Formality examination

Application documents submitted to the NCPI will be checked to see whether they are in the prescribed format and if all the required papers are attached.

 

 Publication of an application

The Patent Office will publish the content of an application in the Patent Office Gazette (Навиди патенти) after 18 months have elapsed from the date of filing.

An advantage of publication is that your invention becomes available sooner as prior art against others.

A disadvantage of publication is that the invention may be made public before you know whether you will get a patent.

 

Request for substantive examination

Your application will not automatically be examined simply because you’ve filed it. You must formally request examination and attach the examination request fee. This request must be made within five years of the filing date, otherwise your application will be considered as abandoned.

Why would you file an application and not automatically request examination?

Perhaps you need time to assess the feasibility or marketability of your invention. Filing gives you some protection for your invention without having to fully commit yourself to the patent procedures.

You competitors will likely be wary of infringing on your invention after your  application is published because you could seek retroactive compensation in the t you are granted a patent.

However, if you do not request examination within the three-year period, anyone will be able to freely make, use or processes described in your application.

 

Substantive examination

The examination of the application consists of a study of the application for compliance with the legal requirements

I”or a patent to be registered under the Patent Law, it should meet the following requirements:

It should fall under the definition of
invention under the Patent Act;

It should have Novelty, Industrial
Applicability, and Inventive Step;

It should not fall into any of the
categories of unregistrable patent
prescribed in Article 38 of Patent Act.

You will be notified in writing about any decision concerning your patent application, (it takes about two years for I he Patent Office to process each application.). If your patent is denied, then you can amend the claims and point out why the patent should be granted. It in usual that the patent examiner will first reject your application even if eventually it is found to be patentable.

The exchange of rejections from the  expert and  amendments by you may continue until the patent examiner allows you application or says that the rejection is final. If you wish to continue seeking a patent in this eventually, then you may appeal to the Board of Appeals.

 

Decision to Grant Patent Registration or Decision of Refusal

If the examiner finds no reason for refusal of the application, or if the notice of reason for refusal is satisfactorily complied with by amendment or correction, the examiner issues a decision to grant the patent registration. Otherwise, the examiner refuses the application.

 

Publication of patent

The grant of a patent together with other information shall be published in in the Patent Office Gazette (Navidi patenty) within six months

 

Registration

Provided that the applicant pays the patent fee, once the decision to grant a patent has been made the patent right will come into existence as it is entered into the State Register. It is not until this time that the invention acquires a patent number.

 

Grant of patent

After the registration of a patent right has been made, a certificate of patent will be ми) lo the applicant.

The Tajik patent is dated from the date of filling of the complete specification. It can be kept in force for a full 20 year term, provided renewal fees are paid.

 

Appeal

In I he event of disagreement with the decision to refuse the grant of a patent I he applicant shall have the right to lodge mi appropriate appeal with the Appeal Board within three months of the date of receipt of the decision. The appeal shall be considered by the Appeal Board within six months of the date of its receipt.

In the event of disagreement with the decision of the Appeal Board any party shall have the right to apply to the court.

Оf all the material and natural resources abundant in our Motherland, the most priceless and important is the intellectual potential of our society