Regulation on fees for patenting of inventions, utility models, industrial designs, selection achievements, registration of trademarks, service marks, appellations of origin, the right to use an appellations of origin and registration of patent attorneys.

Regulation on fees for patenting of inventions, utility models, industrial designs, selection achievements, registration of trademarks, service marks, appellations of origin, the right to use an appellations of origin and registration of patent attorneys.

Approved by

the resolution of the government

of Kyrgyz Republic from October 3, 2016 №523

Regulation

on fees for patenting of inventions, utility models, industrial designs, selection achievements, registration of trademarks, service marks, appellations of origin, the right to use an appellations of origin and registration of patent attorneys.

Section 1. General provisions

1. This Regulation establishes the procedure, amount and terms of payment of fees for the performance of legally significant actions prescribed by the Patent Law of the Kyrgyz Republic, laws of the Kyrgyz Republic “On Legal Protection of Selection Achievements”, “On Trademarks, Service Marks and Appellations of Origin” and “On Patent attorneys “as well as the grounds for exemption from the payment of fees and reduction of their size.

2. The amounts of the fees establish in the specified rate and paid in the national currency.

In case of application by non-residents of the Kyrgyz Republic for registration of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, the right to use appellations of origin (further – the objects of industrial property), the registration of selection achievements, fees could be paid in freely convertible currency in the amount equivalent to the size of the established fee, according to the current rate of the National Bank of the Kyrgyz Republic on the date of payment.

3. Persons who are sole authors of inventions, utility models, selection achievements and applying for the patent in his own name or is the sole owner of the patent for invention, utility model, selection achievement, the following privileges on payment of the fee established by Sections II and IV of this Regulation:

a) participants of the Great Patriotic War or persons equal to them, as well as persons with disabilities, with group 1 disability, fully exempt from payment of fees;

b) individuals, regardless of their place of residence pay the 10% of fees;

c) non-profit organizations, including research institutes and institutions of higher education, regardless of their location pay 10% of fees.

4. Privileges set out in paragraph 3 of Section I of this Regulation, provided at the request of the applicant, submitted to the authorized state body in the field of intellectual property, instead of the document confirming payment of the fee, if the privilege is the exemption from payment of the fee, or in conjunction with this document or if the privilege is to reduce its size.

Granting of the right for exemption from payment of the fee, or the payment of fees reduced in size is implemented with of the submission of a copy of the standard form document, confirming the applicant’s status.

5. The status of the applicants referred to in paragraph 3 of Section I of this Regulation is determined under the law of the country of residence or location of the applicants.

6. If there are few applicants seeking for a patent in their own name, then the corresponding preferential rate applies only when all the applicants belong to a category of persons referred to in paragraph 3 of Section I of this Regulation.

If the group of applicants, consisting of various categories of persons applying for the patent on their own name, the fee shall be paid by the applicant’s rate at which the most minimal privileges.

7. The document confirming payment of the fee is a copy of the payment order having the stamp of the bank for payment or bank receipt for payment of fees in cash or by transfer from the personal account.

A document confirming payment of the fee must contain the registration number of the application, patent or evidence and the name of the action for which the fee has been paid. If the registration number of the application has not yet been assigned, the document along with the name of the action for which the fee is paid, must contain the name of the industrial property object or selection achievement, as well as the name of the first author or the name of the applicant. Compliance of the size of the fee paid is determined on the date of its payment.

8. The fees paid is non-refundable, with the exception in cases when its payment was made in the amount exceeding established by this Regulation, or when the action for which the fee was paid, has not been performed.

In these cases, on request of the applicant, his representative or the person who paid the fee, the overpaid amount of fee is returned or, at the request of the applicant, shall be included in the payment of other privileges provided in this Regulation.

Section 2. Inventions and utility models

Assignment of fee

The amount of the fee (in the specified rate)

9

Filing application for granting a patent  for  invention with the formal examination

40

10

Filing application for granting a patent for invention and verification of compliance with  the requirements of the examination on formal matters  in accordance with the Eurasian Patent Convention (ratified by the resolutions of the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic from September 27, 1995 №  213-1 and the Assembly of People’s Representatives of the Jogorku Kenesh of the Kyrgyz Republic from September 28, 1995 № 167-1), an international application under the Patent Cooperation Treaty (hereinafter – PCT) (ratified by the Kyrgyz Republic declaration of international agreements in the field of industrial property on January 6, 1994 number 20-16)

40

11

Filing application for granting a patent for utility model with the formal examination

15

 

A document confirming the payment of the fee for filing an application for invention, utility model, should be submitted together with the application or within two months from the date of filing the application to the authorized state body in the field of intellectual property.

When submitting mentioned document after filing an application, the fee shall be  increased by 20%.

Assignment of fee

The amount of the fee (in the specified rate)

12

Requesting convention priority at the end of the terms established by the Paris Convention (ratified by the Kyrgyz Republic declaration of international agreements on industrial property from January 6, 1994 № 20-16), but no later than two months.

(Restoration of the right of convention priority)

35

 

A document confirming the payment of the fee  should be submitted together with the application requesting a priority.

Assignment of fee

The amount of the fee (in the specified rate)

13A preliminary examination of: 
 -one invention, utility model;

40

 -a group of inventions, utility models,

for every invention and utility model more than one;

+15

 -for each dependent item of formula more than ten

+5

 

A document confirming the payment of the fee for conducting the preliminary examination on the application  should be submitted together with a document confirming the payment of the fee for filing an application.

Assignment of fee

The amount of the fee (in the specified rate)

14 Accelerated preliminary examination of the invention, utility model

75

 

A document confirming the payment of the fee for conducting the accelerated examination by the application should be submitted together with the request for accelerated examination.

In case of failure to provide  a document confirming payment of the fee together with the request, accelerated examination is not conducted.

Assignment of fee

The amount of the fee (in the specified rate)

15Adding corrections and clarifications in the application  for the invention, utility model on the stage of preliminary examination on the initiative of applicant

20

16Inclusion in the formula of the invention, utility model of the items allocated from the initial formula at the preliminary examination stage on the initiative of the applicant:

Additionally for every item included in formula

+30

 

A document confirming the payment of the fee should be submitted together with the materials containing the modified formula.

In case of failure to provide a document confirming the payment of the prescribed fee together with the materials, a change in the formula does not take into account when considering the application.

Assignment of fee

The amount of the fee (in the specified rate)

17Publication of the application for invention earlier than 18 months

30

 

A document confirming the payment of the fee should be  submitted together with a request for publication of the application for the invention earlier than 18 months.

In case of failure to provide a document confirming the payment of the fee  together with a request, the request  is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

18Conducting a substantive examination in respect of: 
 -one invention

150

 -group of invention, for every invention more than one

+75

 -for every dependent item of the formula more than 10

+7

The examination fee is reduced by 25% where an international search report has been established by one of the International Searching Authorities under the PCT

The examination fee is reduced by 50% where an international preliminary examination report has been established by one of the International Searching Authorities under the PCT.

The examination fee is reduced by 75% where expert decision of the Federal Institute of Industrial Property of the Russian Federation  to grant a patent  has been established.

 

Assignment of fee

The amount of the fee (in the specified rate)

19Adding corrections and clarifications in the application materials for the invention after filing a request for substantive examination on the initiative of applicant

60

20Inclusion of independent items into the formula of invention, selected from the original formula, after the filing of request for conducting a  substantive examination:

 

 -for every item selected into independent (additionally)

+55

 

A document confirming the payment of the fee submitted together with the materials containing the modified formula.

In case of failure to provide a document confirming the payment of the prescribed fee together with the materials, changes while reviewing an application are not taken into account.

Assignment of fee

The amount of the fee (in the specified rate)

21Conversion:

 – applications for utility model into the application for invention

35

 -for every invention more than one

+7

 -applications for invention into the application for utility model

20

22 Extension of the response time to the examination request, for each month of the extension, but not more than 12 months

30

23Submission to the Appeals Board of an Objection:

 -to a decision to refuse to grant a patent for an invention, utility model, accepted as a result of formal or preliminary examination;

75

 -to a decision to refuse to grant  a patent for an invention, accepted as a result of the substantive  examination;

150

 -against the grant of a patent for invention, utility model

200

24Restoration of the legally prescribed period, by the applicant, for each month of delay, but not more than 12 months:

  – submission of additional materials, corrected or missing documents upon request in the process of formal examination;

30

 -response to a notice of violation of the requirement of unity of invention in the application;

30

 -submission of additional materials upon request in the process of preliminary examination or substantive examination of the application;

30

  – submission to the Appeal Board of an objection to a decision to refuse to grant a patent for an invention, a utility model adopted as a result of formal or preliminary examination or substantive examination of the application

30

25Submission of an application for the cession of rights  for obtain a  patent filed between the date of filing the application and the date of registration of the invention or utility model

20

 

A document confirming the payment of the fee for filing an application on the right to obtain a patent submitted together with the request.

If a document confirming payment of the fee in the prescribed amount is not submitted together with the request, the request is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

26Registration:

 – of an invention and  grant of a patent for an invention, publication of a description for it with a volume of up to 35 sheets, including the formula, drawings, abstract and other materials;

50

 -for each sheet more than 35;

+5

 -of a utility model and grant of a patent for a utility model,   publication of a description for it with a volume of up to 35 sheets, including the formula, drawings, abstract and other materials;

50

 -for each sheet more than 35;

+5

27Issuance of the author’s certificate of the invention and utility model

20

 

A document confirming the payment of the fee shall be submitted within two months from the date of receipt by the applicant of the decision to grant the patent.

A document confirming the payment of the fee shall be submitted within three months from the date of expiry of the specified time period of two months. In this case, the amount of the fee increases by 50%.

 

If the document confirming payment of the fee for registration and granting a patent is not provided in due course, registration, publication and grant of the patent are not produced, and the relevant application is considered withdrawn.

 

The document confirming the payment of the additional fee shall be submitted within two months, from the date of receipt by the applicant of the notification on the necessity of the additional fee payment.

If the document confirming the payment of the additional fee is not submitted in the specified period, the publication of the descriptions exceeding 35 sheets is not proceeded.

 

Assignment of fee

The amount of the fee (in the specified rate)

28

Submitting an application for an open license to use a patent for an invention, a utility model, and publishing information about it

20

A document confirming the payment of the fee for submitting an application for an open license and the publication of information on such declaration shall be submitted together with the appropriate request.

If the document proving the payment of the fee in the prescribed amount is not submitted together with the request, the request for an open license is considered to be unavailable and the publication of an open license is not produced.

Assignment of fee

The amount of the fee (in the specified rate)

29

Issuance a duplicate of a patent or certificate of the author for the invention, utility model and the publication of information about this issue

20

A document confirming the payment of fee shall be submitted together with the request for issuing the duplicate and the publication of information about this issue.

If the document proving the payment of the fee is not submitted in the prescribed amount, the request is considered not to have been submitted.

 

Assignment of fee

The amount of the fee (in the specified rate)

30The restoration of a patent for an invention and the publication of information about it

150

 

A document confirming the payment of fee shall be submitted together with the request for the restoration of a patent for invention and publication of information about it. If the document proving the payment of the fee is not submitted in the prescribed amount, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

31

Familiarization with the application materials after the publication of data on granting a patent for an invention, utility model

50

 

A document confirming the payment of the fee shall be submitted together with the request for familiarization.

In case of failure to provide a document confirming the payment of the prescribed fee with the request, the request is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

32 Amendments  to the State Register and to the  granted patent on invention or utility model concerning the information on granted  patent  on the initiative of the patent owner and  publication of these amendments in accordance with Provision on State registrations on objects of intellectual property in the Kyrgyz Republic approved by the resolution of the Government of the Kyrgyz Republic of February 29, 2012 N 155

30

 Registration of transfer of exclusive right to the invention; utility model without a contract

100

A document confirming the payment of the fee shall be submitted together with the request for familiarization.

In case of failure to provide a document confirming the payment of the prescribed fee with the request, the request is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

33Renewal (Maintenance in force)  of the patent for the invention of the Kyrgyz Republic and the Eurasian patent in respect of the Kyrgyz Republic for each year of effect: 
 For third

85

 For fourth

105

 For fifth

125

 For sixth

140

 For seventh

170

 For eights

210

 For ninth

250

 For tenth

250

 For eleventh

335

 For twelfth

335

 For thirteenth

505

 For fourteenth

505

 For fifteenth

505

 For sixteenth

590

 For seventeenth

590

 For eighteenth

590

 For nineteenth

670

 For twentieth

670

34Renewal (Maintenance in force ) of the patent for invention of the Kyrgyz Republic granted under the responsibility of the applicant, for each year of effect:

 For third

40

 For fourth

50

 For fifth

65

 For sixth

70

 For seventh

85

 For eights

105

 For ninth

125

 For tenth

125

 For eleventh

170

 For twelfth

270

 For thirteenth

250

 For fourteenth

250

 For fifteenth

250

 For sixteenth

295

 For seventeenth

295

 For eighteenth

295

 For nineteenth

335

 For twentieth

335

35Renewal (Maintenance in force ) of the patent for utility model of the Kyrgyz Republic, granted under the responsibility of the applicant, for each year of effect:

 For first

30

 For second

35

 For third

40

 For fourth

40

 For fifth

55

 For sixth

70

 For seventh

70

 For eights

85

 

For maintenance in force of the patent for an  invention, the renewal fee is paid since the third year of its validity, as of the date of filing the application.

For maintenance in force of the patent for a utility model, the renewal fee is paid since the first year of its validity, as of the date of  filing the application.

A document confirming the payment of the fee for the first year of the patent validity is submitted together with a document confirming the payment of the fee for granting it.

A document confirming the payment of the fee for each following  year of the patent validity  for an invention, utility model, is submitted during the last two months of the year of the  patent validity.

A document confirming the payment of the fee for any year of patent validity can be submitted within six months from the date of the expiration of the prescribed time limits. In this case, the fee is increased by 50%.

Upon the request of the patent owner for granting to any person the right to use the invention or utility model (open license), the fee for maintaining the patent  in force is reduced by 50% from the year following the year of publication in the prescribed manner of information about such a statement.

Section III. Industrial Designs

 

Assignment of fee

The amount of the fee (in the specified rate)

36

Submission of an application for the grant of a patent for an industrial design with a formal examination

30

 

A document confirming the payment of the fee for the grant of a patent for an industrial design shall be submitted together with the application or within two months from the date of filing an application to the competent State authority on intellectual property.

When submitting a document confirming the payment of the fee after the filing of an application, the amount of the fee increases by 20%.

Assignment of fee

The amount of the fee (in the specified rate)

37

Requesting convention priority at the end of the terms established by the Paris Convention (ratified by the Kyrgyz Republic declaration of international agreements on industrial property from January 6, 1994 № 20-16), but no later than two months.

(Restoration of the right of convention priority)

35

 

A document confirming the payment of the fee shall be submitted together with the application on requesting a priority.

Assignment of fee

The amount of the fee (in the specified rate)

38

A preliminary examination of:

-one variant of an industrial design

30

-for each variant of an industrial design more than one

+15

 

A document confirming the payment of the fee for conducting a preliminary examination shall be submitted together with the document confirming the payment of the fee for filing an application.

Assignment of fee

The amount of the fee (in the specified rate)

39

Adding corrections and clarifications in the application materials for an industrial design  at the preliminary examination stage on the initiative of an applicant

20

40

Conducting a substantive examination in respect to:

-one variant of an industrial design

80

– for each variant of an industrial design more than one

+20

 

A document confirming the payment of the fee shall be submitted together with a request for substantive examination.

In case of failure to provide a document confirming the payment of the prescribed fee with the request, the request is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

41

Extension of respond term on request of the examination, for each month of the extension, but not more than 12 months

30

42

Submission to the Appeals Board of objection:

– on the decision to refuse from the patent issuance for an industrial design, adopted as a result of formal or preliminary examination;

75

-on the decision to refuse from the patent issuance for an industrial design, adopted as a result of substantive examination

150

– against the issuance of a patent for an industrial design

200

43

Renewal of the legally prescribed term, for each month of delay, but not more than 12 months:

– Submission of additional materials, corrected or missing documents on request during the formal examination;

 

30

– Submission of additional materials on request during the preliminary or substantive examination;

 

30

– Submission to the Appeals Board of objection on the decision to refuse from the issuance of a patent for an industrial design, adopted as a result of formal or preliminary examination or substantive examination of application

30

44

Applying on the cession of the right for acquisition of patent, filed in the period from the date of application to the date of registration of the industrial design

20

A document confirming the payment of the fee for applying on the cession of the right for acquisition of patent shall be submitted together with the application.

In case of failure to provide a document confirming the payment of the prescribed fee with the request, the request is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

45

Registration and issuance of a patent for an industrial design, the publication of information about it, including a list of essential features

50

46

Issuance of the author’s certificate of industrial design

20

 

A document confirming the payment of the fee shall be submitted within two months from the date of receipt by the applicant of the decision to grant a patent.

A document confirming the payment of the fee can be submitted within three months from the date of expiry of the period of two months. In this case, the amount of the fee increased by 50%.

In case of failure to provide in the established order the document confirming the payment of the fee for registration and issuance of a patent, industrial design registration, publication and issuance of a patent are not produced, the relevant application is considered withdrawn.

Assignment of fee

The amount of the fee (in the specified rate)

47

Applying for an open license to use the patent for industrial design and publication of information of such a statement

20

 

A document confirming the payment of the fee for applying for an open license and the publication of information on such declaration shall be submitted together with the application.

In case of failure to provide with the application a document confirming the payment of the prescribed fee, the application for a license is considered not to have been submitted and the publication about open licensing is not produced.

Assignment of fee

The amount of the fee (in the specified rate)

48

Issuing duplicate of a patent or certificate of the author on industrial design and publication of this information

20

 

A document confirming the payment of the fee shall be submitted together with the application for issuance of a duplicate.

In case of failure to provide a document confirming the payment of the prescribed fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

49

Familiarization with the application materials after publication of information on the issuance of a patent

50

 

A document confirming the payment of the fee shall be submitted simultaneously with the application for familiarization.

Assignment of fee

The amount of the fee (in the specified rate)

50

Amendments  to the State Register and to the  granted patent on industrial design  concerning the information on granted  patent  on the initiative of the patent owner and  publication of these amendments in accordance with Provision on State registrations on objects of intellectual property in the Kyrgyz Republic approved by the resolution of the Government of the Kyrgyz Republic of February 29, 2012 N 155

30

 Registration of transfer of exclusive right to the   industrial design without a contract

100

 

A document confirming the payment of the fee shall be submitted simultaneously with the request for amendment.

In case of failure to provide with a request a document confirming the payment of the fee, the request is considered not to have been submitted.

 

 

Assignment of fee

The amount of the fee (in the specified rate)

51

Keeping a valid patent for industrial design for each year of action: 

For third

50

For fourth

55

For fifth

65

For sixth

70

For seventh

85

For eighth

105

For ninth

120

For tenth

140

For eleventh

175

For twelfth

210

For thirteenth

260

For fourteenth

280

For fifteenth

315

52

Keeping a valid patent for industrial design issued under the responsibility of the applicant, for each year of action:

For third

35

 For fourth

40

 For fifth

50

 For sixth

55

 For seventh

70

 For eighth

85

 For ninth

100

 For tenth

110

 For eleventh

125

 For twelfth

140

 For thirteenth

175

 For fourteenth

210

 For fifteenth

245

 

For keeping a valid patent for industrial design, fee is charged from the third year of its validity from the date of filing of the application for industrial design in the authorized state body in the field of intellectual property.

A document confirming the payment of the fee for each subsequent year of the patent for industrial design shall be submitted in the last two months of the current year of validity of that patent.

A document confirming the payment of the fee for any year of validity of the patent can be submitted within six months from the date of expiry of the deadlines. In this case, the amount of the fee is increased by 50%.

According to the application of the patent owner on issuance to any person the right to use industrial design (open license), size of the fee for keeping a valid patent is reduced by 50% from the year following the year of publication in the prescribed manner of information about such a statement.

Section IV. Selection  achievements 

Assignment of fee

The amount of the fee (in the specified rate)

53Applying for an issuance of a patent for a selection  achievement  and preliminary examination (not more than one strain or breed)55
54Change of the name of selection  achievement  on the initiative of the applicant20

 

A document confirming the payment of the fee shall be submitted together with the application to change of the name.

In case of failure to provide a document together with the specified application confirming the payment of the prescribed fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

55Additions, corrections or refinements in the application materials on the initiative of the applicant at the preliminary examination stage20

 

A document confirming the payment of the fee shall be submitted together with the changes.

Assignment of fee

The amount of the fee (in the specified rate)

56Extension of the response to the request preliminary examination, for each month, but not more than six months10
57Familiarization with the application materials after publication information about application50

 

A document confirming the payment of the fee shall be submitted together with the application for familiarization.

Assignment of fee

The amount of the fee (in the specified rate)

58Examination for compliance with the conditions of patentability350

If in the application there is a test report, conclusion of examination prepared by the official body of another state (with which the Kyrgyz Republic has appropriate multilateral or bilateral treaties or agreements) that conducted the tests and admitted the selection achievement as a protectable subject matter capable, the amount of this fee is reduced by 80%.

 

Assignment of fee

The amount of the fee (in the specified rate)

59Submission of objection  to the Appeals Board: 
 – on the decision of the examination of the refusal to issue a patent;50
 – by the interested person in respect of novelty;

50

 – on the recognition of a patent as invalid

100

60

Recovering missed deadlines:

 

– response to a preliminary examination request for submission of corrected and missing materials (for each month overdue);

10

– response to a preliminary examination request for the need to submit additional materials (for each month overdue);

10

 – filing an objection of the interested person to the Appeal Board during an examination for novelty (for each month overdue);

20

– filing a complaint to the Appeals Board on the decision of examination on the refusal of issuance a patent;

10

– filing an objection to the Appeal Board on recognizing the patent as invalid

20

61

Registration of selection  achievement  in the State Register of protected selection achievements, patent issuance and publication of information about it

50

 

A document confirming the payment of the fee shall be submitted within two months from the date of receipt of the decision on issuance a patent.

A document confirming the payment of the fee can be submitted within three months from the date of expiry of the two months period. In this case, the duty rate is increased by 50%.

In case of failure to provide during this period a document confirming the payment of the prescribed fee, the registration of the selection  achievement  and the issuance of patent, as well as the publication of information about it are not made.

Assignment of fee

The amount of the fee (in the specified rate)

62

Issuance of the  author’s certificate of selection  achievement

20

63

Issuance of a patent’s duplicate or author’s certificate and the publication of this information

20

 

A document confirming the payment of the fee shall be submitted with the application for issuance of a patent’s duplicate or a certificate, publication of information about it.

Assignment of fee

The amount of the fee (in the specified rate)

64

Submission of request for renewal of the patent’s validity for a selection  achievement , which was discontinued due to non-payment of the fees for maintaining the patent in force.

25

 

A document confirming the payment of the fee shall be submitted together with the application for the recovery of the patent and the publication of information about it.

In case of failure to provide a document confirming the payment of the prescribed fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

65

Amendments  to the State Register and to the  granted patent on selective  achievement concerning the information on granted  patent  on the initiative of the patent owner and  publication of these amendments in accordance with Provision on State registrations on objects of intellectual property in the Kyrgyz Republic approved by the resolution of the Government of the Kyrgyz Republic of February 29, 2012 N 155

 

30

 Registration of transfer of exclusive right to the selection  achievement  without a contract

100

 

A document confirming the payment of the fee shall be submitted together with the request on amending.

In case of failure to provide together with the petition a document confirming the payment of the fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

66

Applying for an issuance or termination of an open license, the publication in the official bulletin

15

 

A document confirming the payment of the fee shall be submitted with the application for granting or termination of an open license.

In case of failure to provide a document confirming the payment of the prescribed fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

67

Registration and publication in the official bulletin of information concerning the issuance of a compulsory license

25

 

A document confirming the payment of the fee shall be submitted within two months after receiving the decision of the court by the licensee to grant a compulsory license.

In case of failure to provide a document confirming the payment of the prescribed fee, a compulsory license is not registered and information about it is not published.

68

Assignment of fee for the maintenance of a patent for a selection  achievement  of the Kyrgyz Republic for each year of action:

The amount of the fee by the groups of cultures and breeds (fees in the specified rate)

А

B

C

D

E

 For first

50

20

25

25

20

For second

80

30

45

45

30

For third

110

40

65

65

40

For fourth

140

50

85

85

50

For fifth

170

60

105

105

60

For sixth

200

70

125

125

70

For seventh

230

80

145

145

80

For eighth

260

90

165

165

90

For ninth

290

100

185

185

100

For tenth and each subsequent year

320

110

205

205

110

A – cereals, corn, sunflower, alfalfa, sugar beet, potatoes, white cabbage, tobacco;

B – ornamental plants, forest species;

C – cultures not included in groups A and B;

D – types of agricultural animals: cattle, horses, sheep, goats, pigs;

E – types of animals not included in the group D.

The first year of payment of an annual fee is the first calendar year following the year of grant of the patent.

The first year of the payment of the annual fee is the first calendar year following the year of the patent’s issuance.

A document confirming the payment of the fee for the first year of the effect of patent is presented with the document confirming the payment of the fee for its issuance.

A document confirming the payment of the fee for each subsequent year of the effect of patent is presented during last two months of the current year of validity of the patent.

A document confirming the payment of the fee for each year of the effect of patent can be submitted within six months from the date of expiry of the deadlines. In this case, the amount of the fee is increased by 50%.

In case of failure to provide a document confirming the payment of the prescribed fee, on the expiry of the six-month term of the patent is terminated.

According to the patent owner’s application to grant any person the right to use the selection  achievement  (open license), amount of the fee for maintaining the patent in force is reduced by 50% from the year following the year of publication in the prescribed manner of information about such a statement.

Section V. Trademarks, service marks, appellations of origin

Assignment of fee

The amount of the fee (in the specified rate)

69

Submission of an application for registration of a trademark, service mark and preliminary examination

50

70

Application for registration and granting the right to use the appellation of origin of good, application for granting of the right to use the registered appellation of origin of good and preliminary examination

50

71

Examination:

 – of declared designation;

150

 – for each class of the International Classification of Goods and Services (hereinafter – ICGS) more than one;

+75

 Appellation of origin

150

 

A document confirming the payment of the fee for filing an application, preliminary examination, examination of the declared designation shall be submitted together with the application or within two months from the date of filling an application to the authorized state body in the field of intellectual property.

When submitting this document after filing an application, the fee is increased by 20%.

In case of failure to provide during this two-month period a document confirming the payment of the fee, the application is considered not to have been submitted.

In case if within the two-month period the applicant is submit a document confirming the payment of a fee in a smaller amount than the amount of fee  established for filing and conducting an examination of an application for registration of a trademark for several classes of the ICGS, the applicant has he right to pay the remainder of the fee  within two months starting from the date the applicant received notice of the need for this payment.

In case of failure to provide during this two-month period a document confirming the surcharge of fee, examination of the declared  mark is conducted in relation to the classes of the ICGS, which are selected by the applicant, or in the absence of such a choice, shown first in the application and for which the fee has been paid.

Assignment of fee

The amount of the fee (in the specified rate)

72Carrying out the anticipatory examination of the claimed  mark

100

 

A document confirming the payment of the fee shall be submitted together with a request for anticipatory examination.

Assignment of fee

The amount of the fee (in the specified rate)

73Adding corrections, additions and clarifications on the initiative of the applicant to the application materials for trademark and application for appellation of origin at the stage of the examination, not changing its essence

50

74Adding corrections on the initiative of the applicant to the application materials for the trademark, on separation of application by distributing between  such applications of  goods and/or services listed in the initial application

50

 

By separating the application, the fee is paid for each divisional application for its submission, preliminary examination, and examination of declared mark.

A document confirming the payment of the fee for division of the application, filing divisional applications, preliminary examination, examination of declared mark shall be submitted together with the application for corrections.

In case of failure to provide a document confirming the payment of the prescribed fee, a division of the application is not made.

Assignment of fee

The amount of the fee (in the specified rate)

75

Extension of the response to the request of the examination on the application for a trademark and for appellation of origin, for each month, but not more than 12 months

30

 

A document confirming the payment of the fee shall be submitted together with a request on extension of the deadline.

In case of failure to provide together with the request a document confirming the payment of the prescribed fee, the request is considered not to have been submitted.

Assignment of fee

 

The amount of the fee (in the specified rate)

76

Submission of objection  to the Appeals Board: 

– on the decision to refuse in accepting of review of an application for the trademark as a results of the preliminary examination;

100

-on the decision to refuse in accepting of review of an application for the appellation of origin as a results of the preliminary examination;

100

– on a preliminary decision of the examination of the refusal to register a trademark;

200

– on the decision on the application for the trade mark, accepted as a result of the examination of the declared mark;

300

– on the decision on the application for the appellation of origin, accepted as a result of the examination of the declared mark;

300

– against the registration of the trademark;

400

-against the registration of the appellation of origin  and issuance of certificate for the right to use the appellation of origin;

400

– against the termination of the registration of an appellation of origin and a certificate for the right to use the appellation of origin

400

77

Submission  to the Appeals Board a statement:

– on recognition of a trademark as well-known;

500

-on the loss of the well-known status by a well-known trademark

500

78

Restoration of the term established by the law and missed by the applicant for:

 – submission of additional materials, corrected or missing documents on request during the preliminary examination of a trademark application, an application for appellation of origin;

30

 – submission of additional materials on examination’s request of the declared mark;

30

 – submission to the Appeals Board of objection to the decision taken as a result of the preliminary examination;

30

 -submission to the Appeals Board of objection to the decision taken as a result of the declared mark’s examination

30

79

Registration, publication and issuance of certificate on trademark, well-known trademark

150

80

Registration, publication and issuance of certificate  for the right to use the appellation of origin

150

 

A document confirming the payment of the fee shall be submitted within two months from the date of the receipt by applicant the decision on registration of the object.

A document confirming the payment of the fee can be submitted within three months from the date of expiry of the period of two months. In this case, the amount of the fee is increased by 50%.

In case of failure to provide within a five-month period a document confirming the payment of the prescribed fee, the registration and publication of the trademark registration, the issuance of the certificate of trademark and the right to use the appellation of origin are not produced.

Assignment of fee

The amount of the fee (in the specified rate)

81

Issuance of a duplicate certificate on trademark, well-known trademark and the right to use the appellation of origin, the publication of information about this issuance

100

 

A document confirming the payment of the fee shall be submitted together with the application on issuance of the duplicate and the publication of information about this issuance.

Assignment of fee

The amount of the fee (in the specified rate)

82

Amendments on the initiative of the owner:

 

 – in the State Register of trademarks and service marks and in the trademark certificate;

 

50

 – in the State Register of appellations of origin and the certificate for the right to use the appellation of origin

 

50

 – regarding the registration of the transfer of the exclusive right to the trademark without agreement;

 

50

 – regarding the replacement of the national trademark registration by the international registration under the Madrid System

50

 

A document confirming the payment of the fee for amendments shall be submitted together with the application on amendments.

Assignment of fee

The amount of the fee (in the specified rate)

83

Extension of:

 

 
 – registration of the trademark;

 

300

 – certificate for the right to use the appellation of origin

300

 

A document confirming the payment of the fee shall be submitted together with the application for extension of the deadline.

In case of failure to provide with the application a document confirming the payment of the fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

84

Providing a six months period for restoring the expired period of validity:

 

 
 – of registration of the trademark;

 

200

 – of certificate for the right to use the appellation of origin

200

 

In case of failure to provide together with the request a document confirming the payment of the prescribed fee, the application is considered not to have been submitted.

Assignment of fee

The amount of the fee (in the specified rate)

85

Applying for trademark registration and preliminary examination in accordance with the Madrid Agreement concerning the International Registration of Marks (ratified by the declaration of the Kyrgyz Republic concerning the international industrial property agreements from January 6, 1994 № 20-16) and the Protocol relating to the Madrid Agreement concerning the International Registration of Marks (ratified by the Law of the Kyrgyz Republic “On the accession of the Kyrgyz Republic to the Protocol relating to the Madrid agreement” from December 30, 2003 № 243)

30

A document confirming the payment of the fee for filling an application and the preliminary examination shall be submitted together with the application.

Assignment of fee

The amount of the fee (in the specified rate)

86

Submission of objection to the preliminary decision of examination to refuse from registration of a trademark under the Madrid Agreement concerning the International Registration of Marks (ratified by the declaration of the Kyrgyz Republic concerning the international industrial property agreements from January 6, 1994 № 20-16) and the Protocol relating to the Madrid Agreement concerning the International Registration marks (ratified by the Law of the Kyrgyz Republic “On the accession of the Kyrgyz Republic to the Protocol relating to the Madrid agreement” from December 30, 2003 № 243)

50

87

Extension of an objection on preliminary examination’s decision to refuse from registration of a mark under the Madrid Agreement concerning the International Registration of Marks (ratified by the Kyrgyz Republic concerning the declaration of international agreements in the field of industrial property from January 6, 1994 № 20-16) and the Protocol relating to the Madrid Agreement concerning the International registration of marks (ratified by the Law of the Kyrgyz Republic “On the accession of the Kyrgyz Republic to the Protocol relating to the Madrid agreement” from December 30, 2003 № 243), per month

30

A document confirming the payment of the fee shall be submitted together with a request to extend the deadline.

Section VI. Registration of agreements on disposal of rights to industrial property objects and selection achievement

Assignment of fee

The amount of the fee (in the specified rate)

88

Registration of a license agreement, a pledge agreement:

– in respect of one patent or certificate;

100

– for each patent or certificate of more than one

+50

89

Registration of an agreement on the assignment of a patent or trademark (for each patent or trademark)

100

90

Registration of changes made to the registered license agreement:

25

– for each patent or certificate not included in the original contract

+50

91

Registration of a contract of a complex entrepreneurial license (franchising) for the use of an industrial property object for one patent or trademark:

100

– for each patent or trademark over one

+75

92

Продление срока ответа заявителя на запрос экспертизы договора, за каждый месяц продления

30

 A document confirming the payment of the fee shall be submitted together with a request to extend the deadline.

Section VII. Attestation and registration of patent attorneys

Assignment of fee

The amount of the fee (in the specified rate)

93

Certification and registration of patent attorneys:

– certification of candidates for patent attorneys in respect of each line of business;

+50

– appeal of the decision of the certification commission;

50

– repeated examinations;

50

– registration of a patent attorney and issue of a certificate;

50

– introduction of amendments and additions to the State Register of Patent Attorneys of the Kyrgyz Republic and to the patent attorney’s certificate

10