Кыргызча
РусскийRules
Rules to complete, file and review applications for registration of objects of Copyright and Related Rights
Approved by resolution
of the Government of the Kyrgyz Republic
of November 29, 2011 N 748
Rules
to complete, file and review applications for
registration of objects of Copyright and Related Rights
Section I. Preparation, submission and consideration of application for registration of copyright
1. General Provisions
2. Preparation and submission of application for registration of copyright
3. The content of the application documents
4. Consideration of the application by Kyrgyzpatent
Section II. Preparation, submission and consideration of application for registration of the object of related rights
5. Preparation and submission of application for registration of the object of related rights
6. The content of the application documents
7. Consideration of the application by Kyrgyzpatent
Appendix 1. The application for registration of copyright
Appendix 2. The application for registration of the object of related rights
Rules for compiling, filing and consideration of an application for registration of copyright and related rights object (hereinafter – the Rules) regulate the procedure for compiling, filing and review of an application for registration of copyright and related rights of the object developed in accordance with the Law of the Kyrgyz Republic “On Copyright and Related Rights “(hereinafter – the Law).
Section I
Preparation, submission and consideration of application
for registration of copyright
1. General Provisions
1. The definitions of the basic concepts of objects of copyright and related terms listed in the Act.
2. The author or owner of the property rights to the object of the copyright at his discretion may register his work in the authorized state bodies in the field of intellectual property (hereinafter – Kyrgyzpatent).
3. Kyrgyzpatent registers either disclosed or undisclosed product in accordance with Article 5 of the Law. The works must be expressed in any objective form allowing the possibility of perception:
– Written (manuscript, typewritten text, musical score, etc.);
– Oral (public recitation, public performance);
– Image (drawing, sketch, painting, plan, drawing, film, video or photo frame, etc.);
– Three-dimensional (sculpture, model, mock-up, structure, etc.);
– In other forms.
2. Preparation and submission of application for registration of copyright
4. Persons entitled to file (hereinafter – the applicant) application for registration of copyright object (hereinafter – the application):
– Author (s) and its (their) successor (s) residing (e) in the Kyrgyz Republic, regardless of its (their) citizenship;
– Author (s) and its (their) successor (s) – a citizen (e) of the Kyrgyz Republic, to create (e) and made public (f) the product outside the Kyrgyz Republic;
– Author (s) and its (their) successor (s) – the citizen (s) of another state in accordance with the entered into with the law by virtue of international treaties to which the Kyrgyz Republic;
– The employer, according to the order of which is created by the product, unless otherwise established by the agreement between him and the author.
The application filed by the applicant directly or through a representative. A foreign applicant to conduct business related to the registration of works, may appoint a representative. When submitting an application through a representative (a literary agent, a music agent, etc.). The application shall include a power of attorney confirming the authority of, executed in accordance with the legislation of the Kyrgyz Republic. The power of attorney shall be submitted together with the application.
5. The application shall be filed with Kyrgyzpatent directly or sent by mail.
6. The application must include:
– The application for registration of copyright;
– One copy of the deposited material, or a copy of it.
The documents attached to the application:
– A certified copy of the document certifying the property rights if the holder of the rights is not the author;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as its reduction;
– Power of attorney to the representative, duly executed, if the application is filed through a representative.
In addition, the applicant must sign a sheet reference to legal relations in the field of service-related works and works created under a contract of order.
7. The documents shall be presented at the national or official language. If the application documents (in addition to deposit materials) written in another language, then they must be accompanied by a duly certified translation into the state or official language.
8. The documents shall be presented in one copy.
3. The content of the application documents
9. The application for registration of copyright (hereinafter – the application) is submitted in the form set out in Annex 1 to this Regulation, and must contain all the necessary information concerning the registration of the copyright.
If any of the information can not be placed in the appropriate boxes statements, they are brought in the same form on additional sheet indicating the relevant column of the application: “See. The application on additional sheet.”
Counts statements above the word “statement”, designed to make details after admission to Kyrgyzpatent by the applicant and are not filled.
In the column “name” indicates a complete and accurate title, coinciding with the name specified in the attached to the application copy of the work.
Previous or alternative name indicates if there are additional names for the recorded works, which anyone seeking registration can see it, or at which can be written document relating to the product.
If the product of the compound (encyclopedias, anthologies, etc..), The author specifies the data throughout the composite work.
If the work is a derivative, ie, based on one or more pre-existing works (translations, adaptations, annotations, abstracts, summaries, reviews, stage adaptations, arrangements and other similar works of science, literature, art), specify the amount of the contribution of the author’s work, ie indicate what specific contributions made to the author of a work, for example: “All text”, “co-author of all the text,” “Heads of 10-22”, “New text”, “Translation”.
In the column “Author (s) ‘surname, name, patronymic (if any), the pseudonym of the author (s) in the nominative case, the surname given name, date of birth, nationality and domicile of the author (s), including the official name of the mills and e.
If there are several authors, these details are provided for each of them.
Foreign names are specified in the Kyrgyz or Russian transliteration.
If the author wishes to record his work under a pseudonym, it may indicate a pseudonym instead of the name, without specifying a name, or specify an alias and reveal the author’s name, specifying a valid name and a nickname. In this case, indicate the nationality and address for correspondence.
In the “Address for correspondence” indicate the address, the name or the name of one of the applicants who meet the usual requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the “organization managing property rights on a collective basis,” when the practical implementation of property rights by the authors is difficult, given full legal name and address of the organization, which manages property rights.
In the column “The owner of the property rights,” states:
– If the owner of the property rights of a natural person: surname, first name, middle name (if any), address of residence with the indication of the country of nationality, even if the owner of the same as the author. If the holder (s) referred to here is different from the author (s) indicated (s) in column 2, indicated the document confirming the right to own property rights (inheritance, transfer of contract);
– If the owner of a legal person: full legal name and address of the legal entity, as well as a document confirming the right to own property rights.
In the column “Date and place of the first publication of” indicates complete date (day, month, year) and the promulgation of the country (country), where the first disclosure took place.
If this work was published as part of the collaboration, indicating the name of teamwork, co-authors, volume, date and country of publication, on which pages.
In the column “deposited materials” by placing the sign “X” shape notes accompanying copyright object (manuscript, book, drawing, picture, etc.).
Earl “The documents attached to the application” is filled by placing the sign “X” in the appropriate boxes.
The following graph indicates (are) Author (s) of the object of copyright, given its (their) guarantee that the creation of this work are not violated the copyrights of others, confirmed that the information provided in the application are true and correspond deposited materials. Guarantees to be countersigned by the indication of the date of signing.
The last column of the application, “applicant” is filled with the author, the assignee of, an employer or a representative designated pursuant to paragraph 4 of this Regulation, with the date of signing. Signature and date are required in all cases. Signature stands with the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with one authorized by the applicant to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, signature and seal of the stands.
The applicant must have a document proving his identity.
10. Making deposited materials.
Kyrgyzpatent deposited materials or copies thereof, providing unambiguous identification of registered products.
1) For registration and deposit of works of registration materials submitted:
– For literary works: published copies (the original or a copy of the cover sheets published instance), or the manuscript (in whole or in first 25 and last 25 pages) or the digital version of the work;
– For dramatic, musical, dramatic, scenic works expressed in writing, musical signs depicted on paper or published copies of the manuscript (in whole or in first 25 and last 25 pages) or the digital version of the work;
– For the music (without words): musical notation (in whole or in first 25 and last 25 pages) or sound;
– For musical works (with text), or a copy of the published manuscript, musical score or a recording.
2) For the registration of choreographic works or pantomime and to deposit a copy of the materials presented for registration or a copy of the video recording choreography.
3) registration of works of fine art, decorative arts and scenario for the deposit of materials registration instead of the originals and copies of works submitted color photos 9×12 cm or slides. Photos or slides must be packed in separate envelopes.
4) For the registration of works of architecture, urban planning and landscape art and deposit registration materials submitted:
– Brief text annotation with a specific name of the object (project), its location (address), the architectural characteristics of the object creation (the project), – indicating the author, co-author, the author of the work (it is determined which one), the names of other authors or co-authors;
– Photos of the main project drawings, especially the master plan, floor plans, elevations, sections, and other drawings (own choice) models that characterize the object;
– A set of photographs describing the author’s decision to object (facades, interiors, details).
For objects created in construction, submitted copies of documents that indicate the authorship and must contain information about the authorship of the object (project) as a whole or parts of the subject named (of the project), to which the authorship (interior design, landscaping, furniture, design elements possession, and others.).
All materials, including the text part, served in the album A4 or A8.
5) For the registration of audiovisual works and deposit registration materials submitted their video copies.
6) To register, slide films and filmstrips and deposit registration materials, presented color photos or slides or film.
7) For the registration of geographical, geological and other maps, plans, sketches and plastic works relating to geography, topography and other sciences, and to deposit the registration materials, copies of these materials in color.
8) Documents and materials specified in this paragraph shall Complete in one package (folder).
9) The above list is not exhaustive, the applicant may submit to the deposit and other materials.
4. Consideration of the application by Kyrgyzpatent
11. Received applications Kyrgyzpatent materials assigned incoming number and fixed the date of their receipt.
Kyrgyzpatent takes to process an application only if it contains a complete set of documents listed in paragraph 6 of this Regulation.
The applicant or his representative shall be issued a certificate of acceptance of the application materials, indicating the incoming number, date of arrival and the list of accepted materials.
12. The application materials are discussed in Kyrgyzpatent within fifteen days. During this time, the applicant shall have the right to add, clarify, correct the application materials. During consideration of the application is checked:
– Correctness of application materials in accordance with the requirements set out in Section 3 of this Regulation;
– Whether the claimed subject matter to the objects of copyright.
According to the application filed in violation of the established requirements, Kyrgyzpatent shall request the applicant to supply, within fifteen days from the date of receipt of the request to eliminate the deficiencies. Term of the application shall be extended accordingly for fifteen days.
The reason for the request are as follows:
– Mismatch amount of the registration fee paid to the sizes;
– Improper execution of the documents attached;
– The need to clarify the information required in the columns of the application;
– Violation of the requirements for registration of the deposit materials.
If the applicant within fifteen days will not eliminate these drawbacks, the application shall be deemed withdrawn.
13. If as a result of the application found that the object presented for registration refers to objects that are subject to copyright, the decision on registration of the object of copyright.
Registration of the object of copyright made in State register of objects of Copyright of the Kyrgyz Republic.
Information add to the State register of the object of authors right of the Kyrgyz Republic, establish Kyrgyzpatent.
Within 10 days from register for applicant given certificate on registration of the object of copyright. The certificate ratify by authorized body of the Kyrgyzpatent and signature identify by stamp.
If there are several authors at their request a certificate may be issued to each, subject to payment of the fee for issuance of the certificate is requested by each certificate.
14. If as a result of the application found that the object submitted for registration does not apply to objects that are subject to copyright, the decision to refuse registration of the object of copyright.
The deposited materials are returned to the applicant, subject to submission of relevant application by the applicant.
When you return the deposited materials are copied Kyrgyzpatent. The applicant returned to the original deposit the materials, and a copy remains in Kyrgyzpatent.
15. At the request of the applicant (the author, the holder of the rights) information on registered objects of copyright may be published in the Official Bulletin of Kyrgyzpatent.
The published information includes:
– Bibliographic data;
– Annotation.
Abstract preparing the applicant (the author, the owner of the rights), and its content is coordinated with Kyrgyzpatent. The volume of text annotations not exceed 3,000 printed characters.
For the publication fee will be charged the cost of the funds spent for the publication.
16. Kyrgyzpatent ensure proper storage of the deposited materials.
Section II
Filing, review of the application for registration of the object of the related rights.
17. Persons entitled to apply for registration of the object of related rights (hereinafter – the application):
– Performer who is a citizen of the Kyrgyz Republic;
– Producers of phonograms is a citizen of the Kyrgyz Republic or a legal person with headquarters located on the territory of the Kyrgyz Republic;
– The organization of air or cable broadcasting, which has its headquarters on the territory of the Kyrgyz Republic;
– Foreign performers, phonogram producers, broadcasters and cable broadcasting in accordance with international agreements of the Kyrgyz Republic.
The application filed by the applicant directly or through a representative. A foreign applicant to conduct business related to the registration of the object of related rights, may appoint a representative. When submitting an application through a representative (a literary agent, a music agent, etc.). The application shall include a power of attorney confirming the authority of, executed in accordance with the legislation of the Kyrgyz Republic. The power of attorney shall be submitted together with the application.
18. The application shall be filed with Kyrgyzpatent directly or sent by mail.
19. The application must include:
– An application for registration of the object of related rights;
– One copy of the deposited material or copies thereof.
The documents attached to the application:
– A duly certified copy of the document certifying property rights;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as its reduction;
– A duly executed power of attorney to the representative, if the application is filed through a representative;
– A document confirming the settlement of copyright issues when creating an object of related rights.
20. Documents shall be presented at the national or official language. If the application documents (in addition to deposit materials) written in another language, then they attached properly certified translation into the state or official language.
21. Documents shall be presented in one copy.
6. The content of the application documents
22. Application for registration of the object of related rights represented by the form given in Annex 2 to this Regulation, and must contain all the necessary information concerning the registration of the related rights.
If any of the information can not be placed in the appropriate boxes statements, they are brought in the same form on additional sheet indicating the relevant column of the application: “See. The application on additional sheet.”
Counts statements above the word “statement”, designed to make details after receipt of Kyrgyzpatent and the applicant are not filled.
In the “Name of the object of related rights” indicates a complete and accurate name of the object of related rights.
Earl “The subject (s) related rights” is filled with performers, producers of phonograms, broadcasting organization or cable broadcasting.
In the column on the national or official language provides information about the subjects of related rights: the surname, name, patronymic (if any) of a natural person, the surname and given name, or the official name of the legal person (as per founding documents), as well as information about their place of residence, respectively , whereabouts, including nationality of a natural person and the official name of the country of origin of the legal entity, e.
In the “name of the object and the author of” shall include:
– Full and exact name of the object of copyright used to create the object of neighboring rights;
– Surname, first name, middle name (if any), the pseudonym of the author (s) in the nominative case, the surname given name, date of birth, nationality and domicile of the author (s), including the official name of the country and address. If the author has registered his or her work under a pseudonym, then indicate the nationality and address for correspondence.
If there are several authors, these details are provided for each of them.
Foreign names are specified in the Kyrgyz or Russian transliteration.
In the “Address for correspondence” indicate the address, the name or the name of one of the applicants who meet the usual requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the “organization managing property rights on a collective basis” in the case where the practical implementation of economic rights of subjects of related rights is difficult, given full legal name and address of the organization, which manages property rights.
In the column “The owner of the property rights” shall contain:
– If the owner of the property rights of a natural person: surname, first name, middle name (if any), address of residence with the indication of the country of nationality, even if the owner of the same as the author or subject of related rights. If the holder (s) referred to here is different from the author (s) indicated (s) in column 3 or entity specified in column 2, indicate the type of the document confirming the right to own property rights;
– If the owner of a legal person, indicate the full legal name and address of the legal entity, and indicate the type of the document confirming the right to own property rights.
In the column “Date and place of the first publication of” indicates complete date (day, month, year) and the country (ies) of the first publication.
In the column “deposited materials” by placing the sign “X” marked form attached object of related rights (audio or video).
Earl “The documents attached to the application” is filled by placing the sign “X” in the appropriate boxes.
The following graph surname, first name of the subject (s) related rights, is its (their) guarantee that when you create an object detected neighboring rights have been violated copyright and related rights of others, it was confirmed that the information provided in the application are true and match deposited materials. Guarantees to be countersigned by the indication of the date of signing.
The last column of the application, “applicant” is filled with the subject of related rights or a representative designated in accordance with paragraph 20 of this Regulation, with the date of signing. Signature and date are required in all cases. Text to be deciphered the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with one authorized by the applicant to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, the signature is sealed.
The applicant must have a document proving his identity.
23. Making deposited materials:
Kyrgyzpatent deposited materials or copies thereof, providing unambiguous identification of detected objects of related rights:
– For performances and phonograms: audio or video;
– For broadcasts by broadcasting and cable: audio or video transmission.
The deposited materials are in one set.
7. Consideration of the application by Kyrgyzpatent
24. Received applications Kyrgyzpatent materials assigned incoming number and fixed the date of their receipt.
Kyrgyzpatent takes to process an application only if it contains a complete set of documents listed in paragraph 6 of this Regulation.
The applicant or his representative shall be issued a certificate of acceptance of the application materials, indicating the incoming number, the date of receipt of the application and the list of accepted materials.
25. The application materials are discussed in Kyrgyzpatent within fifteen days. During this period, the applicant has the right to add, clarify and correct the application materials.
26. During consideration of the application is checked:
– Correctness of application materials in accordance with the requirements of paragraph 6 of this Regulation;
– Whether the claimed subject matter to the objects of related rights.
If during the audit found that the application was filed in violation of the requirements for registration of documents, the applicant shall be invited, within fifteen days from the date of receipt to eliminate the deficiencies. Term of the application shall be extended accordingly for fifteen days.
The reason for the request are as follows:
– Mismatch amount paid the fee required size;
– Improper execution of the documents attached;
– The need to clarify the information indicated in the graphs statements.
If the applicant shall not eliminate these deficiencies the application is considered withdrawn and the applicant is notified.
27. If as a result of the application found that the object presented for registration refers to objects that are related rights, the decision on registration of the object of related rights.
Register object of related rights shall be subject to payment of the appropriate fee.
Information entered into the State Register of objects of related rights of the Kyrgyz Republic establishes Kyrgyzpatent.
Within ten days from the date of registration, upon payment of the appropriate fee, the applicant is issued a certificate of registration of the object of related rights.
The certificate signed by the head of Kyrgyzpatent, the signature shall be certified by the seal of Kyrgyzpatent.
If there are several applicants, at their request, the certificate may be issued to each of them, subject to the payment of the fee for issuance of the certificate is requested by each certificate.
28. If as a result of the application found that the object submitted for registration does not apply to objects of related rights, the decision to refuse registration of the object of related rights.
The deposited materials are returned to the applicant, subject to submission of relevant application by the applicant.
When you return the deposited materials are copied Kyrgyzpatent. The applicant returned to the original deposit the materials, and a copy remains in Kyrgyzpatent.
29. Kyrgyzpatent ensure proper storage of the deposited materials.
Annex 1
The authorized state body in the field of intellectual property
(Kyrgyzpatent)
Date of filing of the application Income N Date of registration
└──────────────────────┴───────────────────────┴──────────────────────┘
Application
For registration of objects of copyright
Presenting the documents listed below, ask to register the product
1. Name of the work: ________________________________________ _______________________________________________________________________
Previous or alternative name: __________________________ _______________________________________________________________________
composite works: __________________________________________ _______________________________________________________________________
Derivative work (in the amount of the contribution of the author’s work): ___ _______________________________________________________________________
2. Author(s) (pseudonym, date of birth, authors nationality and location) ________________________________________________ _______________________________________________________________________
3. Address for corespondence: __________________________________________ _______________________________________________________________________
4. The organization managing property rights on a collective basis ________________________________________________________________
(name, address of the organization to which belong author)
_______________________________________________________________________ _______________________________________________________________________
5. The owner of the property rights (give full details) ________ _______________________________________________________________________
6. Date and place of the first publication ____________________________ _______________________________________________________________________
7. Deposit materials attached to application ( mark (x)):
– manuscript, book, photocopy, slides, drawings, paintings;
– Sound or visual recording.
8. Documents attached to the application (note (s)):
– A document confirming payment of the registration fee;
– The document on exemption from the registration fee or reduce its size;
– Copy of the document on the transfer of property rights;
– Power of attorney for the representative;
– Translation into the state or official language.
9. I, (name of author ) ______________________________________________, this ensures that the creation of the work were not violated the copyrights of others. Said in a statement details are correct and correspond deposited materials.
Signature ______________________
“___” _______________ 201__ .
10. Application (the author, a successor employer representative)
__________________________________________________________________
“___” _______________ 201__ .
Annex 2
Authorized state body in the field of intellectual property (Kyrgyzpatent)
Date of filing of the application Income N Date of registration
└──────────────────────┴───────────────────────┴──────────────────────┘
Application
For registration of the object of related rightsна
Presenting the documents listed below, ask to register the product
1. Name of the object of related rights _________________________________
2. Subjects of related rights (nationality and location of the private body, name of country originality and location of the private body) ______________________________________________
3. Name and author of the object______________________________________ _______________________________________________________________________
Author(s) (pseudonym, date of the birth, nationality of the author and location) __________________________________________________
4. Address for the consideration ___________________________________________
5. The organization managing property rights on a collective basis (name, address of the organization that owns the subject of neighboring rights)_____________________________________________________________
6. The owner of the property rights (give full information) ________ _______________________________________________________________________
7. Date and place of first publication ____________________________ _______________________________________________________________________ _______________________________________________________________________
8. Deposit materials attached to the application (mark (х)):
– sound recordings;
– Video recording.
9. The documents attached to the application (note (s)):
– A document confirming payment of the registration fee;
– The document on exemption from the registration fee;
– A document confirming the right to own property rights;
– Translation into the state or official language;
– Power of attorney for the representative.
10. I, (Name of entity related rights) ______________________________, hereby I guarantee that when you create an object detected were not violated copyright and related rights of others. It said in a statement the information is correct.
Signature ______________________
“___” _______________ 201__.
11. The applicant (subject of related rights, the representative) ______________
__________________________________________________________________
“___” _______________ 201__ .
Rules on the Drafting and Examination of Applications for the Registration and Granting the Right to Use Traditional Knowledge and of Applications for the Granting the Right to Use Already Registered Traditional Knowledge, Rules on Maintenance of State Traditional Knowledge Registry of the Kyrgyz Republic
Rules on the Drafting and Examination of Applications for the Registration and Granting the Right to Use Traditional Knowledge and of Applications for the Granting the Right to Use Already Registered Traditional Knowledge, Rules on Maintenance of State Traditional Knowledge Registry of the Kyrgyz Republic.
Appendix
Approved by the Government
of the KR of February 29 2012 N 154
1. Consideration and filing application for registration application, the right to use the traditional knowledge or an application for the right to use registered Traditional Knowledge
2. The content of the application documents
3. Conducting business on the application
4. Consideration of the application by Kyrgyzpatent
5. A decision on the registration of traditional knowledge and the right to use them. The decision to grant the right to use registered Traditional Knowledge
6. The decision to refuse the registration of traditional knowledge and the right to use them. The decision not to grant the right to use registered Traditional Knowledge
7. Registration of traditional knowledge and information about the right to use and publish their information
Appendix 1. The application for registration and the right to use in the Kyrgyz Republic Traditional Knowledge
Appendix 2. The application for the right to use in the Kyrgyz Republic Traditional Knowledge
These rules govern the application procedure, the persons entitled to protection as well as to establish the requirements to apply for and annexed documents defining the concept of traditional knowledge, isolated objects registered as traditional knowledge.
1. Preparation and submission of the registration application,
the right to use traditional
knowledge or the application for the grant of
use registered
Traditional Knowledge
1. In the filing and registration of traditional knowledge and / or the right to use the traditional knowledge holders have the right of traditional knowledge, provided by the Law of the Kyrgyz Republic “On the protection of traditional knowledge.”
2. The objects registered as traditional knowledge:
knowledge – possession of any data, knowledge of any practical skills, abilities, proven practices, the result of comprehension of reality, the system of information about the laws of nature, society, thinking;
Methods – practical ways to achieve any goal, ways to act, to act in some way, techniques and approaches used to solve a particular problem;
methods – the processes of implementation of actions, conduct, practices, methods of implementation, achieve anything, a means of implementing the conditions for the implementation of something.
Traditionally considered the types of knowledge that are passed from generation to generation, inherent particular people or territory of residence and continuously developed in line with changes in the environment.
3. The objects are not recorded traditional knowledge that is actually or potentially harm human life and health, and the environment.
4. The application for registration and the right to use traditional knowledge, the application for the right to use registered Traditional Knowledge (hereinafter – Application) submitted directly to the authorized state body in the field of intellectual property (hereinafter – Kyrgyzpatent) or sent by e-mail.
5. The application shall be filed with Kyrgyzpatent by the applicant (s) determined by themselves or through their (s) representative.
6. Foreign natural and legal persons shall have the right to carry out activities related to the registration of traditional knowledge and / or the right to use traditional knowledge, or the right to use registered Traditional Knowledge, through their legal representatives, unless otherwise established by a statutory order binding international treaties to which the Kyrgyz Republic.
7. It shall be supplied by a representative attached properly executed power of attorney issued by the applicant.
The power of attorney to represent the interests of a foreign legal entity or individual may be issued both by the person or his representative, having the appropriate power of attorney issued by the applicant. In the latter case are presented both duly executed power of attorney.
Any action of the representative, to which it is authorized in a power of attorney is regarded as an act of the applicant.
8. The application and documents attached to the application are available at the national or official language.
If the documents are filed in another language, the application shall be accompanied by a translation into the national or official language. The responsibility for the accuracy of the translation borne by the applicant.
2. Content of the documents of the application
10. Requests shall be submitted on the form set out in Appendices 1 and 2 to this Regulation.
11. Graphs, above the word “application”, the applicant shall not be filled. If any of the information can not be placed entirely in the appropriate boxes, they lead in the same form on a separate sheet indicating the application in the appropriate box: “See. The application on additional sheet.”
12. The application shall include:
1) full legal name of the entity (in accordance with constituent documents) or surname, name, patronymic (if any) of an individual, in the order shown in the statement.
For the legal entity of the Kyrgyz Republic requested the registration of traditional knowledge and / or requesting the right to use traditional knowledge, indicate the code of Enterprise.
For foreigner legal and private bodies asking registration of traditional knowledge’s and/or asking for giving rights of use traditional knowledge’s notice code of the country;
2) the name of the traditional knowledge;
3) Full post address of the applicant (legal address of the legal body or address of the location of the legal body and private body including official name of the country (if able);
4) Address for correspondence name of the address (note post index) and number of tel., fax, and e-mail (if able)
As an address for correspondence may be indicated for the location address in the Kyrgyz Republic the legal entity or residence address of a natural person permanently residing in the Kyrgyz Republic or the location address the applicant’s representative, with an appropriate power of attorney, or another address in the Kyrgyz Republic;
5) when the applicant was appointed representative – his surname, first name, middle name (if any), the address of his place of residence / location in the Kyrgyz Republic, telephone, telex and fax numbers, e-mail address (if available);
6) list of attached documents;
7) signature.
13. Name of the traditional Knowledge must comply with the spirit and purpose to characterize the object. The name set out in the singular, except names are not used in the singular.
14. Description of Traditional Knowledge should be specific and disclose the claimed subject matter in sufficient detail to implement it.
Description of the traditional knowledge should include:
1) an indication of the place of origin of the traditional knowledge.
Place of origin of traditional knowledge can be described by reference to the geographical boundaries of the object. The boundaries of the geographical object can be described by coordinates, the natural boundaries of the area – the rivers, mountains, lakes; administrative boundaries; durable structures, communication and the like;
2) Description of genetic resources in the case of using it in conjunction with traditional knowledge.
The objects registered as traditional knowledge, may further include the use of genetic resources – all the flora and fauna of the earth, water and other origin, which can be used by the holders of traditional knowledge to produce some practical results in any sphere of activity.
The inclusion of genetic resources traditional knowledge carried out when they are interconnected, accompany each other and have common characteristics – are the common heritage of the peoples, are public property, the property of the country and its regions;
3) the scope of traditional knowledge, and achieved positive results.
This section provides the features that characterize the object necessary for its implementation, ensuring the achievement of positive results.
The description must follow mandatory, the objective nature of the dependence of traditional knowledge on the characteristic of the geographical area of natural conditions and / or human factors.
The description should be informational, in particular, indicate the presence in a given geographical area of raw materials, the corresponding climatic, geological or other environmental conditions, people with traditional knowledge.
If there are multiple applications of traditional knowledge indicates advantageous. This indicates the specific purpose of traditional knowledge and a positive result indicates the area of application;
4) sources of fame a particular traditional knowledge, for example, information on previously published articles. In the absence of such data are reliable data on all sources of fame.
15. The list of attached documents is filled by placing the sign “X” in the appropriate boxes, and set the number of copies and sheets in each copy of the accompanying documents. For the attached documents, the form of which is not provided for the application form (“other document”), indicated their specific name.
16. The official document accompanying the application shall be submitted by the body which, by their competence, specialization gives a qualified opinion on the practical applicability of the traditional knowledge and confirms a positive result of its application in a particular area. A list of these state bodies and institutions approved by the Decree of the Government of the Kyrgyz Republic of July 9, 2009 N 371-p.
17. Attached (s) to the application in accordance with Article 9 of the Law “On the Protection of Traditional Knowledge” conclusion (s) competent authority (ies) organ (s) must (s) contain a confirmation that the applicant is a member of the local community and / or within the specified geographical area to which the traditional knowledge.
The conclusion seems from the local government, which, by their competence, specialization can confirm that the applicant is in the geographical boundaries of the object and is a member of a local community.
18. As the document confirming the right of a foreign applicant’s claimed traditional knowledge in the country of origin of traditional knowledge, provided the original certificate or other document confirming the right to use traditional knowledge issued by the competent authority of the country of origin of the traditional knowledge or its duly certified copy.
19. Filling in the last column of the application “Signature” with the date of the signing of the obligatory in all cases. The application shall be signed by the applicant. On behalf of the legal entity the application signed by the head of the organization and of its position, the signature is sealed.
When submitting an application signed by a representative representative.
If you have got extra sheets they subscribe in the above order.
3. Conducting business on the application
20. In order to do business on the application and represent their interests when considering the application, the applicant may appoint a representative with the issue of his duly executed power of attorney.
Power of attorney for representation can be represented as in an application, and during the proceedings.
The power of attorney shall be attached to the application.
Any action of the representative within the powers given to it has the same effect as the applicant’s actions.
Representation is valid until the expiration of a power of attorney. Early termination of powers specified in the authorization may be made by filing with Kyrgyzpatent by the applicant corresponding application (cancellation of power of attorney).
21. Correspondence is conducted on each application separately by the applicant or his representative, authorized to do so.
Materials sent after filing shall contain the application number and signature of the applicant or his representative.
The materials do not contain the application number, and, if the application number can not be set, returned without consideration.
The materials requested in the course of consideration of the application shall be submitted to Kyrgyzpatent within two months from the date of its receipt by the applicant.
If the conversation at the request of the representative of the applicant shall, deadlines for submission of materials to Kyrgyzpatent shall run from the date of receipt of this correspondence.
Consideration of the application with Kyrgyzpatent conducted in the state or official language. The materials submitted by the applicant in another language must be accompanied by a translation into the national or official language.
22. The applicant (the applicant’s representative) can get acquainted with the submitted their applications and documents related thereto, directly in Kyrgyzpatent, previously agreed upon date and time reference, and by requesting a copy of the application and its related documents.
23. If you need further clarification on the issue of the possibility of the applicant’s registration and granting the right to use Traditional Knowledge, Kyrgyzpatent may exercise its consideration of matters relating to the application, with the participation of the applicant (the applicant’s representative).
Such review shall take place at the suggestion of Kyrgyzpatent or at the request of the applicant after both parties are acquainted with these issues.
Date and time of the application previously agreed. In the event of a change of circumstances, the party has no opportunity to participate in the consideration of the application in due time, inform the other party.
4. Reviewing of the application in the Kyrgyzpatent
24. Received Kyrgyzpatent application materials are received by assigning the incoming number and fixing the date of their receipt.
The applicant or his representative shall be issued a receipt of acceptance of the application materials, indicating the number of sheets of received documents and the date of receipt.
Consideration of the application shall be held within three months from the date of filing with Kyrgyzpatent.
25. During consideration of the application is carried out to check if the application materials and compliance requirements for the content and design of the application and annexed documents provided by these rules:
1) application for registration and granting the right to use Traditional Knowledge or granting the right to use the registered traditional knowledge, indicating the applicant, as well as his whereabouts and residence;
2) description of Traditional Knowledge;
3) a document confirming payment of the fee for filing and consideration of the application;
4) The power of attorney issued to the representative of the applicant;
5) an official document issued by the competent authority, confirming the practical applicability of traditional knowledge, a positive outcome of their application in a particular area of activity;
6) Finally, the competent authority that the applicant is a member of the local community and / or in a geographical area to which the traditional knowledge;
7) a document confirming the right of a foreign applicant claimed his traditional knowledge;
8) translation of the documents attached to the application submitted in a national or official language;
9) matching the description of traditional knowledge is sought for the right to use the data contained in the State Register of traditional knowledge of the Kyrgyz Republic (State Register), if the claimed traditional knowledge has already been registered as a traditional knowledge.
Filing Date shall be the date of receipt of the documents specified in subparagraphs 1-3, 5 and 6 of this paragraph. If these documents are not presented simultaneously – the date of receipt of the last of them.
26. If in the process of consideration of the application found that the application is completed with violations of the requirements to the documents set out in these Rules, the applicant shall request with violations and inviting them to submit the corrected or missing information and / or documents within two months from the date of its receipt by the applicant.
The reason for the request are as follows:
– Lack in the application of information under these Rules and / or documents;
– The need to clarify the description of traditional knowledge, for which registration is sought and the right to use, or the right to use the registered traditional knowledge;
– The need to clarify information contained in the conclusions of the competent authorities;
– No document on payment of fee;
– Mismatch amount paid duty size, the statutes of the fee for registration and granting the right to use traditional knowledge, approved by the Government of the Kyrgyz Republic dated September 15, 2008 N 517.
5. The decision on registration of traditional knowledge
and the right to use them.
The decision to grant the right to use
Traditional Knowledge
27. In establishing compliance with the application materials requirements of Article 9 of the Law “On the Protection of Traditional Knowledge”, the decision:
– On the registration of traditional knowledge and the right to use them in the absence of registration of traditional knowledge in the State Register;
– Granting the right to use the registered traditional knowledge, in case of registration of traditional knowledge in the State Register.
28. In the decision on the registration of traditional knowledge and the right to use them in the decision granting the right to use the registered traditional knowledge include the following information:
– The name of the registered traditional knowledge provided in respect of which the right of use or registered traditional knowledge provided in respect of which the right of use;
– Information on the person (s) who (th) and is (are) the right to use traditional knowledge;
– The filing date is the date of commencement of the evidence for the use of traditional knowledge.
6. The decision to refuse the registration of traditional knowledge and the right to use them.
The decision not to grant the right to use registered Traditional Knowledge
29. In establishing the inconsistency of the application materials, including the requested information or documents, the requirements of Article 9 of the Law “On the Protection of Traditional Knowledge”, the decision to refuse:
– The registration of traditional knowledge and the right to use them in the absence of registration of traditional knowledge in the State Register;
– To grant the right to use the registered traditional knowledge in the case of registration of traditional knowledge in the State Register.
7. Registration of Traditional Knowledge and Information granting the right to use it and publication of information
30. On the basis of Kyrgyzpatent decision on the registration of traditional knowledge and / or the right to use them, subject to payment of the prescribed fee, Kyrgyzpatent in accordance with Article 11 of the Law of the Kyrgyz Republic “On the protection of traditional knowledge” makes the registration of traditional knowledge and / or information about the right to use traditional knowledge in the State Register.
31. The applicant, in whose name the registered traditional knowledge and / or given the right to use traditional knowledge, in the prescribed manner shall be issued a certificate for the use of traditional knowledge.
32. At the request of the holders of traditional knowledge, information relating to the registration and granting the right to use Traditional Knowledge, published by Kyrgyzpatent in the Official Bulletin “Intellectual Property”.
Rules to Complete, File and Review Applications for Registration of integrated Circuits
Approved by the Government
of the Kyrgyz Republic
of November 29, 2011 N748
Rules
to complete, file and review
applications for registration of integrated circuits
1. Filing an application
2. The content and design of the application documents
3. Review of the application
Annex 1. Application for official registration of integrated circuits.
Annex 2. Addition to the column 9 of form
This Rules an order of complete, file and review applications for registration of integrated circuits in accordance with Law of the Kyrgyz Republic “On legal protection of integrated circuits”.
1. Filinganapplication
1. The author of integrated circuits or other right holder can registered integrated circuits in authorized state body in the field of IP (Further – Kyrgyzpatent) by way of filing application.
2. Application shall concern to one integrated circuits.
3. Application for registration of integrated circuits shall include materials, belonging both to integrated circuits of the most basic matrix crystal, and to integrated circuits of the custom-made integrated chips realized on its basis.
4. The persons having the right for application.
The right for application and registration of integrated the author or any owner have (further the applicant).
The application is submitted directly by the applicant or through the representative. Powers of the representative are confirmed by the power of attorney issued according to the legislation of the Kyrgyz Republic.
5. Application procedure.
The application is submitted in time, not exceeding two years from the date of the first use of integrade circuits if it took place.
The application is submitted to Kyrgyzpatent directly or goes by mail.
6. The demand has to contain:
– the application for official registration of integrated circuits with instructions of the owner, and also author if he didn’t refuse to be specified as that, their location (residence), date of the first use of integrated circuits if it took place;-
– scheme a spatial geometric arrangement of elements of integrated circuits;
– A document confirming payment of the registration fee in the established amount or grounds for exemption from the registration fee, as well as reducing its size.
The documents attached to the application:
– A certified copy of the document confirming the date of first use of topology for commercial purposes, if the topology used for commercial purposes after the date of its filing with Kyrgyzpatent;
– A duly certified copy of the document confirming the transfer of property rights, if the owner is not the author;
– A duly executed power of attorney for representation, if the application is filed through a representative.
7. The documents shall be presented at the national or official language. If the application documents are presented in another language, then they attached properly certified translation into the state or official language of the deposited materials.
8. The documents shall be presented in one copy.
2. Content and execution of the documents
9. Request for execution of the documents for application.
Application documents drawn up in such a way that they can be directly reproduced photographically, electrostatic, offset and microfilming.
Documents applications run on sheets of strong, white, smooth, non-transparent, non-glossy A4 paper (210×297 mm) and start on a separate sheet if their established form does not provide otherwise. Margins of the sheets of the application documents must be not less than (mm):
– Left – 20;
– Top – 17;
– Right and bottom – 7.
Each application documents the second and subsequent sheets enumerated by Arabic numerals and letters are printed in black.
10. The application for official registration of integrated circuits given by form (Annex 1 to this Rules).
Foreign names companies listed in Kyrgyz or Russian transliteration.
Counts statements above the word “statement”, designed to make details after receipt of the application to Kyrgyzpatent by the applicant and are not filled.
In the “Applicant (s)” shall indicate the full name or the name of the applicant, his place of residence or location. Data on the place of residence of the author – the applicant specified in the “Author”.
Earl “The grounds of the rights to this work” is filled in where the applicant is not the author. It by placing the sign “X” in the appropriate box indicates the legal owner.
In the column “Name of an integrated circuit with this topology” the abbreviated and full name of the topology.
Earl “alternative name” is filled in if there is an additional name for the registered topology which can be previously written document related to the topology.
In the “To find the nearest analogue of this topology” is analogue, if any. The analogue may be specified topology is not used and the previously used for commercial purposes. In the latter case, in the column “Date and place of first use of topology for commercial purposes” indicates complete date (day, month, year) and the country is the first use of this topology for commercial purposes.
In the “data holder to the date of the first use of this topology for commercial purposes,” provides information about its legal owner on the date of first use.
In the “information protected topologies” provides information about the topologies used in creating the topology shown in the registration. The concept of protected topology includes both registered and unregistered topology used for commercial purposes, no more than two years. This may be the closest analogues of the claimed topology, as well as members of the claimed topology different topology, consisting of the elements of well-known developers and manufacturers of TIMS at the date of its creation, the totality of which is original. Data on topologies gate array topologies and custom integrated circuits based on it.
In the column “Author” surname, first name (if available) of the author in the nominative case, in that order, date of birth, citizenship and address of the author, including the official name of the country and telephone.
In the same column is a brief description of the author’s creative contribution to the creation of the work.
If there are several authors, you will need to fill the form CT / MORE (Appendix 2), indicating the scope of the specific contribution of each author to the creation of this topology.
Graphs “Application Documents” and “The documents attached to the application” are filled by placing the sign “X” in the appropriate boxes.
In the column “deposited materials,” says the kind of material that identifies a given topology.
In the column “Information about the destination” shall provide information on the destination, which should send correspondence to this application, ie, the address of the name or the name of one of the applicants that meet the customary requirements for prompt postal delivery and telephone, telex and fax numbers (if available).
In the last column of the application confirms that the information provided in the application is true and consistent deposited identifying material. Earl signed. Signature stands with the name and initials of the signatory.
When applying for the registration of two or more applicants request form signed by each of them, and correspondence is conducted with a representative authorized by the applicants to the address specified in the relevant column of the application.
On behalf of the legal entity shall be signed by CEO, indicating its position, signature and seal of the stands.
11. Requirements for the deposit materials.
Materials submitted to Kyrgyzpatent for deposition should ensure unambiguous identification of the registered topology.
In order to identify the topology is not used for commercial purposes, prior to the date of application for registration deposited application materials must include: complete one of the following types of visually perceived materials, displaying each layer topology, in one instance:
– Photomasks;
– Collecting artwork;
– Layered artwork;
– Photos of each layer topology recorded in TIMS;
– Essay containing information intended for publication in the Official Gazette:
TIMS name;
name of the applicant;
scope, purpose or function TIMS;
kind used for the manufacture of TIMS technology.
The average volume of the abstract text to 1500 characters.
In order to identify the topology used for commercial purposes, prior to the date of application for registration, the application materials should be deposited further comprise samples of TIMS, including this topology, in the form in which it was used for commercial purposes, and in the abstract – contain information about the date the first commercial use, and the main characteristics of the sample TIMS.
Graphic images of artwork executed on vellum or smooth white paper. Format sheets folded to be 210×297 mm. Minimum field leaf graphic images should be sized: the top and left side – 20 mm, right – 15 mm, bottom – 10 mm.
The images in the photographs must be contrasted.
All copies of drawings and photographs specified scale images.
The visually perceptible material on the scale of the image represented at least 20: 1.
Samples TIMS is included in the application should allow them the possibility of obtaining a visually perceived image of each layer of its topology.
If any layer topology contains confidential information (e.g., relating to “know-how”), a visually perceptible material corresponding part of the layer (or the entire layer) may be removed and incorporated into the deposited materials, identifying a topology in coded form.
3. Consideration of the application
12. Receiving in Kyrgyzpatent materials given income N and fixed date its receiving.
To the applicant or his representative the certificate of acceptance of materials of the application, with the indication of the entering number, dates of receipt and the list of the accepted documents is issued.
13. Consideration of the applicationis made within six months.
The arrived materials of the application are checked for existence of the document confirming payment of a registration fee for giving and consideration of the demand in the established size.
In the absence of such document, the applicant is notified on need of his representation before the expiration of two months from the date of receipt of the application on condition of payment of additional collecting.
Within two months after receipt of the application in Kyrgyzpatent the applicant has the right to supplement, specify and correct application materials.
14. During consideration of the application is established:
– compliance of the sum of the paid registration fee to the established sizes;
– existence of the necessary documents determined by point of 6 these rules;
– correctness of paperwork of the application according to requirements of points 9-11 of these rules;
– compliance to the declared integrated circuits to objects to which legal protection is provided.
According to the application submitted with violation of the established requirements, Kyrgyzpatent sends to the applicant inquiry with the offer within two months from the date of receipt of inquiry to eliminate the available defects.
15. If as a result of consideration of the demand it is established that it is issued on object to which legal protection is provided, the decision on official registration of topology on what the applicant is notified is passed.
Kyrgyzpatent, at positive result of check enters the corresponding record in the Register of intergrated circuits of integrated chips of the Kyrgyz Republic, Intellektualdyk a menchik” publishes in accordance with the established procedure data on the registered topology in the official bulletin of Kyrgyzpatent “, grants to the applicant the certificate on official registration.
16. If as a result of consideration of the application it is established that it is issued on object to which legal protection isn’t provided, and in case of non-compliance with the paragraph by the applicant of requirements two points of 5 these rules, i.e. in case of excess of established periods of application for registration by it from the date of the first use of topology for commercial purposes (two years), the decision on refusal in official registration of integrated circuits with reduction of the corresponding justification is passed.
In case of refusal the paid collecting and materials of the application to the applicant don’t come back to registration of the application.
Annex 1
Form
Authorized state body in the field of IP
(Kyrgyzpatent)
Address:
Date of receive ___ number _________ month _____ year
Income N _____
Official N of registration _____
Application
For official registration of integrated circuits
Submitting the documents provided below, I ask to make registration of topology_______________________________________________________________________
1. Application (s)
_______________________________________________________________________
(full name and location)
Information on location mentioned in column (9).
_______________________________________________________________________
2. The bases of emergence of the rights for this topology (if the applicant isn’t an author):
[] the applicant is the author’s employer;
[] transfer of rights by the author or his assignee to the other person;
[] transfer of rights by the employer to the other person;
[] right of succession._______________________________________________________________________
3. The name of an integrated chip with this topology (reduced and full):
_______________________________________________________________________
4. Alternative name
_______________________________________________________________________
5. Data on the closest analog of this integrated circuits
_______________________________________________________________________
6. Date and place of first use of integrated circuits at commerce purposes
____ number ________ month _____ year
country ____________________________
_______________________________________________________________________
7. Data on the holder on the date of the first use of this integrated circuits for commercial purposes (name, name, nationality, address, telephone number)
_______________________________________________________________________
8. Information on protection of the integrated circuits
_______________________________________________________________________
9. Author
__________________________________________________________________
Surname, name
Date of birth ___________ number ________________ month _______year
Nationality ______________________________________________________
__________________________________________________________________
Address of location, telephone
__________________________________________________________________
Summary of an author’s contribution to this work
_______________________________________________________________________
10. Deposit materials, identifying this integrated circuits:
[ ] complete set of one of the following types of visually perceived materials displaying each layer of this topology including the specification, in ________ copy:
[] photo masks ______ piece;
[] the combined topological drawing on ______ l.;
[] layer-by-layer topological drawings on ______ l.;
[] the photo of each layer of the topology recorded in an integrated chip ______ by piece;
[] the scheme of a spatial and geometrical arrangement of elements of topology of IMS, on ______ l.;
[] the samples of an integrated chip including this topology in the form in which it was used for commercial purposes, in _____ by copy;
[] the paper, in ______ piece._______________________________________________________________________
11. Documents attached to application:
[ ] document on payment of a registration fee;
[] document on release from payment of a registration fee or reduction of its size;
[] copy of the document on transfer of property rights;
[] the copy of the document confirming date and a place of the first use of topology for commercial purposes;
[] power of attorney of the representative of the owner;
[] translation into the state or official language
_______________________________________________________________________
12. Data on the addressee (who should send correspondence on this demand) the address, including the postal index:
– phone number, including the international code (the fax, the telefax, etc.);
– recipient.
I am, _______________________________________________________________
(Position)
______________________________________________________________________,
(Surname, name)
this is to confirm that the data specified in the statement are true and corresponding to the deposited identifying materials.
Signature _________________ “___” _________ 201__ .
RULES giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic
RULES giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
I. General provisions
1. These rules define an order of giving of objections, statements and their consideration in Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (further – Rules).
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
2. Appeal council at the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (further – Appeal council) is obligatory primary body for consideration of disputes concerning protectability of objects of industrial property and selection achievements in the Kyrgyz Republic, and also realizes other powers referred to competence of Appeal council by these rules and other regulations of the Kyrgyz Republic.
The structure of Appeal council is formed and approved by the order of Public service of intellectual property and innovations at the Government of the Kyrgyz Republic (further – Kyrgyzpatent) from the most competent employees of Kyrgyzpatent and the organizations subordinated to it in number of 7 members.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
II. Objections and applications submitted to Appeal council
3. To Appeal council according to Patent Law of the KR, Laws of the KR “On Trademarks, Service Marks and Appellations of Origin of Goods», “On legislative protection of Selection Achievements”, “On Firm Names”, В Апелляционный совет в соответствии с Патентным законом Кыргызской Республики, законами Кыргызской Республики “О товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров”, “О правовой охране селекционных достижений”, “О фирменных наименованиях” and the international treaties which came in accordance with the established procedure into force which participant is the Kyrgyz Republic, the following objections and applications can be submitted:
1) on decisions on refusal in issue of the patent for the invention, an industrial sample, useful model, selection achievement;
2) on solutions of preliminary expert examination on refusal in registration of the Trademark, a Service Mark and Appellations of Origin of Good;
3) on solutions of examination on preliminary refusal in registration of the trademark, a service mark according to the Madrid agreement on the international registration of signs of April 14, 1891 revised in Brussels on December 14, 1900 in Washington – on June 2, 1911, in the Hague – on November 6, 1925, in London – on June 2, 1934, in Nice – on June 15, 1957 and in Stockholm – on July 14, 1967 (further – the Madrid agreement on the international registration of signs);
4) on solutions of examination on preliminary refusal in registration of the trademark, a service mark according to the Protocol to the Madrid Agreement on the international registration of signs of June 28, 1989 (further – the Protocol to the Madrid Agreement on the international registration of signs);
5) on solutions of formal or preliminary expert examination on refusal in issue of the patent for the invention, an industrial sample, useful model;
6) against application for selection achievement;
7) on decisions on refusal in the registration of the trademark, a service mark accepted by results of examination of the declared designation;
8) on final refusals in registration of the trademark, a service mark by results of examination of the declared designation according to the Madrid Agreement on the international registration of signs;
9) on final refusals in registration of the Trademark, a Service Mark by results of examination of the declared designation according to the Protocol to the Madrid Agreement on the international registration of signs;
10) on decisions on refusal in registration of the name of a place of goods origin and granting a right of use of it, granting a right of use of already registered Appellations of Origin of Goods, accepted by results of examination of the declared designation;
11) on the decisions on registration of the trademark, a service mark accepted by results of examination of the declared designation including in cases:
– exceptions examination from protection of one or several elements of a sign;
– changes by examination of the inventory provided by the applicant for which registration of a sign was asked;
12) on the solution of examination on refusal in registration of Firm Name;
13) on refusal in satisfaction of the petition for modification and additions in the state register of Firm Names;
14) against issue of the patent for the invention, including the patent for the invention which is taken out according to the Eurasian patent convention, an industrial design, utility model, selection achievement;
15) against registration of the Trademark, a Service Mark;
16) against registration of the Trademark, a Service Mark according to the Madrid Agreement on the international registration of signs;
17) against registration of the Trademark, a Service Mark according to the Protocol to the Madrid Agreement on the international registration of signs;
18) against registration of the Appellations of Origin of Goods and issue of the certificate for a right of use of the Appellations of Origin of Goods;
19) about cancellation of registration of Appellation of Origin of Goods origin or the certificate on a right of use of Appellation of Origin of Good;
20) against registration of Firm Name.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
4. The following applications can be submitted to Appeal council:
1) about recognition of the Trademark well-known in the territory of the Kyrgyz Republic;
2) about loss of the well-known Trademark of the status well-known.
III. Conditions and order of giving of objections and statements
5. The objections and statements provided by subparagraphs 1-5, 7-13 of point 3 and subparagraph 1 of point of 4 these rules move the applicant directly or through his representative.
The objections and statements provided by subparagraphs 6, 14-20 of point 3 and subparagraph 2 of point of 4 these rules move any person directly or through his representative.
Objections or applications are submitted in the state or official language.
Foreign legal entities or natural persons who are constantly living outside the Kyrgyz Republic, or their patent agents give objections, correspond on them with Appeal council and participate in meetings through the patent agents registered in Kyrgyzpatent if other order isn’t established by the international agreement with participation of the Kyrgyz Republic.
The power of attorney issued according to the legislation of the Kyrgyz Republic is attached to objection or the application submitted through the representative or the patent agent.
The power of attorney can be issued to the patent agent registered in Kyrgyzpatent on representation of interests of the foreign legal entity or natural person who is constantly living outside the Kyrgyz Republic both this person, and to his patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney, or their copies issued properly are submitted.
6. In objection or the statement have to be specified:- registration number of the applicacation for the invention, utility model, industrial design, the trademark, service mark and the Appellations of origin of goods, firm name, selection achievement, and at contest of the security document – and number of the last, a surname, a name, a middle name of the natural person or the name of the legal entity which gave objection, and the address for correspondence;
– an essence of dispute on the appeal of the challenged decisions;
– the exhaustive indication of all motives and arguments of the applicant, including the comparative analysis offered and all objects opposed to it (at refusal in issue of the security document);
– motivated argument, proofs and justification of the circumstances which are according to the applicant, the basis of its requirements and objections;
– accurately formulated requirements of the applicant for a dispute subject.
The objection or the application is submitted to Appeal council in duplicate.
7. The objections provided by subparagraphs 1-4, 7-11 of point of 3 these rules move within three months from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 5 of point of 3 these rules moves within two months from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 6 of point of 3 these rules moves within six months from the date of the publication of data on the demand.
The objection provided by subparagraph 12 of point of 3 these rules moves within one month from the date of receipt by the applicant of the decision.
The objection provided by subparagraph 13 of point of 3 these rules moves within a month from the date of receipt by the applicant of the notice.
The objection provided by subparagraph 14 of point of 3 these rules moves during all period of validity of the patent.
The objection provided by subparagraph 15 of point of 3 these rules in case of violation of the requirements established by articles 3 and 4 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of origin” moves during all period of validity of registration, and on the bases established by article 5 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin” – before the expiration of five years from the date of the publication of data on registration in the official bulletin.
The objection provided by subparagraphs 16-17 of point of 3 these rules moves during all period of validity of registration of the Trademark, a Service Mark.
The objection provided by subparagraph 18 of point of 3 these rules moves during action of registration of Appellation of Origin, the certificate on a right of use of Appellation of Origin.
The objection provided by subparagraph 19 of point of 3 these rules moves during all period of validity of registration of Appellations of Origin or the certificate on a right of use of the name of a place of goods origin.
The objection provided by subparagraph 20 of point of 3 these rules moves during all period of validity of registration of Firm Name.
The statement provided by subparagraph 1 of point of 4 these rules moves during action of registration of the Trademark.
The statement provided by subparagraph 2 of point of 4 these rules moves during action of registration of the well-known Trademark.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
8. The document confirming payment of the corresponding duty on giving of objection or the statement in the established size has to be attached to objection or the statement.
To the objection provided by subparagraphs 2, 3, 4, 7, 8, 9 and 12 of point of 3 these rules concerning uniform goods, the consent of the owner of the Trademark specified in points 1, 2 and 3 of part 1 of article 5 of the Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin”, to registration of the given designation is applied.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
9Date of giving of objection or the statement date of representation of the objection or an application issued according to requirements of these Rules, with the appendix of the document confirming payment of duty on giving of objection or the statement in Appeal council is considered.
At discrepancy of the submitted objection or the application to requirements of these rules or non-presentation together with objection or the statement of the document confirming payment of duty in the established size, the objection or the statement is considered not given.
The document confirming payment of duty, presented with violation of an order of its registration is considered invalid, and the objection or the application in this case is returned to the applicant for correction. The term of consideration of objection or the statement is estimated from the date of submission of the corrected document.
10. The person who submitted objection or the application or his representative can withdraw the submitted objection or the application before announcement of resolutely part of the decision of Appeal council. Thus duty on giving of objection or the application isn’t returned.
11. According to the petition of the applicant excessively paid sum of duty or the paid sum of duty on giving of the objection or the statement recognized not given comes back or set off in accordance with the established procedure on account of payment of other duties.
12. The term of objection passed by the applicant can be restored according to the petition of the applicant according to the legislation of the Kyrgyz Republic.
The petition has to contain confirmation of good reasons of the admission of a term of objection and the document confirming payment of duty on restoration of the passed term of objection and duty on giving of objection in the established size has to be attached to it.
At non-presentation together with the petition containing confirmation of good reasons of the admission of term of objection, the document confirming payment of the specified duties in the established size, the petition and objection are considered as not given.
In case duty is paid in a size, smaller established, and/or the document confirming its payment no, the objection or the statement in this case is considered not given.
13. According to the petition of the applicant excessively paid sum of duties or the paid sum of duties on restoration of the passed term of objection and giving of objection in case of recognition of the petition and objection by not given comes back or set off in accordance with the established procedure on account of payment of other duties.
IV. Registration and reception of objections and statements
14. The objection or the statement provided by the section II of these rules the written objection which came to Appeal council or the statement meeting the conditions of giving of objections or statements provided by the section III of these rules admits.
(In edition of the resolution of the government of KR of May 20, 2014 No. 263)
15. The objection which came to Appeal council or the statement is registered and the entering number is assigned to it.
16. About acceptance to consideration of the objection or the statement provided by subparagraphs 14-20 of point 3 and subparagraph 2 of point of 4 these rules the notice to the owner of the challenged security document with application of a copy of objection or the statement goes.
To the owner of the Trademark, the Service Mark registered according to the Madrid Agreement on the international registration of signs or the Protocol to the Madrid Agreement on the international registration of signs, the specified notice goes directly to the address of the owner of a sign. Thus it is reported that further business management, the objection connected with consideration or the statement, is carried out through the patent agent registered in Kyrgyzpatent according to the section III of these rules.
17. In case the objection or the statement doesn’t meet the giving conditions provided by the section III of these rules, the objection or the application is returned, it is considered not given.
V. Terms of consideration of objections and statements
18. The objections provided by subparagraphs 12-13, 20 of point of 3 these rules are considered by Appeal council within two months from the date of their receipt.
The objections provided by subparagraphs 1-11, 15-19 of point of 3 these rules are considered by Appeal council within four months from the date of their receipt.
The objections provided by subparagraph 14 of point of 3 these rules are considered by Appeal council within six months from the date of their receipt.
The statements provided by subparagraphs 1-2 of point of 4 these rules are considered by Appeal council within four months from the date of their receipt.
19. Any person to whom the notice of acceptance of objection or the statement to consideration by Appeal council is sent, can address to Appeal council with the petition for transfer of term of a meeting with the indication of good reasons.
The petition moves in writing, with the indication of good reasons, and is accepted if it arrived in three working days prior to the declared term of consideration of objection or the statement.
In this case new date of a meeting of Appeal council on what all participants of consideration of objection or the statement are notified is appointed.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
20. Appeal council is obliged to suspend proceeding in cases:
– death of the citizen (natural person), elimination or reorganization of the legal entity who is the participant of consideration of objection or the statement if disputable legal relationship allows succession – before definition of the assignee of the left person;
– impossibility of consideration of the this case up to the permission of the another matter considered in civil legal proceedings or an administrative order.
After stay of proceeding the current of all terms provided by the legislation stops.
The proceeding renews according to the statement of the person who is legally interested in outcome of the case or at the initiative of Appeal council after elimination of the circumstances which formed the basis to its stay.
VI. Consideration of objection or the statement at a meeting of Appeal council
21. Consideration of objection or the statement is carried out at a meeting of Appeal council as a part of not less than five of his members.
22. To participate in consideration of objection or the statement the person who submitted objection or the application, the owner of the challenged security document and/or their representative and the representative of the relevant department of examination Kyrgyzpatent can.
The person who submitted objection or the application the owner of the security document can take part in consideration of objection or the statement personally, and also through the representative which powers have to be confirmed properly with the issued power of attorney.
Appeal council can allow participation to other persons without vote.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
23. Absence of any person having the right to participate in consideration of objection or the statement and notified on date and a place of a meeting of Appeal council isn’t an obstacle to consideration of objection or the statement.
Appeal council has the right, having recognized impossibility of consideration of objection or the statement at this meeting owing to absence of the parties, to postpone the date of holding a meeting.
24. Production in Appeal council is conducted in the state or official language. The persons participating in dispute not knowing language in which production is conducted are granted the right of acquaintance with materials of dispute and participation in actions of Appeal council through the translator.
25. A meeting of Appeal council the chairman directs.
The chairman opens a meeting of Appeal council and represents members of Appeal council and persons participating in consideration of objection or the statement.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
26. Consideration of objection or the statement in essence begins announcement of objection or the statement by the chairman.
Further consideration of the case is conducted, as a rule, in the following sequence:
– hearing of the parties and answers to questions of members of Appeal council;
– speech of experts, in case of need.
27. The minutes of Appeal council are conducted by the secretary of Appeal council.
The minutes are signed by the chairman and the secretary of Appeal council.
28. In case of need Appeal council has the right to appoint the definition independent examination for an explanation of the questions demanding special knowledge. The materials submitted these experts shouldn’t contain data on the applicant and a being of the considered dispute.
Carrying out independent examination has to be charged to the competent experts possessing knowledge necessary for this purpose.
The independent expert if necessary has the right to request additional materials from Appeal council.
The conclusion of independent experts shall conclude:
– fill description of researches;
– make conclusions by results;
– concrete answers to questions of Appeal councilо.
The conclusions must be in written for give to Appeal council. In case of insufficient clarity or incompleteness of an opinion of an independent expert Appeal council has the right to appoint repeated examination, having charged its carrying out to the same expert or other independent expert or a commission of experts.
VII. The introduction of decisions in force
29. The decision of Appeal council is made by results of meeting of members of Appeal council after completion of consideration of objection or the statement in essence.
The decision is made by the simple majority from total number of members of Appeal council. At equality of votes, the voice of the presiding Appeal council is decisive.
The resolutory part of the decision accepted by Appeal council is disclosed to the presiding parties participating in consideration of objection or the statement.
30. In the presence of a dissenting opinion at any of members of Appeal council it is applied to the decision.
31. The decision of Appeal council is stated in writing and is signed by the chairman and all members of Appeal council participating in dispute consideration.
By results of consideration of the objections or statements provided by the section II of these rules decisions on satisfaction, on partial satisfaction or on refusal in satisfaction of objection or the statement are passed.
32. The motivated decision of Appeal council is formed and goes to the person which submitted objection or the application in case of contest of the security document or registration – also to the owner of the security document, within a month from the date of pronouncement of the decision. If necessary the copy of the decision can be sent to the relevant divisions of Kyrgyzpatent.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
33. The decision of Appeal council comes into force from the date of its acceptance.
34. (No. 263 became invalid according to the resolution of the Government of KR of May 20, 2014)
35. At disagreement with the decision of Appeal council in the cases provided by the legislation of the Kyrgyz Republic, any of the objecting parties in six-months time from the date of receipt of the decision has the right to file a lawsuit the complaint.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
Rules for Filing, Review and Classification of the Patent Application of the Kyrgyz Republic for a Secret Invention
Approved
by resolution of the Government
of the Kyrgyz Republic
of January 5, 2011 N 8
Rules for Filing, Review and Classification of the Patent Application of the Kyrgyz Republic for a Secret Invention
1. General provision
2. Filing application for secret invention
3. Classification of the application containing the data making the state secret
4. Examination of the application for the confidential invention
5. Appeal order applicant of solutions of examination on the application for the secret invention
1. General provision
1. These Rules of giving, consideration and a classification of the application for issue of the patent for the secret invention (further – Rules) are developed according to article 2 of the Law of the Kyrgyz Republic “On secret inventions” and define procedure of giving and consideration of the application for issue of the patent for the confidential invention (further – the application for the secret invention), conditions of its classification according to laws of the Kyrgyz Republic “On secret inventions”, “On protection of the state secrets of the Kyrgyz Republic”, the Patent Law of the Kyrgyz Republic and other regulations regulating the privacy mode in the Kyrgyz Republic.
2. Application for the secret invention
2. The application for the secret invention is submitted by the persons provided by article 5 of the Law of the Kyrgyz Republic “On secret inventions” according to requirements of the Patent Law of the Kyrgyz Republic, with observance of requirements of preservation of the state secrets provided by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” and these rules.
The application for the secret invention which arrived from foreign citizens or foreign legal entities comes back to the applicant without consideration.
3. Application for invention Заявка на изобретение, subject to a classification, giving to authorized state body in the field of intellectual property (further – Kyrgyzpatent) to special division of the Kyrgyzpatent.
4. Applications (legal entities) – the ministries, the state committees, administrative departments having lists of the data which are subject to a classification and the classified information containing in the applications for inventions submitted by them submit such applications with putting down of a signature stamp of the corresponding degree of privacy for them through the regime and confidential structural divisions.
5. Applicants (natural and legal entities) which don’t have lists of the data which are subject to a classification in case the application submitted by them, in their opinion, contains the data making the state secrets and it has to be secret, submit such application with the offer on a classification through regime and confidential structural divisions in a work place, and in the absence of such opportunity, – through special communication in a residence (stay), or directly in the order provided by the Patent Law of the Kyrgyz Republic.
6. Use of the fax for a document transfer, containing the data making the state secret isn’t allowed.
7. The demand for the secret invention is formed according to requirements of the Patent Law of the Kyrgyz Republic and other regulations of the Kyrgyz Republic.
By drawing up the description of the secret invention it is forbidden to specify data for which privacy degree above, than degree of privacy of the declared invention is established.
8. All documents requests for the secret invention are submitted in one copy.
9. According to the demand for the confidential invention the special sector of Kyrgyzpatent conducts separate office-work with observance of the conditions providing protection of the state secrets according to the legislation of the Kyrgyz Republic.
3. A classification of the application containing data making the state secret
10. Inventions are coded on the basis of the list of the data making the state secret of the Kyrgyz Republic and developed by the central executive bodies of lists of the data which are subject to a classification.
11. The classification of inventions for reasons of preservation of a trade secret or for other motives which aren’t connected with preservation of the state secrets isn’t allowed.
12. A classification of the applications containing the data making the state secrets, establishment of degree of privacy and also terms of its revision are carried out by the government bodies determined by the Government of the Kyrgyz Republic according to the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” (further – authorized government bodies).
13. The application for secret invention, giving by the state body – ministry, state committee, administrative office having list of information? Shall be secret concerning to Law of the Kyrgyz Republic “On protection of the State secrets in the Kyrgyz Republic” the Application The application for the secret invention submitted by government body – the ministry, the state committee, administrative department having the existing lists of the data which are subject to a classification is coded by government body in the order provided by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic” with putting down of a signature stamp of the corresponding degree of privacy and establishment of term of its revision.
14. The application for the secret invention which pass to Kyrgyzpatent for which degree of privacy isn’t established, and containing the proposal of the applicant that in it the data making the state secret within three working days from the date of its receipt are reflected in Kyrgyzpatent is considered by special sector of Kyrgyzpatent regarding detection in it of data which according to the list of the data making the state secrets of the Kyrgyz Republic can be carried to the state secrets.
15. In case of detection in the demand of the data making the state secret, the special sector of Kyrgyzpatent makes registration of the demand, assigns it special number and directs, depending on thematic accessory, in the appropriate authorized government body allocated with powers on reference of data to the state secrets and their protection.
Special number of the demand for the secret invention consists from: the first four figures meaning year of receipt of the application, the fifth figure – the code used for designation of demands for confidential inventions and two other figures – serial numbers of the application for the secret invention in a series of this year.
16. The application for secret invention Заявка на секретное изобретение, come to authorized government body to which field of activity the declared invention belongs, it is checked for validity of its classification and establishment of degree of privacy. Check is made within three months from the date of receipt of the demand in the specified government body.
In case sufficient bases for a classification of the invention it isn’t established, to the applicant and Kyrgyzpatent goes the motivated conclusion about declassification, or about decrease in degree of privacy, or about an exception of materials of the application of the classified information which isn’t relating to essence of the declared decision.
If the applicant within two months from the date of receipt of such conclusion doesn’t declassify, won’t lower privacy degree, won’t exclude the classified information which isn’t relating to essence of the declared object from application materials or won’t submit a motivated request for extension of the specified term, the application is considered not given.
17. In case of adoption by authorized government body of the decision on need of a classification of the demand, the authorized government body makes the conclusion about a classification of the invention, degree of its privacy, establishes the term of its revision, puts down on the demand a signature stamp of the corresponding degree of privacy and sends this confidential application to special sector of Kyrgyzpatent which further consideration is carried out in Kyrgyzpatent, according to point of 3 these rules.
18. In the absence of the bases for a classification of the declared invention, the authorized government body makes the conclusion about absence in the application of the data which are subject to a classification and sends it together with the application to special sector of Kyrgyzpatent.
The special sector of Kyrgyzpatent transfers the unclassified application to expert department of open office-work of Kyrgyzpatent for its further consideration regarding establishment of protectability of the invention according to the Patent law of the Kyrgyz Republic on what the applicant is notified.
The term of consideration of the specified application in Kyrgyzpatent for the period of consideration of the demand by authorized government body lasts according to the Patent Law of the Kyrgyz Republic.
4. Examination of application for secret invention
19. Examination of the demand for the confidential invention on which need of a classification is confirmed, is carried out by Kyrgyzpatent and includes formal, preliminary examinations and examination in essence which are carried out according to the Patent law of the Kyrgyz Republic and other regulations of the Kyrgyz Republic, with observance of requirements of preservation of the state secrets established by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic”.
20. Expertize of the application for the confidential invention is carried out by Kyrgyzpatent’s employees having the admission to the state secrets, the corresponding degree of privacy of the data containing in the application for the confidential invention.
In case of need, when carrying out examination in essence, Kyrgyzpatent has the right to involve in carrying out examination of the application for the secret invention of specialists of the appropriate authorized government bodies having necessary qualification for carrying out such examination.
Examination of the application in essence relating to essentially new means of arms, military equipment and special technical means is carried out after providing the conclusion of authorized government body to which competence the invention is carried.
21. Expertize on the substance of the application for the confidential invention is carried out in the presence of the petition of the applicant for carrying out examination in essence. In case of not receipt of the specified petition in the time established by the Patent law of the Kyrgyz Republic, the application for the secret invention is considered withdrawn.
22. At determination of protectability of the secret invention the patentability conditions established by the Law of the Kyrgyz Republic “On secret inventions” and the Patent law of the Kyrgyz Republic are applied.
At determination of novelty of the secretl invention, along with the data provided by the Patent Law of the Kyrgyz Republic on condition of their earlier priority have to be included in equipment level:
– patents of the Kyrgyz Republic for secret inventions;
– the applications for issue of patents for confidential inventions submitted in the Kyrgyz Republic by other persons (except for the withdrawn application);
– the data making the state secrets opened in printing editions and other sources of information, which became available in the Kyrgyz Republic for the persons having access to such data legally before a priority of the declared secret invention.
At determination of novelty of secret inventions, degree of privacy of the data making the state secrets, included in equipment level shouldn’t exceed degree of privacy of the declared secret invention.
23. Decisions, notices, inquiries of examination are signed by the expert who was carrying out expertize and the head of special sector of the Kyrgyzpatent.
Additions, specifications, the corrections of materials of the demand directed by the applicant to Kyrgyzpatent are certified by the government body which appropriated to materials of the demand for the confidential invention a security classification.
24. The applicant has the right on the initiative or of the invitation of special sector of Kyrgyzpatent to take part in consideration of the questions arising during examination to examine the materials used when carrying out examination in the order determined by the legislation.
25. If as a result of examination of the application for the secret invention of Kyrgyzpatent establishes that the declared invention in the volume of legal protection asked by the applicant corresponds to the conditions of patentability of the invention determined by article 5 of the Patent Law of the Kyrgyz Republic the decision on issue of the patent for the confidential invention with the formula of the invention offered and coordinated with the applicant is passed.
On the basis of Kyrgyzpatent’s decision on recognition of the declared object thesecret invention, on condition of payment of the corresponding duty, Kyrgyzpatent enters the secret invention in the State register of secret inventions of the Kyrgyz Republic, grants to the applicant the patent for the confidential invention with a signature stamp “Confidentially”, and to the author (authors) – the certificate on authorship.
26. At establishment of discrepancy of the declared secret invention in the volume of legal protection asked by the applicant the decision on refusal in issue of the patent for the confidential invention is passed to the conditions of patentability of the invention determined by article 5 of the Patent law of the Kyrgyz Republic.
At disagreement with the solution of examination the applicant according to articles 23-2 and 24 of the Patent Law of the Kyrgyz Republic has the right to give the objection certified by the government body which appropriated to materials of the application for the secret invention a restrictive signature stamp.
27. In case of non-recognition of the declared object the confidential invention, the relations arising in connection with a classification and use of the development containing the data making the state secrets and which isn’t recognized by confidential inventions according to the Law of the Kyrgyz Republic “On secret inventions” are regulated by the Law of the Kyrgyz Republic “On protection of the state secrets of the Kyrgyz Republic”.
After terms of preservation of the established degree of privacy of the secret invention its declassification according to provisions of article 10 of the Law of the Kyrgyz Republic “On secret inventions” is made, and the patent for the declassified invention at observance of the conditions provided by article 11 of the Law of the Kyrgyz Republic “On secret inventions” is granted.
5. Appeal order applicant of decisions
examinations according to the application for the confidential invention
28. The order of the appeal of solutions of examination is regulated by articles 23-2 and 24 of the Patent Law of the Kyrgyz Republic, Rules of giving of objections, statements and their considerations in Appeal council under the State Service of Intellectual Property of the Kyrgyz Republic approved by the resolution of Provisional Government of the Kyrgyz Republic of July 9, 2010 N 117 (further – Appeal council).
The objection given to Appeal council has to be certified by the government body which coded materials of the demand and appropriated them a restrictive signature stamp.
Objections on solutions of examination are considered at a private meeting of Appeal council. The members of Appeal council and other persons participating in consideration of objection have to have the admission to the state secrets corresponding to degree of privacy of the data containing in the application for the secret invention.
Rules of extension of period of validity of the patent of the Kyrgyz Republic for the invention relating to pharmaceutics
Approved by resolution
of the Government of the Kyrgyz Republic
of January 5, 2011 N 7
Rules Of extension of period of validity of the patent Of the KR for the invention relating to pharmaceutics
1. Present Rule of extension of period of validity of the patent of the KR for the invention relating to pharmaceutics, (further – Rules) Настоящие Правила продления срока действия патента Кыргызской Республики на изобретение, относящееся к фармацевтике, (далее – Правила) regulate conditions and procedure of extension of action of the patent for the invention relating to pharmaceutics which validity can be extended according to part 1 of article 4 of the Patent Law of the Kyrgyz Republic.
2. For these rules the following concepts are used:
– the invention relating to pharmaceutics, – means a product of the patented invention which application, requires obtaining in accordance with the established procedure the special permission of competent authority;
– application of a pharmaceutical product – is equivalent to concepts use, sale, introduction on the market.
3. The patent of the Kyrgyz Republic for the invention works within twenty years from the date of application in authorized state body of the Kyrgyz Republic in the field of intellectual property (further – Kyrgyzpatent).
Period of validity of the patent of the Kyrgyz Republic for the invention relating to pharmaceutics can be prolonged by Kyrgyzpatent according to the petition of the owner of the patent. Thus, the term of extension of action of the patent is estimated from the date of application for the invention in Kyrgyzpatent to the date of receipt of the first permission of competent authority to application. The term of extension of action of the patent can’t exceed five years.
4. The petition for extension of period of validity of the patent for the invention (further – the petition) moves in Kyrgyzpatent during action of the patent before the expiration of six months from the date of receipt of the first permission to application of a pharmaceutical product or date of issue of the patent depending on what of these terms expires later.
5. The petition moves on the standard form according to the annex to these rules and has to contain the following data:
– name and address of a residence (location) of the applicant;
– number of the patent;
– name of pharmaceutical product;
– independent point of a formula of the invention of the prolongable patent in which the specified product is characterized.
6. The following documents are attached to the petition:
– patent for the invention (original);
– the copy of the official document containing the data on a pharmaceutical product allowing to identify it with a formula of the patented invention (the copy of permission of competent authority to application of a pharmaceutical product), registration number and the date of receipt of the first permission of authorized state body to application of this product certified properly;
– the power of attorney issued properly in case of business management through the patent agent or the representative.
7. The petition is submitted in the state or official language. Its translation into the state or official language is applied to the petition presented in other language.
8. The petition is signed by the owner of the patent either patent agent, or other representative if they are appointed.
On behalf of the legal entity the petition is signed by the head of the organization or the other person authorized on it in accordance with the established procedure with the indication of its position, the signature is sealed the legal entity. The signature is deciphered by the indication of a surname and initials of the signing person.
9. For business management on extension of period of validity of the patent for the invention the owner of the patent can authorize the patent agent of the Kyrgyz Republic or other representative in the cases provided by the Patent law of the Kyrgyz Republic with issue of the relevant power of attorney to it.
10. Procedure of submission of the petition and the documents attached to it in Kyrgyzpatent is carried out according to the requirements of submission of documents established by regulations of the Kyrgyz Republic in the field of intellectual property.
11. In a month from the date of submission of the petition of Kyrgyzpatent carries out check on:
– observance of conditions of submission of the petition;
– existence of the demanded documents and their compliance to the requirements established by these rules;
– fact of protection of a pharmaceutical product existing patent;
– protection of signs of a pharmaceutical product formula of the invention of the prolongable patent.
12. In case of positive results В случае положительного результата проверки, action of the patent lasts for the term of no more than five years from an expiration date of action of the patent.
Data on extension of period of validity of the patent for the invention are entered in the State register of inventions of the Kyrgyz Republic and published in the official bulletin of Kyrgyzpatent. Record about extension of period of validity of the patent for the invention is made in the patent about what the person which submitted the petition is notified.
13. At absence or the wrong registration any of necessary documents to the owner of the patent Kyrgyzpatent is sent inquiry with the offer to submit the lacking and/or corrected documents within two months from the inquiry date of receipt.
Thus the term of consideration of the petition, is estimated from the date of receipt of the lacking and/or corrected documents.
14. In cases of non-compliance with the conditions and requirements established by these rules, and also non-presentations in Kyrgyzpatent within two months from the date of receipt of request of the lacking and/or corrected documents, the petition remains without satisfaction about what to the owner of the patent the notice goes. The patent comes back to the person which submitted the petition.
Rules Of extension of period of validity of the patent Of the KR for the Industrial Design
Approved by resolution
of the Government of the Kyrgyz Republic
of January 5, 2011 N 7
Rules
Of extension of period of validity of the patent
Of the KR for the Industrial Design
1. Present Rule of extension of period of validity of the patent of the KR for the industrial design, (further – Rules), regulate conditions and procedure of extension of action of the patent for the industrial design which validity can be extended according to part 1 of article 4 of the Patent Law of the Kyrgyz Republic.
2. Patent of the KR for the industrial design (further – Patent) work within 5 years from the date of application in authorized state body of the KR in the field of intellectual property (further – Kyrgyzpatent). Period of validity of the patent can prolonged by the Kyrgyzpatent according to petition of the owner of the patent but no more than for three years.
3. For business management on extension of period of validity of the patent the owner of the patent can authorize the patent attorney of the Kyrgyz Republic or other representative in the cases provided by the Patent Law of the Kyrgyz Republic with issue of the power of attorney to it.
4. The petition for extension of period of validity of the patent (further – the petition) moves in Kyrgyzpatent on the standard form according to the annex to these rules, within the last two months of the tenth year of action of the patent.
5. The following documents shall attach to petition:
– patent for an industrial sample (original);
– the document confirming payment of duty for the corresponding year of maintenance of the patent in force;
– the power of attorney, in case of business management through the patent agent or the representative.
6. The petition is submitted in the state or official language. Its translation into the state or official language is applied to the petition presented in other language.
7. The petition signed by owner of the patent or patent attorney or other representative in case of Ходатайство подписывается владельцем патента или патентным поверенным, или иным представителем, в случае business management through the patent attorney or the representative.
On the name of juridical body the petition sign by head of organization or other body, authorized От имени юридического лица ходатайство подписывается руководителем организации или иным лицом, the representative on it in accordance with the established procedure, with the indication of its position, the signature is sealed the legal entity.
The signature is deciphered by the indication of a surname and initials of the signing person.
8. The petition and attached documents given to Kyrgyzpatent or direct by email or by fax.
9. In a month from the date of submission of the petition, Kyrgyzpatent carries out check on:
– observance of conditions of submission of the petition;
– existence of necessary documents and their compliance to the requirements established by these rules;
– fact of protection of an industrial design existing patent.
10. At absence or the wrong registration any of necessary documents to the person which submitted the petition the inquiry is sent for representation to Kyrgyzpatent within two months from the date of receipt of request of the lacking and/or corrected documents.
Thus, the monthly term of consideration of the petition is estimated from the date of receipt of the last of the lacking and/or corrected documents.
In case all necessary documents aren’t submitted in due time, the validity of the patent isn’t extended. To the person which submitted the petition the notice of leaving of the petition without satisfaction goes, and the patent comes back.
11. In case of positive results, action of the patent lasts for the term asked by the owner of the patent, but no more than five years from a term expiration date (ten years) of action of the patent.
Data on extension of period of validity of the patent are entered in the State register of industrial samples of the Kyrgyz Republic and published in the official bulletin of Kyrgyzpatent. Record about extension of period of validity of the patent is made in the patent about what the person which submitted the petition is notified.
Rules registration of the contract on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property and contract on transfer of technology
Rules
registration of the contract on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property and contract on transfer of technology
(In edition of resolutions of the Government KR of April 1, 2013 N163, of May 20, 2014 N263)
I. General provision
1. These rules of registration of the contract on a concession of the security document for object of industrial property, selection achievement, the license contract on providing the right for their use, the contract on pledge of an exclusive right to object of industrial property and the contract on transfer of technology (further – Rules) are developed according to the Civil code of the Kyrgyz Republic, the Patent law of the Kyrgyz Republic, laws of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin”, “On protection of selection achievements”.
Register in authorized state body in the field of intellectual property (further Kyrgyzpatent)in accordance to legislation of the KR the contract on a concession of the security document for object of industrial property, selection achievement and the license contract on providing the right for its use, the contract on pledge of an exclusive right to object of industrial property registered in the State register of inventions, the State register of utility models, the State register of industrial designs, the State register of trademarks and service marks, the State register of firm names and the State register of selection achievements is subject.
The contract on transfer of technology can be registered by agreement of the parties in Kyrgyzpatenta.
These rules are applied also at registration of the sublicense contract.
(In edition of resolutions of the government of KR of April 1, 2013 N 163, on May 20, 2014 No. 263)
2. Basic concepts and reductions.
The concepts and reductions used in these rules are applied in the following value:
| Kyrgyzpatent | – | Authorized state body in the field of intellectual property; |
| WIPO | – | World Intellectual Property Organization; |
| Object of Industrial Property | – | Invention, industrial design, utility model, trademark, service mark, firm name; |
| Register | – | Register of object of industrial property объектов, selection achievements of the KR, Eurasian patents; |
| Protect document | – | Patent, the patent under responsibility of the applicant, the certificate; |
| Technology | – | Know-how, complex enterprise license (franchizing), consulting services, rendering engineering services, leasing, option agreements; |
| Contract | – | Contract (transfer act) on a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property; |
| Contract on transfer of technology | – | Contract on a concession of the right and license contract for use of technology; |
| Sublicense contract | – | Granting by the licensee rights to use object of industrial property, selection achievement and technology to the third parties; |
| Licensor | – | Owner of the rights for object of industrial property, selection achievement, technology; |
| Licensee | – | The natural or legal entity using object of industrial property, selection achievement, technology; |
| Applicant | – | The owner of the rights for object of industrial property, selection achievement, technology, or one of the parties signing the contract or their representatives; |
| Statement | – | Statement for registration of the contract (transfer act) for a concession of the security document for object of industrial property, selection achievement, license contract on providing the right for their use, contract on pledge of an exclusive right to object of industrial property, contract on transfer of the right for technology; |
| Demand | – | Set of the documents enclosed to the application for registration of the contract; |
| ROMARIN | – | Database of the international registration of trademarks. |
(In edition of resolution of the Government of the KR of May 20, 2014 № 263)
II. The documents provided for registration of the contract
3. For registration of the contract in Kyrgyzpatenta the application in the form given in appendices 1 or 3 to these rules in the state or official language, in one copy, depending on a type of the contract which is subject to registration has to be submitted. Foreign names and names of the enterprises have to be specified in the Kyrgyz or Russian transliteration.
The application is signed by all owners of the security document or their representative which powers are issued properly.
(In edition of resolution of the Government of KR of April 1, 2013 N 163)
4. The following documents have to be enclosed to the application:
1) the contract (original) or the extract from it certified by the legislation of the country of origin of the document, in triplicate (two of which can be copies).
The contract has to include the following main conditions:
– subject of the contract;
– the volume of the transferred rights;
– the territory on which the right is transferred;
– period of validity of the contract;
– indications of the parties of the contract and their legal addresses;
– other conditions which the parties will consider necessary.
The license contract concerning the trademark has to contain a condition that quality of goods and services of the licensee won’t be lower than quality of goods and services of the licensor, and the licensor will exercise control over the implementation of this condition;
2) copy of the security document.
(The paragraph of the second of subparagraph 2 became invalid according to the resolution of the government of KR of May 20, 2014 for No. 263)
At registration of the contract concerning the international trademark listing from a database of the international registration of the ROMARIN trademarks is represented.
3) the document confirming payment of duty on registration of the contract.
At non-presentation together with the statement of the document confirming payment of duty in the established size, consideration of the application isn’t made;
4) the copy of the document certified properly, confirming the right of the applicant who is the successor or the owner’s assignee;
5) the power of attorney issued in accordance with the established procedure according to the legislation of the country of origin of the document if for business management on registration of the contract the representative is appointed the owner;
6) the original of the main contract or its copy certified properly in case of registration of the sublicense contract.
(In edition of resolution of the Government of KR of April 1, 2013 N 163, of May 20, 2013 № 263)
5. Documents are filed in the state or official language. If documents are submitted in other language, their translation into the state or official language is applied to them. Foreign names and names of the enterprises have to be specified in the Russian or Kyrgyz transliteration. Responsibility for the accuracy of the translation is born by the applicant.
6. The statement and documents attached to it are filed to Kyrgyzpatent directly or go by mail.
III. Consideration and Register of Contract
7. Within ten working days from the date of receipt of the statement in Kyrgyzpatent completeness of the demand for existence of necessary documents and observance of the requirements to their registration provided by these rules is checked.
8. Consideration of the contract is made within two months from the date of application. In case of non-simultaneous submission of necessary documents, day of application it is considered day of receipt of the last of them.
9. In case of consideration of application and contract established that the documents, that documents are filed with violation of requirements of these rules and legislations of the Kyrgyz Republic, Kyrgyzpatent sends to the applicant inquiry in which indicates the need of elimination of the revealed shortcomings within two months from the date of receiving inquiry. Thus terms of submission of documents and consideration of the contract last for a while during which the applicant eliminates the revealed defects.
The basis for inquiry, in particular, is absence in the demand of one of the documents provided by these rules.
10. The term of representation by the applicant of required materials can be prolonged at submission of the corresponding petition and payment of duty on extension of term in the established size. The petition for extension of term is submitted within two months from the date of receipt by the applicant of inquiry.
In case of non-presentation in the specified time of required materials or petitions for extension of term of their consideration, office-work under the contract stops. To the applicant two copies of the contract come back. One copy of the contract (original) with materials of office-work remains in Kyrgyzpatent.
The Contract of transfer of technology shall be registered in Kyrgyzpatent after filling of application and giving of documents necessity for register.
Registration of the contract on transfer of technology is made according to requirements of the section III of these Rules. Thus the introduction of the contract on transfer of technology to force is defined by agreement of the parties.
(In edition of resolutions of the Government of KR of April 1, 2013 N 163, on May 20, 2014 No. 263)
11. At compliance of the submitted documents to requirements of these rules and legislations of the Kyrgyz Republic the conclusion about registration of the contract is taken out.
On the basis of the conclusion of Kyrgyzpatent makes the decision on registration of the contract.
In case of identification in the contract of the mutually exclusive provisions or provisions contradicting the legislation of the Kyrgyz Republic and at refusal of the parties in their elimination, Kyrgyzpatent makes the decision on refusal in registration of the contract.
IV. Registration of changes in the registered contract
12. Changes of the license contract, in particular, in the relation are subject to registration:
– definitions of the parties;
– subject of the contract;
– validity period;
– territories of action;
– volume of transfered rights.
By agreement of Parties shall be register and other amendments of the
13. Non-compliance with registration in Kyrgyzpatenta of changes of the contract attracts their invalidity.
14. The statement for registration of the changes made to the registered contract moves the applicant in the form given in the appendix 2 to these rules.
Are enclosed to the application:
– the contract (original) or the extract from it (original) certified by the legislation of the country of origin of the document confirming the agreement of the parties on entering of corresponding changes into the registered contract, in triplicate (two of which can be copies);
– copy of the security document;
– the document confirming payment of duty on modification of the registered contract.
Registration of the made changes is made according to requirements of the section III of these rules.
The registered changes are hemmed to the contract.
(In edition of the resolution of the Government of KR of May 20, 2014 No. 263)
15. In case changes concern definition of the parties of the contract, Kyrgyzpatent, in the presence of reasonable doubts in correctness and/or reliability of the presented data having the right to request necessary documents from the applicant.
V. A business management order under the registered contract and the registered changes
16. Kyrgyzpatent provides confidentiality of data and conditions of the conclusion of the registered contracts, except data of the general character, after their open publication.
One copy of the registered contract (original) is a control copy and is stored in Kyrgyzpatenta.
17. Under the registered contract, and also the registered changes in it, Kyrgyzpatent:
– puts down the last leaf of the contract (changes) a stamp about its registration with the indication of registration number, date of registration, number of sheets of the contract (changes) and its appendices on the back. Registration number includes data on object of the contract: number of registration, year of registration, look and category of the contract;
– sends the decision on registration of the contract (changes) with the appendix of two copies of the contract (changes) with a mark on registration to the address of the applicant (representative);
– brings data on the registered contract or the registered changes in the Register and in the security document;
– publishes in the official bulletin of Kyrgyzpatent data on the registered contracts and the registered changes to them in the following volume: the volume of the transferred rights, subject of the contract, definition of the parties, the territory of action, validity period, data on the early termination or extension of term of their action;
– the Eurasian patent department notifies on registration of the license contract on use of the Eurasian patent.
Rules for filing, review and consideration of the application for issue of the patent for the invention
| Approved by the resolution of the Government of the KR of October 27, 2011 N 685 |
Rules
for filing, review and consideration of the application for issue of the patent for the invention
(In edition of the resolution of the Government of the KR of April 1, 2013 N 163)
Present Rule of filing, review and consideration of the application for issue of the patent for invention developed according article 2 of the Law of the KR “Patent Law”.
1. General provision
1. Concepts and terms
Rule – Rules for filing, review and consideration of the application for issue of the patent for invention;
Law – Law of the Kyrgyz Republic “Patent Law”;
Kyrgyzpatent – authorized state body in the field of intellectual property;
application – application for patent issue of the Kyrgyz Republic for invention;
State register – State register of inventions of the KR;
the conventional application – the application submitted according to the Parisian convention on protection of the industrial property of March 20, 1883 recognized as the Kyrgyz Republic the Declaration of the Kyrgyz Republic of rather international treaties in the field of industrial property on January 6, 1994. It is put into operation on February 14, 1994;
international application – the application submitted according to the Contract on patent cooperation (PCT) of June 19, 1970 recognized as the Kyrgyz Republic the Declaration of the Kyrgyz Republic of rather international treaties in the field of industrial property on January 6, 1994. It is put into operation on February 14, 1994;
IPC – International Patent Classification of inventions. The Kyrgyz Republic joined the Strasbourg Agreement “On the international patent classification” of March 24, 1971 according to the Law of the Kyrgyz Republic “On accession of the Kyrgyz Republic to the Strasbourg Agreement on the International patent classification” of September 10, 1999.
2. Drawing up and application for issue of the patent for the invention
2. Application
2.1.Rights on application and obtaining the patent possess the author(s) of the invention, the employer, their assignee, including the person who acquired the corresponding right as a concession (further – applicants).
The concession is made by the applicant of the right to the patent by the instruction on it in the application, or in the application submitted to Kyrgyzpatent until registration of the invention and it is considered a concession of the rights of the applicant if at a concession of the right to the patent other isn’t specified.
The author of invention has right to filing application and obtaining the patent in the following cases:
– if inventions is not official;
– if the invention is office, but the contract between the author and the employer provided the right of the author for obtaining the patent or if the employer within four months from the date of the notice his author about the created invention doesn’t submit the application to Kyrgyzpatent, won’t concede the right to the patent to other person or won’t report to the author about saving of the invention in secret.
Confirmation of the right for application by any document isn’t required.
2.2. Procedure of filing
The request is submitted to Kyrgyzpatent directly or goes by mail, or by fax (with the subsequent submission of its original), in electronic form, on the machine-readable carrier (with simultaneous representation on paper) or by means of other transmission media.
2.3. Application through the patent agent
The application can be submitted by the applicant directly or through the patent agent registered in Kyrgyzpatenta or through other representative.
The natural persons living outside of the Kyrgyz Republic or foreign legal entities, or their patent agents run the business connected with obtaining the patent, and also protection of the invention only through the patent agents registered in Kyrgyzpatent except for the procedures connected with establishment of date of application, payment of duties, providing the copy of the previous application in case of a purchase of a conventional priority, providing the copy of earlier submitted application, obtaining receipts and Kyrgyzpatent’s notifications concerning the above-named procedures, payment of duty on maintenance of the patent in force, and also if other order isn’t established by the international treaty which came in the order established by the law into force which participant is the Kyrgyz Republic.
3. Application for invention
3.1. Objects of invention
The device, way, substance, strain of a microorganism, culture of cages of plants and animals, and also use of the device known earlier, a way, substance of a strain on new appointment or any other new achievement in all areas of equipment and technology can be objects of the invention.
1) Object of invention Object of the invention – “device”. To devices as to objects of the invention designs and products belong.
2) Object of the invention – “way”.
By the ways as to objects of the invention processes of performance of actions over material object by means of material objects belong.
3) Object of the invention – “substance”.
To substances as to objects of the invention belong:
– individual chemical compounds to which high-molecular connections and objects of genetic engineering are also conditionally referred;
– compositions (structures, mixes);
– products of nuclear transformation.
4) Object of the invention – “a strain of a microorganism, culture of cages of plants and animals”.
To strains of a microorganism, culture of cages of plants and animals as to objects of the invention belong:
– individual strains of a microorganism, culture of cages of plants and animals;
– consortia of microorganisms, cultures of cages of plants and animals.
5) Object of the invention – “application known before the device, a way, substance, a strain on new appointment”.
To application known before the device, a way, substance, a strain on new appointment as to object of the invention, their use according to other predistination belongs.
The first application of known substances (natural and artificially received) for satisfaction of public requirement is equated to application on new appointment.
3.2. The offers which aren’t recognized by inventions
Don’t admit inventions:
– opening;
– scientific theories and mathematical methods;
– methods of the organization and management of economy;
– symbols, schedules, rules;
– rules and methods of performance of intellectual operations, carrying out games;
– algorithms and programs for computers as those;
– the decisions consisting only in providing information;
– projects and schemes of planning of constructions, buildings, territories;
– the decisions concerning only appearance of products, directed on satisfaction of esthetic requirements;
– topology of integrated chips;
– plant varieties and breeds of animals;
– the decisions contradicting public interests, the principles of humanity and morals, causing damage to environment.
(In edition of the resolution of the Government of KR of April 1, 2013 N 163)
3.3. Requires to invention
The application has to belong to one invention or group of the inventions connected among themselves so that they meet the requirement of unity of the invention.
The unity of the invention admits observed, if:
– in the formula of the invention having one independent point one invention is characterized;
– in an invention formula in several independent points the group of inventions is characterized:
– one of which is intended for receiving (production) another (for example, the device or substance and a way of receiving (production) of the device or substance in general or their parts);
– one of which is intended for implementation of another (for example, a way and the device for implementation of a way in general or one of its actions);
– one of which is intended for use of another (in other) (for example, a way and the substance intended for use in way; way or device and its part; use of the device or substance on new appointment and a way with their use according to this appointment; use of the device or substance on new appointment and the device or composition which component they are);
– one look relating to objects, identical appointment providing the same technical result (options).
3.4. Structure of the application
Theapplication has to contain:
– the statement with instructions of the author(s) of the invention and the person (faces) addressed to which the patent, and also their residences or location is asked;
– the description of the invention opening it with the completeness sufficient for implementation by the expert in the field;
– the invention formula expressing it essence and which is completely based on the description;
– drawings and other materials if they are necessary for understanding of essence of the invention;
– paper.
3.5.The documents attached to the application
11) The document confirming payment of duty in the established size or the basis for release from payment of duty on application, and also reduction of its size which can be presented at application or within two months on condition of payment of additional duty is attached to the application.
At non-presentation of the specified document in due time the demand admits withdrawn.
2) The issued power of attorney issued to him by the applicant and certifying his powers, or properly the certified copy of the power of attorney is attached to the application submitted through the patent agent properly.
The power of attorney on representation before Kyrgyzpatent which is made out in the Kyrgyz Republic is made in a simple written form and doesn’t demand notarial assurance. The power of attorney which is made out outside the Kyrgyz Republic is formed in an order and for the term, the countries provided by the legislation where it is made, and in case of existence of doubts in its reliability – on request of Kyrgyzpatent is legalized in consular establishment of the Kyrgyz Republic, except cases when legalization isn’t required owing to come in the order established by the law into force of international treaties which participant is the Kyrgyz Republic, or on the basis of the principle of reciprocity.
The power of attorney can be issued to the patent agent registered in Kyrgyzpatent on representation of interests of the natural person living outside the Kyrgyz Republic, or the foreign legal entity both this person, and to the patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney, or them properly certified copies are submitted.
The power attorney has to answer the following conditions:
– the power of attorney is signed by the given-out her face;
– the power of attorney is issued addressed to the natural person registered in Kyrgyzpatenta as the patent agent;
– the volume of powers of the patent agent has to be specified in the power of attorney;
– in the power of attorney date of its commission without which it is invalid has to be specified.
If the power of attorney is issued addressed to several patent agents registered in Kyrgyzpatent, business on obtaining the patent on the demand is run by any of them.
Any action of the patent agent on which he is authorized in the power of attorney, is regarded as action of the applicant and has the same consequences, as actions of the applicant or in relation to the applicant.
3) The certified copy of the first request submitted by the applicant in the State Party of the Parisian convention on protection of industrial property is attached to the demand with a purchase of a conventional priority (further – the first demand) which is submitted no later than four months from the date of submission of the conventional demand to Kyrgyzpatent. If first demands copies of all these demands are a little attached.
If applicants in the conventional demand and the presented copy are various, also pereustupochny act has to be submitted.
At a purchase of a conventional priority according to the demand which arrived after twelve months from the date of submission of the first demand, but no later than two months after twelve-monthly term the document on payment of duty and the document with the indication of the circumstances which aren’t depending on the applicant which prevented application in the specified twelve-monthly time, and confirmation of existence of these circumstances if there are no bases to assume is attached to the demand that they are known to Kyrgyzpatent.
The request for establishment of a conventional priority can be submitted at application (it is provided in the corresponding column of the petition) or within two months from the date of application in Kyrgyzpatent.
3.6. Submission of documents
1) The application is submitted in the state or official language.
The invention formula, its name, the name (name) of the applicant and owner of the patent have to be presented in the state and official languages.
If other documents of the demand, and also documents, the applications submitted during examination are submitted in other language, the translation into the state or official language is applied to them. Responsibility for the accuracy of the translation is born by the applicant.
The translation into the state or official language has to be presented by the applicant no later than three months from the date of application to Kyrgyzpatent.
According to the petition of the applicant the term of representation of the specified materials can be prolonged or restored in the case provided by part 3 of article 17 of the Law.
2) The documents of the demand specified in point 3.4 of these rules, made in the state or official language are submitted in duplicate. The same documents if they are made in other language, are submitted in one copy, and their translation into the state or official language – in duplicate.
Other documents and their translation into the state or official language if they are made in other language, are submitted in one copy.
4. Contents of documents of the demand
4.1. Statement
1) The application is submitted in the form given in the appendix to these rules.
If no data can be placed completely in the corresponding columns, they are provided in the same form on an additional leaf with the instruction in the corresponding column of the statement “see the appendix on the additional sheet”.
2) The columns of the statement located over the word “statement” are intended for introduction of requisites after receipt in Kyrgyzpatent, and with the applicant aren’t filled in.
4.2. Description of invention
4.2.1. Assignment of invention
The description of the invention has to open the invention with the completeness sufficient for its implementation.
4.2.2. Structure of the description
The description begins with the name of the invention (and in case of establishment of a heading of the current version of MPK to which the declared invention belongs, – an index of this heading) and contains the following sections
:- area of equipment to which the invention belongs;
– equipment level;
– essence of the invention;
– the list of figures of drawings and other materials (if it is applied);
– the data confirming possibility of implementation of the invention.
Replacement of the section of the description with sending isn’t allowed to a source which contains necessary data (to the reference, to the description in earlier submitted application, to the description to the security document, etc.).
4.2.3. The name of invention
The name of invention must be short and exact.
The name is stated in singular. The exception is made:
– names which aren’t used in singular;
– names of the inventions relating to the chemical compounds covered by the general structural formula.
The name of the invention relating to an individual chemical compound joins its name on one of the nomenclatures accepted in chemistry; also the instruction on its concrete appointment, and for biologically active connections – a type of biological activity can be provided.
The name of the invention relating to a way of receiving high-molecular connection of unspecified structure joins the name of high-molecular connection and the instruction if it is necessary, on its appointment.
4.2.4. The area of technique which concern inventions
In paragraph of description “The area of technique which concern invention” note the area of use of invention. If it is some such areas, are specified primary. Thus concrete purpose of object of the invention, and not just an industry is specified.
Equipment level.
In the section “Equipment Level” the previous equipment level is specified in that degree in what it is known to the applicant and which can be considered useful to understanding of the invention, carrying out search and examination of the demand for the invention.
Data on analogs of the invention known to the applicant with allocation from them of analog, the closest to the invention on set of essential signs (prototype) are provided in this section.
The means of the same appointment known from the data which became public before date of a priority of the invention characterized by the set of signs similar to set of essential signs of the invention is specified as analog of the invention.
At the description of each of analogs bibliographic data of a source of information in which it is opened, analog signs with the indication of those from them which coincide with essential signs of the declared invention are provided, and also the reasons known to the applicant interfering receiving the demanded technical result are specified.
4.2.5. Essence of the invention
1) The data opening essence of the invention
The essence of the invention is expressed in total essential signs, sufficient for achievement of the technical result provided with the invention.
Signs belong to essential if they influence the reached technical result, i.e. are in relationship of cause and effect with the specified result.
In this section the declared invention reveals so that it was possible to understand a technical task, its decision, with the indication of technical result which can be received at implementation of the invention.
All essential signs characterizing the invention and necessary for its realization with achievement of technical result are given. The signs distinguishing the invention from the closest analog are allocated.
If the invention provides several technical results (including in concrete forms of its performance or under special conditions of use), it is recommended to specify them.
The technical result can be expressed, in particular, in decrease (increase) in coefficient of friction; in prevention of jamming; decrease in vibration; in improvement of blood supply of body; localization of effect of medicine, decrease in its toxicity; in elimination of defects of structure of molding; in improvement of contact of working body with Wednesday; in reduction of distortion of a form of a signal; in decrease in infiltration of liquid; in wettability improvement; in prevention of cracking.
2) The signs used for the characteristic of devices
For the characteristic of devices the following signs are used, in particular:
– existence of a constructive element(s);
– existence of communication between elements;
– relative positioning of elements;
– form of performance of an element(s) or device in general, in particular geometrical form;
– a form of performance of communication between elements;
– parameters and other characteristics of an element(s) and their interrelation;
– material of which the element(s) or the device in general is made; the Wednesday which is carrying out function of an element.
3) The signs used for the characteristic of ways
For the characteristic of ways the following signs are used, in particular:
– existence of action or set of actions;
– an order of performance of such actions in time (it is consecutive, at the same time, in various combinations, etc.);
– conditions of implementation of actions; mode; use of substances (initial raw materials, reagents, catalysts, etc.), devices (adaptations, tools, equipment, etc.), strains of microorganisms, cultures of cages of plants and animals.
4) The signs used for the characteristic of individual chemic compound
For the characteristic of individual chemic compound the following signs are used:
– for low-molecular connections – qualitative structure (atoms of certain elements), quantitative structure (number of atoms of each element), communication between atoms and their relative positioning in a molecule expressed by a chemical structural formula;
– for high-molecular connections – a chemical composition and structure of one link of a macromolecule, structure of a macromolecule in general (linear, branched), frequency of links, molecular weight, molecular-mass distribution, geometry and stereometry of a macromolecule, its trailer and side groups;
– for individual compounds with non-established structure – the physical and chemical and other characteristics (including signs of a way of receiving) allowing them to identify.
5) The signs used for the characteristic of compositions
For the characteristic of compositions the following signs are used, in particular:
– qualitative (ingredients) structure;
– quantitative (content of ingredients) structure;
– structure of composition;
– structure of ingredients.
6) The signs used for the characteristic of the substances received by nuclear transformation
For the characteristic of the substances received by nuclear transformation the following signs are used, in particular:
– qualitative structure (element isotope(s)), quantitative structure (number of protons and neutrons);
– main nuclear characteristics: a half-life period, type and energy of radiation (for radioactive isotopes).
7) The signs used for the characteristic of individual strains of microorganisms, cultures of cages of plants and animals
For the characteristic of individual strains of microorganisms the following signs are used, in particular:
– cultural morphology characteristic;
– physical and biological characteristic;
– hemo-and genotaksonomichesky characteristic;
– kariologichesky characteristic;
– marker characteristics: genetic, immunological, biochemical, physiological;
– biotechnical characteristics: the name and properties of the useful substance produced by a strain, the level of activity (efficiency), purpose of the strain which isn’t a producer; data on stability of preservation of useful property at long cultivation, etc.;
– virulentnost, anti-gene structure: an immunogenicity, senologichesky features, an onkogennost, sensitivity to antibiotics, antagonistic properties (for strains of microorganisms of medical and veterinary appointment);
8) The signs used for the characteristic, consortia of microorganisms, cultures of cages of plants and animals
For the characteristic of consortia of microorganisms in addition to the signs listed for individual strains the following signs are used, in particular:
– an origin (an allocation source), a factor and conditions of adaptation and selection, taxonomical structure, divisibility, number and the dominating components, kulturalno-morphological and fiziologo-biological signs of individual components, type and physiological features of consortium in general;
– taxonomical structure, ratio and interchangeability of strains, characteristic of new individual strains.
For characteristic consortia of microorganisms, cultures of cages of plants and in addition to the signs listed for individual cultures the following signs are used: a factor and conditions of adaptation and selection, taxonomical structure, divisibility, interchangeability, number and the dominating components, kulturalno-morphological, fiziologo-biochemical and other signs of individual components, physiological features of consortium in general.
9Signs, inventions worked at the characteristic, belonging to application
For the characteristic of application known before the device, a way, substance, a strain the short characteristic of the applied object sufficient for its identification, and the indication of this new appointment are used for the new designated purpose.
4.2.5. List of figures of drawings and other materials
In this section of the description, except the list of figures, the short instruction that is represented on each of them is provided.
If other materials explaining essence of the invention are presented the short explanation of their contents is provided.
4.2.6. Information approving the possibility of realization of invention
In this section possibility of implementation of the invention with realization of the appointment specified by the applicant is shown.
Possibility of implementation of the invention which essence is characterized with use of the sign expressed by the general concept, in particular presented at the level of functional generalization is confirmed or the description directly in materials of the demand of means for realization of such sign or methods of its receiving, or the instruction on popularity of such means or methods of its receiving.
) The data confirming possibility of implementation of the invention relating to the device
For the invention relating to the device the description of its design (in a static state) with links to figures of drawings is provided. Digital designations of constructive elements in the description have to correspond to their digital designations on a drawing figure.
After the description of a design of the device its action (work) or a way of use with links to figures of drawings, and if necessary – on other explaining materials is described (epyura, temporary charts, etc.).
If the device contains the element characterized at the functional level, and the described form of realization assumes use of the programmable (adjusted) multipurpose means, the data confirming possibility of performance by such means of the concrete function ordered it as a part of this device are submitted. In case among such data the algorithm, in particular computing is given, it is presented preferably in the form by flowcharts or if it is possible, the corresponding mathematical expression.
2) The data confirming possibility of implementation of the invention relating to a way
For the invention relating to a way conditions of carrying out actions, the concrete modes (temperature, pressure, etc.) used thus devices, substances and strains if it is necessary are specified sequence of actions (receptions, operations) over material object, and also. If the way is characterized by use of means (devices, substances and strains) known before date of a priority, enough these means to specify. When using unknown means their characteristic is provided and the graphic representation is in case of need applied.
When using in a way of new substances the way of their receiving reveals.
For the invention relating to a way of receiving group (row) of the new chemical compounds described by the general structural formula the receiving example is given by this way of connection of group (row) and if the group (row) includes connections with radicals, different in the chemical nature, such quantity of examples which is enough for confirmation of possibility of receiving connections with these different radicals is given. For receiving the connections entering into group (row) the structural formulas confirmed with known methods and physical and chemical characteristics are given. Also data on appointment or biologically active properties of new connections are specified in the description.
For the invention relating to a way of receiving high-molecular connection of unspecified structure are specified this, necessary for its identification. Data on initial reagents for receiving connections, and also the data confirming possibility of realization of the purpose of connection specified by the applicant, in particular data on the properties causing such appointment are provided.
For the invention relating to a way of receiving mix of unspecified structure and structure with concrete appointment or biologically active properties, examples include, except the description of receptions and conditions of carrying out a way, data on mix, necessary for its identification, and also the data confirming possibility of realization of the purpose of mix specified by the applicant, in particular data on the properties causing such appointment.
For the invention relating to a way of receiving a product which element or a product are made of material of unspecified structure and structure data on material and a product from it which allow to identify them given about properties of material and operational characteristics of an element and/or product are provided.
For the invention relating to a way of treatment, diagnostics or prevention of a disease of people or animals data on the revealed factors influencing on etiapotogenez diseases or causing existence of communication between etiopatogenez and the used diagnostic indicators, and in case of absence of such data – the reliable data confirming suitability of a way for treatment, diagnostics or prevention of the specified disease are provided.
3) The data confirming possibility of implementation of the invention relating to substance
For the invention relating to a new individual chemical compound with the established structure the structural formula proved by known methods physical and chemical constants is given and the way by which new connection is for the first time received is described. Possibility of use of this connection on a certain appointment is confirmed, and for biologically active connection indicators of quantitative characteristics of activity and toxicity, and in case of need – selectivities of action and other indicators are given.
If the invention belongs to means for treatment of a certain disease of people or animals, data on the revealed factors explaining influence of its use on diseases, and in the absence of such data the reliable data confirming its suitability for treatment of the specified disease are provided in the description.
If the new individual chemical compound is received with use of a strain of a microorganism, culture of cages of plants and animals, the information on a way of biosynthesis with participation of this strain supplied about it, and if necessary – data on deposition of a strain is provided.
If the invention belongs to group (row) of the new individual chemical compounds with the established structure described by the general structural formula possibility of receiving all connections of group (row) by reduction of the general scheme of a way of receiving, and also an example of receiving concrete connection of group (row) and if the group (row) includes connections with radicals, different in the chemical nature, – the examples sufficient for confirmation of possibility of receiving connection with these different radicals is confirmed.
4.3. The Form of invention
4.3.1. Purpose of a formula of the invention and requirements imposed to it
1) The formula of the invention intends for scoping of the legal protection provided by the patent.
2) The formula of the invention has to be completely based on the description, i.e. characterize the invention by the concepts containing in its description.
3) The formula of the invention admits expressing its essence if it contains the set of its essential signs sufficient for achievement of the technical result specified by the applicant.
4) Signs of the invention are expressed in an invention formula so that to provide possibility of their identification, i.e. unambiguous understanding by the expert on the basis of the known level of equipment of the semantic content of concepts by which these signs are characterized.
5) The characteristic of a sign in a formula of the invention can’t be replaced with sending to the description or drawings, except for a case when without such sending the sign can’t be characterized, without violating requirements of subparagraph 4 of the present point.
6) If some forms of realization of a sign providing in total with other essential signs the same technical result are possible, it is expedient to express a sign the general concept covering the revealed realization forms.
4.3.2. Stricture of the form of the invention
The form can be single mass and plural mass and include one or several points.
4.3.3. The single mass form of the invention
The single mass form can use for characteristic of one invention the set of essential signs which doesn’t have development or specification in relation to special cases of its performance or use.
4.3.4. The plural mass form of the invention
The plural mass form use for characteristic one invention with development and/or specification of set of its essential signs in relation to special cases of performance or use of the invention or for the characteristic of group of inventions.
The multilink formula characterizing one invention has one independent point and the dependent point(s) which is following it.
The multilink formula characterizing group of inventions has some independent points, each of which characterizes one of inventions of group. Thus each invention of group can be characterized with attraction of the dependent points subordinated to the corresponding independent.
4.3.5. Points of form
Point of form consist as a rule of from the restrictive part including the invention signs coinciding with signs of the closest analog, including the generic term reflecting purpose of the invention, and the distinctive part including signs which distinguish the invention from the closest analog.
By drawing up point of a formula after a statement of restrictive part the phrase “differing in that” is entered, directly after which the distinctive part is stated.
The formula of the invention is formed without division of point on restrictive and distinctive speak rapidly if it characterizes:
– individual chemical compound;
– strain of a microorganism, culture of cages of plants and animals;
– use of the device known earlier, a way, substance, a strain on new appointment;
– the invention which doesn’t have analogs.
4.3.6. Independent point of form
1) Independent point of form of invention concern to one invention. It characterizes the invention by the set of its signs determining the volume of the asked legal protection it is also stated in the form of logical definition of object of the invention.
Independent point of a formula of the invention is stated in the form of one offer.
2) Independent point of a formula doesn’t admit belonging to one invention if the set of signs containing in it:
– includes the signs expressed as alternative which aren’t providing the same technical result, or the alternative belongs not to separate signs, and to group of functionally independent signs (knot or a detail of the device, operation of a way, substance, material, the adaptation used in way, composition ingredient, etc.), including when the choice of this or that alternative for any of such signs depends on the choice made for another (others) a sign (signs);
– includes the sign expressed in such a way that it is allowed both existence, and absence it in the called set (in particular when the turn is used like “may contain (a device element, operation of a way)” or the quantitative maintenance of one of ingredients of substance is specified in the form of an interval of values with the lower limit equal to zero);
– includes the characteristic of the inventions relating to objects of a different look, or set of means, each of which has own appointment, without realization by the specified set of means of general purpose.
4.3.7. Dependent point of form
1) Dependent point of a formula of the invention contains development and/or specification of set of the signs of the invention given in independent point, the signs characterizing the invention only in special cases of its performance or use.
It isn’t necessary to state dependent point of a formula of the invention in such a way that thus there is a replacement or an exception of signs of that point of a formula to which it is subordinated, or to include in it signs which set has the character specified in subparagraph 2 of point 4.3.6. these rules.
If dependent point of a formula of the invention is formulated so that replacement or an exception of signs of independent point takes place, can’t be recognized that this dependent point together with independent to which it is subordinated, characterizes one invention.
2) The restrictive part of dependent point of a formula consists of the generic term reflecting purpose of the invention stated, as a rule, in abbreviated form in comparison with provided in independent point, and links to independent point and/or dependent point(s) to which this dependent point belongs. At subordination of dependent point it are specified to several points of a formula of the link to them with use of alternative.
4.3.8. Feature of form of the invention concerning to attachment
Signs of the device are stated in a formula so that to characterize it in a static state. At the characteristic of performance of a constructive element of the device the instruction on its mobility, on possibility of realization of a certain function by it is allowed (for example, with possibility of braking, with possibility of fixing, etc.).
Also use of the expressions explaining appointment, either function, or the principle of action of these or those knots or mechanisms if it promotes fuller understanding of the invention (for example, “is allowed… the element X providing is used…”).
Signs of the device have to be optional presented as concrete appliances. These signs can be described through functional characteristics of these means if at the expert possibility of realization of these functions by known appliances doesn’t raise doubts. So, for example, instead of the instruction that the device is supplied with the fan serving for cooling of any knot can be specified that the device is supplied with means for cooling of knot if characteristics of the most this means don’t mention a being of the offer.
4.3.9. Features of the form of the invention concerning to way
At using of the verbs for characteristic of the action as sign of a way they are stated in active voice, in an indicative mood, in the third party, in plural (heat, humidity, calcinate, etc.).
If the way is characterized by use of alternative means which patrimonial definition is complicated, for example, if it is about use of chemicals which can be mutually replaced at realization of a way, these means can be presented in independent point of a formula of the invention by their transfer through the ili union, for example: “… the substance A or substance B, etc. is used, or “the substance is chosen from group:…”
Such construction character for form of invention describing invention with use of chemical matter having similar construction having the general essential structural element providing their similar behavior and function at implementation of the invention.4.3.10. Features of the claims relating to the substance
In the claims characterizing an individual chemical compound of any origin, include the name or designation of a compound. For compounds of the structure installed in the claims include its structural formula. For compounds of unidentifiable structure in the claims includes characteristics (properties), it is possible to identify a compound, including signs and method thereof.
In the claims characterizing compositions include its constituent ingredients, and generally, the signs relating to the quantitative content of the ingredients.
When the formula characterizing the composition comprises the features relating to the quantitative contents of ingredients, then they are expressed in any units unambiguous usually two values representing the minimum and maximum limits for the content (lower and upper).
You can specify the content of one of the ingredients of the composition by a single value, and the content of the other ingredients – a range of values with respect to this single value (e.g., of ingredients is 100 wt. H. The main ingredient of the composition or 1 liter of solution).
You can specify the quantitative content of antibiotics, enzymes, toxoids, etc. in the composition in other units than units of the other components of the composition (e.g., thousands. unit. with respect to the mass number of the other ingredients of the composition).
If the invention relating to a composition characterized by introducing an additional ingredient in the formula corresponding to the indication of the distinguishing features include the phrase “further comprises”.
For the compositions, the purpose of which is determined only by a new active principle, and the other components of the carriers are neutral range conventionally used in the compositions of this assignment is permitted to specify only that in the formula of the active principle and its quantitative content in the composition, including the form “effective amount “.
Another embodiment of the characteristics of such a composition may display it, besides the active ingredient, the other components (the neutral media) in the form of a generalized concept of “target additive”. In this case, it indicates the proportion of active principle and target additives.
If the specified feature of the invention a known substance of complex composition, allowed the use of his name with an indication of the special features or characteristics of the substance and its basis. In this case, the specification introduces a source of information, in which the substance is described.
For substances characterized by their method of preparation, the formula of the invention preferably has the form “Substance X, obtained through Y”.
4.3.11. Features of the claims related to the strain of microorganism, cell culture of plants and animals
The formula that characterizes the strain of microorganism, cell culture of plants and animals, included the generic and specific name of the biological object in Latin, with the name (s) of the author (s), the type and, if the strain has been deposited, – the official abbreviation of the collection-depositary, registration the number assigned to a collection of the deposited object and purpose of the strain.
4.3.12. Features of the claims relating to the application for a new purpose
In cases where the object of the invention is the use of the known device, method, substance or strain for a new purpose, the following structure formula is used: “Application … (given name, or characteristic of the known device, method, substance or strain) as … (given the new assignment of said device, substance or strain method). ”
4.4. Drawings and other materials
Drawings and other explanatory material may be prepared in the form of graphic materials (own drawings, charts, graphs, diagrams, drawings, waveforms, etc.), photographs, tables, diagrams.
The figures presented in the case, if it is impossible to illustrate the description of the drawings or designs. Photos are presented as a complement to other forms of graphic materials. In exceptional cases, for example to illustrate the stages of the surgery, pictures can be presented as the main type of explanatory materials.
In the upper right hand corner of each sheet of the drawings indicate the name of the invention.
4.5. Abstract
Summary serves for information about the invention and is a short summary of the content of the specification, including the name and characteristics of the art to which the invention pertains, and / or the application, if it is not clear from the name, the characteristic nature indicating technical results. The essence of the invention is characterized by the abstract of the presentation of free formula, which preserves all the essential features of each independent claim.
If you want to include in the abstract drawings, chemical formulas, mathematical expression.
The average volume of the text of the abstract – 1000 printed characters.
5. Illegal items
The application should contain: expressions, drawings, paintings, photographs and other materials that are contrary to morality and public order; statements disparaging the products or technological processes, as well as applications or security documents (preliminary patent, patent, certificate) of others; statements or information, clearly not related to the invention. Simply specify the disadvantages of the known inventions cited in the “Background” shall not be deemed invalid element.
6. Terminology and Signs
In the claims, the description and its explanatory material as well as in the abstract standardized used terms and abbreviations in their absence – generally accepted in the scientific and technical literature.
When the terms and notation without extensive use in the literature and their meaning is explained in the text at the first use.
All the symbols are decoded. In the specification and in the claims the terminology observed unity, i.e. the same features throughout the specification and claims have the same name. The requirement of unity of terminology also applies to the dimensions of physical units and conventions used.
Physical quantities expressed in units of the International System of Units.
7. Registration of the application documents
7.1. Fitness for Reproduction
All documents drawn up in such a way as to admit of direct reproduction in any number of copies.
Each leaf is used on one side only with the location of lines parallel to the short side of the sheet.
Sheets should not be wrinkled or torn, and should not be kinked.
7.2. The material used
Documents applications run on strong, white, smooth, non-shiny paper.
7.3. Single sheets, sheet size
Each document of the application begins on a separate sheet. Sheets have a 210×297 mm format. Fields on the sheets containing the description, claims, abstract, met, mm:
top – 20-40;
right and bottom – 20-30;
left – 25-40.
7.4. Numbering sheets
Each application documents the second and subsequent sheets numbered in Arabic numerals affixed to the upper right corner of the page.
7.5. Writing text
The documents are printed in black. The texts of the description, claims and abstract are printed in 2 slot with a height of capital letters not less than 2.1 mm.
Graphic symbols, Latin names, Latin and Greek letters, mathematical and chemical formulas or symbols can be written in ink, paste or black ink. Writing is not allowed to mixed formulas in print and on the hands.
7.6. Chemical Formula
In the specification, the claims and the abstract may be used chemical formula.
Structural formulas of chemical compounds are usually presented on a separate sheet (and graphics) with the numbering of each individual as the shapes and actuation of reference designations.
In writing structural chemical formulas should be used in general use symbols and elements clearly indicate the relationship between elements and radicals.
7.7. Mathematical formulas and symbols
In the specification, the claims and the abstract may be used mathematical expressions (formulas) and symbols.
The presentation of the mathematical expression is not regulated.
All lettering available in mathematical formulas, decrypted. Explanations of the formula should be written column after each line with a semicolon. In this transcript of the lettering is given in order of their use in the formula.
The mathematical notation:>, <, =, and others are used only in the mathematical formulas, and the text should be written in words (larger, smaller, equal to, etc.).
To indicate the intervals between the positive values allowed the use of the sign (- 🙂 (from and to). In other cases, you should write the words “from” and “to”.
When a percentage value the percent sign (%) is placed after the number. If multiple values, the percent sign is placed in front of their listing and is separated from them by a colon.
Moving in mathematical formulas is allowed only in sign.
7.8. Graphic materials
Images Drawings executed indelible black clean lines and strokes, without shading and coloring.
The scale and clarity of the images are selected such that a reproduction with a linear reduction in size to 2/3 could discern all the details.
Numbers and letters should not be placed in brackets, circles or inverted commas. The height of the numbers and letters shall not be less than 3.2 mm.
The drawings are executed without any inscriptions, except for essential words such as “water”, “steam”, “open” and “closed”.
It is preferable to use the drawing of rectangular (orthogonal) projections (in various forms, cuts and sections); It allowed the use of axonometric projections.
The dimensions are not indicated in the drawing, if necessary, they are provided in the description.
Each element in the drawing is performed in proportion to all other elements except for the cases when the clear image necessary difference element proportions.
In one drawing sheet can be placed several figures, and they are clearly delimited from each other.
Where figures on two or more sheets are part of a single shape, they are arranged so that this figure can be arranged without skipping any of the figures appearing on different pages.
Separate figures are arranged on a sheet or sheets so that the sheets were the most intense.
It is desirable in an upright position, clearly separated from each other. If the figures are not arranged in an upright position, they should be placed in a lateral position, so that the top of the figures at the left side of the sheet.
Graphics elements are denoted by Arabic numerals in accordance with the description of the invention.
The same elements shown in multiple figures are identified by the same numeral.
If the graphic image is represented as a circuit, when it is executed apply standardized conditional graphical notation.
Allowed in Scheme represent one species selected circuit elements of another species (e.g., circuitry – the kinematic elements and hydraulic circuits).
If the scheme is presented in the form of rectangles as a graphical notation elements, in addition to digital signage directly into the box and the name of the element fits. If the size of the graphic element do not allow this, the name of the element is allowed to indicate to the extension line (if necessary, as a caption inscriptions placed in the scheme).
If the drawings contain a large number of reference signs, it is recommended to attach a separate sheet listing all reference signs and names of items to which they refer are.
Format photographs selected such that it does not exceed the size of the sheets of the application documents. Photos of small format presented pasted on sheets of paper with the observance of the established requirements to the format and quality of the sheet.
Each graphical image is numbered with Arabic numerals (Fig. 1, Fig. 2, etc.) irrespective of the type of the image (the drawing, the circuit diagram drawing et al.) Of the number of sheets in accordance with the order given in the text description. If the description is explained in one piece, it is not numbered.
Graphic images are not provided in the specification and claims.
7.9. Bibliographic information
Bibliographic data of information sources specified so that the source of information could be found on them.
3. Business management for obtaining a patent with Kyrgyzpatent
8. Appointment of Representative
For filing and correspondence on the application after filing and the implementation of other actions when considering an application the applicant may appoint a representative to grant him power of attorney executed in accordance with paragraph 3.5. hereof.
Representative of the applicant – natural person residing outside the Kyrgyz Republic or foreign legal entity can only be a patent agent registered with Kyrgyzpatent. For other applicants as the representative may be specified, in particular, one of the applicants, if they are several, inventor, patent attorney or other person.
The power of attorney (or a copy of a power of attorney) to represent seems to Kyrgyzpatent together with a document for submission which the representative is appointed, or within two months after the filing of the document.
Up to a power of attorney made by representatives of the action are considered invalid and are not taken into account.
Representation is valid until exhaustion of the powers specified in the power of attorney, they expire or until until Kyrgyzpatent not be notified of the termination of the authority.
9. Management of correspondence with Kyrgyzpatent
1) Correspondence maintained by the applicant or his representative, authorized, for each application separately.
Materials sent after application, it must contain the number and the signature of the applicant or his representative.
The materials do not contain the application number, returned without consideration, if the number can not be established indirectly.
2) The material sent to the production process on the application shall be submitted within the deadlines established by law. If the period is expressed the phrase “for …” and the last day is not a working day, the period shall expire the following working day. If the end of the period falls on a month in which there is no corresponding date, the term shall expire on the last day of that month.
3) If the conversation at the request of the representative of the applicant shall, timing of materials in connection with the correspondence of Kyrgyzpatent shall be calculated from the date of receipt of this correspondence.
4) Production of Kyrgyzpatent carried out the national or official language. Thus, for purposes of determining the performance of the applicant submission deadlines, submissions in any other language shall be deemed given on the date of its filing with Kyrgyzpatent if their translation is received within three months from the date of receipt of materials in another language, otherwise the materials considered presented at the date of their transfer.
Before submitting the translation material presented in another language, are considered, Uncollected.
10. Corrections and clarifications to the application documents
During the examination, the applicant may, at its own initiative or at the request of examination to correct or clarify the application documents without changing the essence of the invention prior to the adoption of an action.
Within two months from the date of filing of the application the applicant may clarify or correct the application materials at no extra charge.
If the correction and clarification of the application materials is carried out within two months from the filing date to it accompanied by a document confirming payment of the prescribed fee.
At failure of the document on the payment of duties or non-compliance amount paid duty set size changes when considering the application is not taken into account.
Correction and clarification of the application documents shall be effected by replacing sheets. Replacement sheets are submitted for each instance of the appropriate instrument application for the national or official language or translation of a document on the national or official language, and must meet the requirements of paragraphs 5-7 of this Regulation.
If fixes typos, stylistic errors, errors in the indication of the bibliographic data, etc. and correction of the document will not lead to negative consequences in relation to definition in the reproduction, the need patching can be expressed in a letter to the applicant without replacing sheets.
Identification of characteristics which distinguish the claimed invention from the closest analogue (distinctive features);
– Identification issued by the fund before the priority date of the Kyrgyz Republic security documents for inventions and utility models, as well as published Eurasian applications and patents decisions with signs that coincide with the hallmarks of the subject invention.
3) If the examination process reveals the lack of inventive step of the claimed invention based on the detection of the information available to the public information sources available in the Kyrgyz Republic containing solutions having attributes matching the distinguishing features of the claimed invention, the applicant may be sent a request outlining the reasons examination and inviting them to submit their views on these arguments and, if necessary, adjusted on the basis of initial materials of the application claims or withdraw the application or the consideration of the proposed examination of arguments with the participation of the applicant. In this case, the consideration shall be drawn up in accordance with subparagraph 4 of paragraph 14 hereof.
4) Not recognized as complying with the condition of inventive step, based inter alia:
– To complement the well-known means of any known part (s), the connecting (joining) to it according to certain rules, in order to achieve a technical result, in respect of which it is established the influence of such additions;
– To replace any part (s) of the known means of another well-known part to achieve a technical result, in respect of which it is established the influence of such replacement;
– To the exclusion of any part of the means (element acting) with simultaneous exclusion of the function due to its presence, and thus achieving the usual result of such an exception (simplification, weight, dimensions, material consumption, increase reliability, reduce the process time and so forth.);
– To increase the number of the same elements, actions to strengthen the technical result due to the presence in the vehicle is such elements of action;
– On the performance of the known means or its part (s) of the known material to achieve a technical result due to the known properties of the material;
– On the creation of funds, consisting of well-known pieces, which are selected and the relationship between them made on the basis of known rules, guidelines and achieve the technical result is due only to the known properties of the tool parts and links between them;
– On the use of a known device, process, substance or strain for a new purpose if the new appointment is due to its well-known properties, the structure, performance and know that these are the properties of the structure, performance necessary for this purpose.
Can not be recognized as an inventive step of the invention, based on the change in a quantitative trait (s) reporting such symptoms or change in the relationship of its kind, if you know the fact of influence of each of them on the technical result and the new values of these symptoms or their relationship could be obtained from known dependencies laws.
5) The conditions of inventive step correspond, in particular:
– Ways of obtaining new individual compounds (class, group) with defined structure;
– Methods for the preparation of known individual compounds (class, group) with a defined structure if they are based on a new for the class or group of compounds or a known reaction for a given class or group of compounds of the reaction conditions of which are not known;
– A composition consisting of at least two known ingredients providing a synergistic effect, which is not possible to achieve results from the prior art (i.e., showing the properties of both components, but quantitative indicators of at least one of these properties higher than the properties of the individual ingredient );
– Individual compounds falling within the general structural formula group of known compounds, but are not specifically described as received and investigated, while developing new unknown for this group of properties in qualitative or quantitative terms (selective invention).
6) The invention is not deemed not to involve an inventive step because of the seeming simplicity and disclosure in the application of the mechanism to achieve a technical result, if the disclosure was not known from the prior art, but only from the application materials.
7) If the identified solution, which has features that match the characteristics of the invention, the confirmation of popularity of their impact on the technical result is not required if in respect of such signs it is not defined by the applicant.
8) If the claimed invention defined in the multi-tier formula that contains dependent items, to comply with the condition of inventive step in the independent claim, further testing in respect of the dependent claims is not possible.
9) If it is determined that the invention of independent claim having dependent items, does not meet the inventive step, further consideration of the application made in accordance with subsection 1 of clause 19.18 of this Regulation.
19.18. Features verification patentability as defined ladder formula
1) If the invention is characterized by multi-tier formula that contains dependent items, and received a conclusion in respect of non-patentability of the independent claim due to lack of novelty or inventive step, the applicant shall be notified and invited to express an opinion on the desirability of further consideration of the application submission, if confirmed a feasibility adjusted claims.
2) In the case where the patentability of the invention in relation to the independent claim having dependent items, you must make sure that the information contained in those paragraphs characteristic features of the invention does not prevent the implementation of the invention specified by the applicant or destination. In addition, make sure that the invention defined with the involvement of signs dependent claims, is not contrary to public interests, principles of humanity and morality.
If a positive test result for all these conditions the invention defined by the formula ladder having dependent claims to be patentable and, if the application for patent grant without examination on the essence, the decision to grant the patent in accordance with paragraph 19.20 of this Regulation.
A negative test result in respect of any of the conditions the applicant shall be notified in the request and invited to submit arguments to refute the conclusion of expertise, or correct or remove such items from the dependent claims.
3) If the declared group of inventions, patentability check is made in respect of each of its constituent inventions. Patentability group can be ascertained only when all patentable invention group.
If it is determined that not all inventions are patentable group, the applicant shall be notified and invited to submit their views on the reasons given and, if necessary, to exclude from the formula the independent claims, which are characterized by non-patentable inventions, or to provide these items, as amended.
4) If the applicant in the above cases, it is amended claims, further consideration of the application shall be conducted in accordance with paragraphs 19.13 and 19.14 of this Regulation in respect of the invention (s) as defined (s) in this formula.
5) In the case where the applicant does not argue that refutes the conclusion of examination, or modified formula, insists on the grant of a patent with the previously described to them the formula, further consideration of the application is not carried out and a decision to refuse the grant of a patent in accordance with clause 19.21 of this Regulation.
19.19. Request additional materials
1) Request for additional materials, including amended claims, sent to the applicant only if such material is not possible without an examination of the application.
The grounds for the request may be, in particular, the following circumstances:
– Mismatch of the application documents to one another (in the description missing features defined in the claims, the drawings do not correspond to the description of the invention and the like);
– Lack of specification of structural sections under these Regulations (if the information to be set out in the relevant section are given in another section, the request is not forwarded);
– The presence in the claims instead of signs of the relevant type of object only data on its performance and consumer properties, effects and phenomena taking place in its implementation and / or use;
– Presence in the dependent claims Multiple claims traits that lead to a contradiction of the invention in the corresponding particular embodiments or the use of the public interest, humanitarian principles or morality;
– A violation of the requirements of paragraph 4.3.6 of this Regulation, under which an independent claim must relate to only one invention;
– The presence in the claims dependent claims purport to exclude or replace the indication (s) of the claim to which it is subject;
– Use in the specification and / or claims unorthodox terminology impedes the examination;
– The need to clarify the claims based on the results of its audits in accordance with paragraph 18.6 of these Regulations;
– The need to address issues related to the test for patentability of the claimed invention in accordance with paragraph 19.14 of this Regulation;
– The need to clarify the claims on the audit of the patentability of the claimed invention;
– The need to address issues related to the consideration of applications for industrial property objects are identical with the same priority date in accordance with paragraph 22 of this Regulation.
Questions other measures, as well as comments and suggestions that arise when considering the application and the associated, for example, setting priorities, specifying the characteristics of a significant feature of the invention, etc., may also be included in the request, directed to the above mentioned grounds.
2) Driven to seek the views of examination of an issue supported by arguments of a technical or legal nature. If necessary, provides links to sources of information, the provisions of the Act, these Rules and regulations.
At the direction of the applicant proposals related to the adjustment formula, such as the specification of the characteristics of a significant feature, with the exception of non-essential feature of the formula and the like, it is appropriate to point out the legal consequences of such adjustments and the rejection of her.
3) In preparing the decision to grant a patent with the formula, as modified by the applicant’s initiative or at the request of examination, the applicant shall be prompted to the applicant submits the corrected translation in the national or official language of the claims and / or the title of the invention (in the event of changes in the process of examination) .
At non-corrected translation within a period of two months, the issuance of the decision is not made.
4) In the case where the query is a link to an information source, should include all its bibliographic data necessary for the detection of the source and other data (pages, paragraphs, figures the number of graphic images, etc.), the required to detect the source of the data which were taken into account when considering the application.
5) In the preparation of the decision to grant a patent with the formula, as modified by the applicant’s initiative or at the request of expertise so that necessary adjustment of the corresponding description, as well as the presence of flaws description and / or drawings, he may be invited to present the specified description and / or drawing ( or the replacement sheets), within two months from the date of receipt of such proposal.
However, the applicant is notified that the failure to these materials will be published description corrected accordingly Kyrgyzpatent.
6) The request may be sent to the applicant as many times as is necessary for the consideration of the application.
19.20. The decision to grant a patent
1) On request, held a preliminary examination with a positive result, if the application for patent grant without examination on the essence, the decision provided by part 11 of Article 23-2 of the Act.
The applicant shall be notified of the decision establishing the priority of the invention.
2) On request, held a preliminary examination with a positive result, if a request for examination of the application on the merits or in the absence of said petition or petition on patent grant without examination on the merits, the applicant shall be notified of a positive result of the preliminary examination.
3) When a petition for patent grant without substantive examination after the preliminary examination, a decision to grant a patent shall be made within two months from the date of receipt of the said petition.
4) In the case provided for by paragraph 2 of Article 23-2 of the Act.
5) Name (name) of the applicant and the patent holder specified in the decision in strict accordance with the name (name), presented in the column of the application requesting the grant of a patent and data about the applicant, the statements given in the column under code 71.
19.21. The decision to refuse to grant a patent
1) In establishing the inconsistency alleged offer the conditions of patentability of the invention as defined by Paragraph 1 of Article 23-2 of the Law, the decision to refuse to grant a patent to bringing the respective studies.
In the case where the applicant, after his acquaintance with the circumstances, serve as a reason for refusal to grant a patent, the arguments were presented regarding the patentability of the claimed invention is not changed, but the conclusions of the examination, the decision contains an analysis of these arguments.
2) A decision to refuse to grant a patent shall be made if it is established that the claimed invention defined in the multi-hop formula, having one independent claim and the dependent claims, does not meet one of the conditions of patentability of the independent claim, and the applicant refuses to correct this claim.
3) A decision to refuse to grant a patent shall be made in the case where the invention is characterized in the independent claim, no other independent claims and features of the invention contained in the dependent claims, such that it prevents the implementation of the invention by the applicant or the implementation of the said purpose, or is the basis for recognition of the invention is contrary to public interest, principles of humanity and morality, and the applicant refuses to correct or eliminate the formula of such dependent claims.
4) In the case where the formula proposed by the applicant has one independent claim, and does not include the description contained in the essential feature of the invention, whereby the invention defined in this way does not correspond to any condition for patentability, the decision to refuse grant of a patent if the applicant refuses to turn on the specified feature in the formula.
5) If it is determined that the claimed invention includes a group of inventions that do not match one of the conditions of patentability and the applicant refuses to correct or eliminate the formula characteristic of the invention, the decision to refuse to grant a patent.
In the decision confirmed the patentability of the invention, the other in respect of which received such a conclusion.
6) The applicant may file an objection to the Appeals Board against the decision to refuse a patent within two months from the date of its receipt. Objection regarded the Appeals Board within two months from the date of its receipt, subject to payment of a fee.
If applicant disagrees with the decision of the Appeals Board, he may, within six months from the date of its receipt, appeal to court.
20. Examination of the application on the merits
20.1. Terms of substantive examination
1) The substantive examination is carried out in accordance with Part 1 of Article 24 of the Law.
Along with the petition the document confirming payment of the fee for carrying out the examination on the merits. In case of failure, together with the application of the document the applicant is notified that the request shall be considered filed.
In case of discrepancy the sum of the fixed amount of duty paid, proof extra fee shall be submitted not later than two months from the date of receipt of the request on the need to co-pay.
Failure to provide a document confirming payment of the prescribed fee, within the prescribed period, the petition filed by a third party, as well as a motion filed by the applicant on the application for one invention shall be considered not, and at the request of a group of inventions of substantive examination carried out in respect of paid inventions specified in the first formula, or in respect of the invention, said claimant provided payment.
If the applicant is entitled to the payment of fees for the examination of the application on the merits at a rate less than the set, or exemption from such tax, a document proving the existence of grounds for exemption from payment of the fee or reduce its size, it appears simultaneously with the application or within the period not exceeding two months from the filing date of the application.
2) The request for grant of a patent to conduct substantive examination may be filed with Kyrgyzpatent simultaneously with the filing of the application, or within thirty months from the date of its filing with Kyrgyzpatent.
This time limit shall not be extended or renewed.
3) When a request for substantive examination by a third party, Kyrgyzpatent shall notify the applicant.
When you receive requests from several parties a request having a later date of receipt, it shall be considered not, the applicant is notified.
4) The substantive examination is not conducted when the petition was received on the application previously withdrawn or deemed withdrawn.
5) If you revoke a request for substantive examination after its start of substantive examination is not interrupted, and paid the fee is not refundable.
20.2. The content of the examination on the merits
In the course of substantive examination carried out checks (for compliance with the requirements of Article 5 of the Act) compliance with the conditions of industrial applicability, novelty, inventive step of the claimed invention as defined in the formula proposed by the applicant in the original application materials or in additional materials taken into account when considering the application.
At check of patentability of the invention as defined by the formula ladder, apply accordingly the provisions of paragraph 19.18 of this Regulation.
20.3. Checking the industrial applicability
When checking industrial applicability provisions of paragraph 19.15 of this Regulation.
20.4. Conducting of information search
Terms and dates for information retrieval.
1) The purpose of the information search is to discover prior art which is used to determine the compliance of the claimed invention to conditions of patentability – novelty and inventive step.
2) Information retrieval can be carried out in accordance with Part 13 of Article 24 of the Law.
The applicant is notified of the receipt of the request of a third party, according to which the information search is conducted.
3) Information retrieval, if it was not held in accordance with subsection 2 of this paragraph, shall be held within eight months from the date of examination of the application on its merits.
4) If the request for information was received by the search application which is withdrawn or deemed to be withdrawn, or if after receiving the request for information retrieval on the application as a result of the preliminary examination or the formal decision to refuse to grant a patent, the person who submitted the petition, according to the impossibility of satisfying it.
5) Upon completion of the information search conducted in accordance with subsection 2 of this paragraph, report it sent to the applicant.
Upon completion of the information search conducted at the request of the applicant or a third party, report it sent to the person who submitted the petition.
20.5. Subject Information Retrieval
1) Information search is conducted on the basis of the claims, taking into account the description and drawings (if any), as well as taking into account possible changes in allowable claims in accordance with paragraph 21 of this Regulation.
2) Corrections, clarifications and changes in the application documents are taken into account during the information retrieval, if they are made by the applicant in the prescribed manner not later than the date on which the measured duration of information search.
If on the date of receipt of a request for information search the applicant within the prescribed time did not respond to a message about the requirement of unity, the information search is conducted according to the invention (group of inventions forming a single inventive concept) indicated (s) for first in the claims (s).
20.6. BACKGROUND ART
1) The prior art includes information required by Part 4 of Article 5 of the Law.
In determining the level of technology available to the public are considered the information contained in the source of information, which any person may familiarize itself or the contents of which he may be lawfully communicated.
2) The date that determines the inclusion of a source of information over the prior art is:
– To published descriptions to the guarding documents – said to them the date of publication;
– For prints – indicated to them the date of printing;
– For prints that do not indicate the date of printing, – the date of issue of the publication, and in the absence of the possibility of its establishment – the last day of the month or the December 31 edition of the year, if the publication of the time, respectively, is determined by a month or a year ;
– For the deposited manuscripts of articles, reviews, monographs and other materials – the date of the deposit;
– To report on scientific research, the explanatory notes to the development work and other engineering, technological and design documentation, located in the organs of scientific and technical information, – the date of their arrival in these bodies;
– For regulatory and technical documentation – the date of its registration by an authorized body;
– Materials for dissertations and theses published in the manuscript, – the date of their arrival in the library;
– Adopted for the contest works – the date of their calculations for review, verification of documents relating to the conduct of the competition;
– To visually perceived sources of information (posters, models, products, etc.) – documented date on which it was possible to display them;
– For items placed in the exhibition – documentary confirmed date the beginning of their show;
– For the oral presentations, lectures, performances – the date of the report, lectures, performances, when they recorded the sound recording apparatus or shorthand in the manner prescribed at that date the rules of the relevant activities;
– Messages on radio, television, cinema – the date of such communication, unless it is fixed on the media information in the prescribed manner, at that date;
– For information on the technical means, which became known as a result of its use, – documentary confirmed date from which this information became public.
20.7. The area and the volume of search
1) As an indication of the search area (a set of fields of science and technology, information on which can be seen for the establishment of the art for this application) used symbols of the IPC.
In determining the search area are taken into account the subject matter in general, and it is functionally independent features (paragraph 4.3.6 of the Regulation), distinctive from the closest prior art, if there are related to him features that are not functionally independent. The search for these features is carried out as in the known objects, and in parts without regard to the destination of the objects and their parts.
2) holding Kyrgyzpatent provides information search screen, comprising:
– Official Bulletin of Kyrgyzpatent;
– Descriptions to the guarding documents of the Kyrgyz Republic;
– Applications for inventions and utility models available for third parties to review their materials; patented in the Kyrgyz Republic inventions and utility models;
– Patent documentation of the Russian Federation, the Soviet Union, the Eurasian Patent Office, the US, UK, Germany, France, Japan, Switzerland, the European Patent Office and WIPO;
– Non-patent literature on the list published by the International Bureau of WIPO, with a retrospective of at least five years.
3) In the information retrieval in accordance with subsection 3 of clause 20.4 of these Regulations within the scope of the search for the purpose of verifying the novelty of the claimed invention are also included in the condition of their earlier priority, all filed in the Kyrgyz Republic by other persons for inventions and utility models (except revoked) and patented in the Kyrgyz Republic inventions and utility models, regardless of whether the published information about them on the priority date of the application on which the search is conducted.
4) Information search is not terminated and carried through in full, even if the search found a means for the same purpose, characterized by features identical to all the features of the invention, for which the search is conducted. The amount identified in the search for analogues should be determined from the condition of the most complete and meaningful information on the state of the art without the express repetition and unnecessary duplication of information.
20.8. Search report
1) The results of information retrieval issued in the form of a search report, the established form.
2) Copies of the documents mentioned in the search report, except for copies of applications, details of which are not available for inspection third parties, subject to the respective payment.
20.9. Check novelty
1) An invention is new if it is not known from the prior art, which is determined in accordance with paragraph 20.6 of this Regulation.
Checking novelty of the invention is carried out in respect of the entire set of features contained in the independent claim.
2) The applications for inventions and utility models with an earlier priority date, as well as patented inventions and utility models with an earlier priority date, are included from that date in the prior art under the conditions specified in the fourth and fifth paragraphs of paragraph 19.16 of this Regulation.
3) When checking the novelty of the provisions of paragraph 19.16 of this Regulation.
20.10. Checking inventive step
1) An invention involves an inventive step if it does not obviously follow from the prior art, which is determined in accordance with paragraph 20.6 of this Regulation.
2) The invention is not recognized in the following manner obvious to a person skilled in the art, particularly in the case where solutions are not identified with indications that coincide with its distinctive features, such solutions or identified but not confirmed a certain influence on the characterizing features specified claimant The technical result.
Checking compliance with the above conditions include:
– Determination of the closest prior art in accordance with the twenty-third paragraph of Article 4.2 of these Rules;
– Identify signs that the claimed invention defined in the independent claim, is different from the closest analogue (distinctive features);
– Identification of the prior art solutions having the features coincide with the distinctive features of the subject invention.
3) When checking the inventive step, the provisions of paragraphs 4-9 of paragraph 19.17 of this Regulation.
4) If the finding of lack of inventive step of the invention as defined by the formula, which has no dependent claims, the applicant may be sent the request to set out the relevant arguments and inviting them to submit their views on these arguments and, if necessary, corrected on the basis of initial materials of the application claims.
20.11. Request additional materials
Request additional materials, including amended claims, sent to the applicant in the case provided for by paragraph 3 of Article 24 of the Law.
The grounds for the request may be, in particular, the following circumstances:
– The need to address issues related to the test for patentability of the claimed invention in accordance with paragraphs 20.3, 20.9 and 20.10 of these Rules;
– The need to clarify the claims on the audit of the patentability of the claimed invention;
– The need to address issues related to the consideration of applications for industrial property objects are identical with the same priority date in accordance with paragraph 22 of this Regulation.
By the request is directed to the stage of substantive examination, the provisions of paragraph 19.9 of this Regulation.
20.12. The decision to grant a patent
If as a result of scientific and technical examination on the essence Kyrgyzpatent finds that the claimed invention in the applicant DEMANDED scope of legal protection meets the conditions of patentability of the invention as defined in Article 5 of the Act, the decision to grant a patent with claims proposed and agreed with the applicant.
20.13. The decision to refuse to grant a patent
In establishing the inconsistency of the claimed invention in the applicant DEMANDED scope of legal protection conditions of patentability of the invention as defined in Article 5 of the Act, the decision to refuse to grant a patent.
The applicant may file an objection to the Appeals Board against the decision to refuse a patent within three months from the date of its receipt. The objection shall be considered by the Appeal Board within four months from the date of its receipt, subject to payment of a fee.
If applicant disagrees with the decision of the Appeals Board, he may, within six months from the date of its receipt, appeal to court.
21. Check of additional materials
1) If you receive additional materials correcting or clarifying the application documents (ie, to be included in their content), and presented at the initiative of the applicant or requested by the examiner, checked its compliance with the deadlines.
2) In the case where the additional materials comprise amended claims, establishes whether changes formula include the insertion of one or more independent claims of the invention are not isolated as such in the original formula, and submitted together with such additional materials document certifying payment of a fee based on the timing of their presentation.
In case of failure of the document, together with additional material changes in the formula under consideration of the application shall not be considered.
In the case where the applicant requested a copy of the materials opposed to the application, additional materials may be submitted within two months from the date of receipt of the said copies, provided that they were requested by the applicant within one month from the date of receipt of the request examination.
When verifying compliance with the deadlines by the applicant should be guided by subparagraph 2, paragraph 9 of these Regulations.
If it is determined that the applicant had provided additional material in violation of these terms (and these terms are not extended in accordance with paragraph 15 of this Regulation), the application is considered withdrawn and the applicant is notified.
3) When you receive additional materials submitted by the applicant on his own initiative or at the request of Kyrgyzpatent and accepted for consideration, to verify whether they modify the essence of the claimed invention. Additional materials admit changing the essence of the claimed invention if they contain a formula to be included in the features missing in the original application materials.
Symptoms are considered to be included in the claims, not only in the case where they are contained in the claimant refined formula, but only when the applicant indicates such incorporation.
The features listed in the supplementary materials and be included in the formula, recognized missing in the original application materials, if they were not disclosed in the claims or in the description contained in the application at the date of its filing.
If the initial application materials essential feature of the present invention has been expressed the general concept without disclosing the particular forms of its implementation, the provision of such embodiments in additional materials from its allocation to the grounds to be included in the claims, is the basis for the recognition of additional materials changing essence of the claimed invention.
Features mentioned herein only for the prior art, including the closest analogue and not relate to features of the claimed invention contained in the original application.
In the case where the application refers to a group of inventions, features of the invention any group contained in the initial materials of the application considered features mentioned in the description with respect to this invention is the group.
An exception is the group of inventions, one of which is intended for use in another. Thus the materials contained in the original features of the invention for use in another, and signs considered that other claims.
Additional materials containing, along with the absence of initial materials of the application features to be included in the claims, and other information required for consideration of the application, admit changing essence only the part containing the specified attributes.
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