality;
(d) details of the author of the invention: surname, first name, father's name, profession, address and nationality, if the applicant is not the author;
(e) a reference to the grounds for filing the application for the invention and obtaining protection if the applicant is not the author of the invention;
(f) an application for a basic invention or a safeguard document for a basic invention in the case of a dependent invention;
(g) an indication of whether or not the invention was created as part of the performance of the task. If the invention was created in the course of the task, the name and address of the organisation in which the invention was created shall be given;
(h) an indication of whether it is an invention created in the course of economic and scientific and technological cooperation. If the invention is a common invention, then all organisations (States) to which the right to the joint invention belongs shall be indicated in the application;
(ch) surname, first name, father's name (name of organisation) and address of the applicant's representative (if the applicant has a representative);
(i) the signature of the applicant or his representative;
(j) a list of the accompanying documents.
Rule 3
The description of the invention shall have the following structure:
(a) the name of the invention and the class of international classification of inventions in which the invention falls in the view of the applicant. The name of the invention shall be in full compliance with the name given in the application;
(b) the field in which the invention falls and the details of the objects in which the invention can be used or is effective;
(c) the characteristics of known technical solutions, indicating their shortcomings which the invention removes; the higher effect achieved by the use of the invention compared to known solutions; the sources of information in which a description of known technical solutions is included shall be provided;
(d) the interpretation of the substance of the invention is to begin with an indication of the problem that solves the invention.
The description of the invention, which is characterised by the definition, shall be drawn up in such detail as to identify the nature of the invention and its implementation.
If the invention is shown on the drawings, the list of individual images shall be provided with a brief explanation of each pattern individually.
In accordance with the nature of the invention, its description shall comply with the following requirements:
- the device must be described in static condition. After this description of the device in static condition it is necessary to describe the device in operation;
- the description of the method shall include a list of operations, a sequence and modes (temperature, pressure, etc.) when carrying out such operations;
- the description of the substance shall include its characteristics with the enumeration of the constituents (composition of the substance) and the extent of the percentages of the constituents (from... - to...) as contained in the substance shall be indicated.
The physical state and properties of these constituents must also be indicated in their initial state as well as evidence of the composition and properties of the substance obtained;
(e) examples of the implementation of the invention. In the applicant's view, the most effective form of implementation of the invention, the specific possibilities for its use and a description of its specific advantages should be indicated. The number and type of examples must be selected in such a way that they sufficiently capture the full scope of the invention;
(f) if the description or nature of the invention does not show how the invention can be used in industry, then this method must be stated separately.
It is recommended that each part of the description be followed in the description of the invention of the order of the above points as well as that each part of the description be accompanied by the appropriate headers.
Rule 4
(1) The definition of invention (hereinafter referred to as "the definition") shall begin with the name of the invention which is given in the application and description and shall be based fully on the description of the invention.
2. The definition may consist of one or several points and shall satisfy the following requirements:
(a) all the points of the definition shall contain a pre-signification and a signifying part which are linked to each other by a sentence "characterised by... ';
(b) the indicative part of the first (main) point of the definition shall include the name of the invention and its known characteristics, common to the nearest previous technical solution;
(c) if the invention has no features in common with the previous solution, then only the name of the invention is given in the pre-signifying part;
(d) the secondary points of the definition develop a summary of the characteristics listed in the significant part of the main point, directly or indirectly, by developing the previous secondary points;
(e) the indicative part of the secondary points shall contain only the name of the invention in full or in abbreviation;
(f) in cases where the application contains several inventions relating to different categories (substance, method, equipment), the meanings of such inventions shall be given in the main points of the definition;
(g) the main points of each invention shall be given in the order corresponding to the name of the invention; the secondary points of the definition of the individual inventions shall be given depending on each invention;
(h) the points of the definition are numbered in Arabic numerals;
(ch) the definition must not contain references to the description or drawings except where this is necessary and results from the nature of the invention;
(i) if the application contains a drawing, then the reference marks relating to the individual components displayed on the drawing corresponding to those characters may be indicated in the definition after the indication of the different new characters if this contributes to an easier understanding of the definition; In the case of their use, reference marks should be indicated in brackets.
Rule 5
1. Drawings shall not contain any heading, explanatory notes, etc. In order to facilitate understanding of the object displayed, short explanations, such as "water," "steam," "open," "closed," "cut A-B" are allowed. Electrical connections, block schemes or technological schemes may contain several short keywords necessary for understanding.
2. Drawings shall be made by durable black lines, equally strong and distinct, without drawing.
3. The cuts shall be shown by oblique shrafting, made in such a way as not to affect the clear reading of the reference marks and the main lines.
4. The scale of drawings and the accuracy of their graphic design shall be such that all details can be easily distinguished when photographed with a length reduction of up to two thirds.
In exceptional cases, where it is necessary to have an idea of the dimensions of the items shown, a graphic scale shall be given on the drawings.
5. All digits, letters and drawing lines shall be simple and clear. The digits and letters shall not be in brackets, circled and in quotation marks.
6. Each element of any object shall be drawn up in an appropriate proportion with the other elements of that article, except where the different ratio is necessary for a clearer representation of the article.
7. The height of digits and letters shall be at least 3,2 mm.
8. There may be several items on one sheet of drawing. Where articles shown on two or more sheets represent a uniform article, they shall be arranged in such a way that no part of the items shown on the different sheets is missing.
9. Individual items on the drawings shall be numbered in order by Arabic numerals, irrespective of the identification of the leaves.
10. Reference marks which are not mentioned in the description shall not be shown on the drawings and vice versa.
11. The same details must correspond to the same reference marks throughout the application.
12. In cases where drawings contain a large number of reference marks, it is recommended to attach a separate sheet to the application with a list of all details which are marked by these marks.
Rule 6
1. Annotation shall serve only for the purposes of technical information and shall include:
(a) the name of the invention;
(b) the field covered by the invention;
(c) the technical problem solved by the invention;
(d) a brief interpretation of the substance of the invention as contained in the description, the definition and the materials which depict the invention;
(e) the possible fields in which the invention may be used;
(f) in the case of inventions relating to chemistry, if necessary, a chemical formula which best characterises the invention of all the above formulae contained in the application;
(g) a reference to the number of the subject, which best characterises the invention from all images attached to the application.
2. Annotation must be clear. It is recommended that it does not contain more than 150 words. Annotation shall not contain conclusions concerning the advantages or value of the invention.
Rule 7
The application for priority on the basis of a previously submitted application or on the basis of the issue of an invention at the exhibition (if the legislation of the participating State in which the application is submitted recognises a priority based on the issue of inventions at the exhibition) shall contain, depending on the basis of which the priority is based, the date of the application and the State to which it was submitted, the number of the application (if known at the date of filing of the application), the name of the exhibition, the place and the State and the date of issue of the invention at the exhibition. The application number may be notified at a later date as required by the Office for Inventions of the Contracting State to which the application is filed.
Rule 8
1. All parts of the application must be made in such a way that they can be immediately reproduced in photographs, electrostatically, offset or microfilm in an unlimited quantity of copies.
2. The sheets of the application shall not be crumpled, torn or translated. Only one side of the sheet may be used.
3. Each sheet can only be used for height (i.e. shorter sides must be up and down).
4. All parts of the application must be written on solid, white, smooth, opaque, non-glossy paper.
5. Each part of the application (application, description, definitions, drawings, annotation) shall start on a separate sheet.
6. All sheets of the application must be joined in such a way that they can be easily viewed and unassembled for reproduction and reconnected.
7. The sheets shall be A4 format (297 mm × 210 mm).
8. (a) The minimum size of the edges on sheets containing the application, description, definition and annotation shall be as follows:
upper edge of the first sheet except the application - 80 mm;
upper edge of other sheets - 20 mm;
Left edge - 25 mm;
Right edge - 20 mm;
bottom edge of each sheet - 20 mm.
(b) The recommended maximum distances of the edges referred to in (a) shall be as follows:
upper edge of the first sheet, except for application - 90 mm;
upper edge of other sheets - 40 mm;
Left edge - 40 mm;
Right edge - 30 mm;
lower edge of each sheet - 30 mm.
(c) On sheets containing drawings, the surface used shall not exceed 262 mm × 170 mm. These sheets shall not have a frame that frames the surface used or the surface intended for use. The minimum dimensions of the edges shall be as follows:
upper edge - 25 mm;
Left edge - 25 mm;
Right edge - 15 mm;
bottom edge - 10 mm.
9. The edges of the leaves must be clean.
10. All sheets of the application must be duly numbered with Arabic numerals.
11. It is recommended to number each fifth line of description and definition. The numbers need to be written from the left side of the sheet, immediately to the text.
12. All parts of the application may be submitted in one copy, except for the definition, description of the invention, drawings and annotation of the invention, which shall be made in three copies.
13. (a) Unit of measure and weight shall preferably be expressed in units of the international system, unless the national legislature provides specific requirements to that effect;
(b) the labelling of temperature, energy, light, sound and magnetism, as well as the writing of mathematical formulas and electrical units, shall comply with the rules adopted in international practice; when writing chemical formulas, generally accepted symbols shall be used;
(c) the terminology and labelling must be uniform throughout the text of the application.
14. Expressions which are contrary to socialist morality and public order, contemptible expressions against the advantages of third party protection documents (simple comparisons with known solutions in themselves are not considered to be contemptible expressions) may not appear in the application.
15. (a) The application, description, definition and annotation shall be made out in typewriter or printing. Only graphic symbols and letters, mathematical and chemical formulas can be written manually or drawn if necessary.
(b) The sheets shall not be rubberised, repaired, inscribed and inlaid. Exceptions may be granted in specific cases where the content does not raise doubts and the requirements imposed on quality copies are not infringed.
c) The text must be written by interval 1,5.
(d) The text shall be indelible, in black. The height of the capital letters shall be at least 2,1 mm.
16. (a) The application, description, definitions and annotations shall not contain drawings.
(b) Description, definitions and annotations may contain chemical or mathematical formulas.
(c) Description and annotation may include tables. The definition may contain tables only if the possibility of interpretation is excluded in a different form.
Rule 9
Data on the preliminary result of the novelty survey and the technical and economic effect of the technical solution applied for shall include:
(a) the list of States and classification indices in which the search was carried out;
(b) a list of copyright and patent numbers, i.e. from which to which the search was carried out;
(c) a list of other sources of information;
(d) an indication of the fields in which the invention may be used;
(e) justification for technical and economic or other positive effects achieved by the use of the invention;
(f) test results if available.
Rule 10
The copyright declaration (certificate of creative participation), the document confirming the transfer of rights, the document appointing a representative and the proof of the debugging of the strain of micro-organisms shall be drawn up in accordance with the form specified by each Contracting State to which the application is submitted.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 12 / 1976 Coll., on the Agreement on the Unification of Requirements for the Development and Submission of Inventions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.02.1976 |
|---|---|
| Effective from | 02.10.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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