Approved by decision

the Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of December 5, 2014   № 13

 

Approved by order

 of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of December 5, 2014 № 180

Methodical recommendations on

Assessment of the market value objects of intellectual property

I. General Regulations

1. These methodical recommendations (the “Recommendations”) developed by the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

This recommendation applies for evaluation market value of the exclusive rights (intellectual property) to the results of intellectual activity and equated means of individualization of a legal entity, customizing products, works or services, namely:

– objects of industrial property (inventions, industrial designs, utility models);

– The means of individualization participants of civil turnover and their products, works and services (trademarks, service marks, trade names, appellations of origin);

–  Copyright objects (programs for electronic computers (computers) of all kinds, including application programs and operating systems, databases, literary works, musical works, choreographic works, paintings, sculptures, graphics, design and other works of art, works of applied art and stage design, works of architecture, urban planning and landscape art, photographic works and works obtained by processes analogous to photography, geographic, geological and other maps, plans, sketches and other works relating to geography, topography and other sciences, and other works);

– Objects of related rights (directions, performances, phonograms, transmission of broadcasting and cable broadcasting);

– Unconventional OIP (selection achievements, integrated circuits, undisclosed information, including trade secrets (know-how), and others).

Rights transferred under the agreement, including:

– A license agreement;

– The agreement on the assignment of a patent and trademark;

– The author’s contract;

– Agreement on the transfer of rights to use topology of integrated microcircuits, computer programs or databases;

– Other contracts.

II. The principles of evaluation of intellectual property

2. The market value of the OIP cannot exceed the value of expenses for acquisition of the object of similar purpose and usefulness equivalent (substitution principle).

The market value of the OIP depends on the size, quality and duration of receipt of future benefits expected to be received from the owner of the property appraised using it (the principle of waiting).

The market value of the OIP changes over time and is determined by a specific date (the principle of change)

The best and most effective use of OIP, leading to its maximum value, must be legitimate, physically possible and feasible in terms of financial possibilities of the owner the property appraised and its supporting investors (principle of the best, most effective use)

III. The main regulations of evaluation methodology

3. in assessing the market value of OIP should be used all the relevant procedures under the costly, comparative and income approaches to valuation.

The choice of assessment methods is performed by the appraiser based on the analysis of the goals and objectives of the evaluation, the advantages and disadvantages of each method, their  appropriate purpose assessment, taking into account the completeness and sufficiency of the source data used to calculate the market value of OIP.

If one or the other approach to the assessment is not used in the evaluation report must be justification for refusal of his application. Valuation of intellectual property is constructed using at least two methods. In the application of the income approach is necessarily present method is based on the account cash flows formed from the use of real object of evaluation.

Evaluation cannot be made on the basis of investment programs and business plans, beyond actually existing scope and terms of the rights to OIP assessed. For example, in evaluating the benefits of the patent should be considered only in the area where it operates.

VI. The cost approach

4. The cost approach – an approach to the valuation of the property, according to which the value of the property is made up of the cost of acquisition or reconstruction of all the components of intangible assets are assessed and OIP, adjusted for depreciation.

The essence of the cost approach is to determine the market value of the property appraised by taking into account all the costs necessary for its creation.

The cost approach is applied to the objects that are created by the owners and for which there is no effective market.

Depending on what kind of documentation of the object creation cost estimates provided by the customer, the procedure is selected, the most appropriate in this situation:

– If there is documentary fixed cost estimates, it is possible to apply the method of initial cost or replacement cost method;

– In the absence of estimates, it is constructed by the evaluator in the framework of the replacement cost.

Cost of the project evaluation should be determined taking into account the wear due to factors functional and economic obsolescence.

4.1. The method of initial costs

The method is based on the original cost using historical data on the costs produced to establish the estimated results of intellectual activity, with reduction of prices of goods and services, the relevant valuation date.

 The market value of the OIP on this method is determined as follows:

– Reveal the all the actual costs directly connected with creation (acquisition) of the OIP for the entire period;

– Construction calendar schedule of actual expenditure of means;

– producing bringing the actual costs to the valuation date;

– Adjusted costs are summed and the sum is increased by the amount of a reasonable business profit (at a rate not less than the refinancing rate of the Central Bank of the Kyrgyz Republic);

– Take into account functional and economic depreciation object assessment of the valuation date.

example:

Assess the value of the rights to the invention of “transport device” (patent number XXXX of the Kyrgyz Republic from 23.02.2009), the patentee K. Sabirov

From 1st January 2012 the exclusive rights are transferred as a contribution to the authorized capital of the patentee created by them Ltd.

Valuation Date January 2012

The actual costs of creating the invention:

Table 1

Number p / p

 

Articles of expenses

 

2009

 

2010

 

2011

 

1.

 

Materials and components

 

17,000 kgs

 

23,000 kgs

 

30,000 kgs.

 

2 Salary

 

22,000 kgs

 

44,000 kgs

 

62,000 kgs

 

3 The costs of patenting

 

5000 kgs

 

9600 kgs

 

6000 kgs

 

4 Services of outside organizations

 

8000 kgs

 

10,000 kgs

 

12,000 kgs

 

  Total:

 

52,000 kgs

 

86600 kgs

 

110,000 kgs

 

Costs to the present date estimates of Table 2: 

Table 2

№ p / p

 

  2009

 

2010

 

2011

 

1 Total of costs by years

 

52,000 kgs

 

86600 kgs

 

110,000 kgs

 

2 index of prices

 

103.1

 

104.1

 

104.3

 

3 Coefficient of reduction of actual costs to the valuation date

 

1,119

 

1,085

 

1.0

 

  Total 58188 93961 110000

Generally

163149

Determine the coefficients of obsolescence of the invention according to the formula: Kc = 1- (Tr: TH)

Where Tr – the actual term of the patent, in our case it is 23 months;

Tn – Nominal life time of protection document;

Кс = 1- 23/240 = 1-0,0958 = 0,9041

Thus, the value of the invention “transport device” will be equal to:

Cm = 0,9041h163149 = 147,513.8 catfish

4.2 Method of replacement value

Replacement value is the sum of the OIP costs necessary to create an exact copy of the new OIP assessed. In this case, the costs should be calculated on the prices in effect at the date of valuation, an appropriate region and in the appropriate branches of economy.

 The market value of the OIP by this method is determined as follows:

– To reveal the actual flow of resources connected with creation and operationalization of the OIP;

– On the basis of actual resource consumption and the prices of goods, services and labor costs an appropriate region and the appropriate branches of economy, acting on the date of valuation, calculated the amount of costs.

– Is determined in terms of money magnitude reducing the cost due to aging, have accumulated over the time elapsed since the establishment of the OIC before the date of the assessment.

In assessing the rights of intellectual property for the account on the balance sheet can be used the following calculation formula:

where STV – replacement value of intellectual property;

Kc coefficient obsolescence, which is defined by the formula:

Kc = [1- (Tr: TH)]

where Tr -Current validity of protection document;

Tn -rated validity of protection document;

3i – the cost of an asset is produced in the i-m year;

Киi – indexation coefficient that takes into account the change in price indices i-th year to the date of the assessment;

i – The initial year of the calculation period;

T – The final year of the calculation period.

example:

Assess the value of the exclusive rights to use the trademark “Jyldyz”, registered on 20 classes of the Nice Classification and protected by the certificate № 2xx (from 14.03.1999, the priority) to be transferred to the authorized capital of LLC “XXX”. Date of evaluation -01.10.2011

Building a table of all the costs of the valuation date:

Table 3

№ p / p

 

  Amount (KGS)

 

1 The costs of design

 

15000

 

2 Marketing expenses

 

112000

 

3 Advertising expenses

 

56000

 

4 Registration expences and to have legal protection

 

159600
  Total 342600

 

Coefficient temporary use of TЗ is given by:

Ap = 1 + (FF: Tn)

where Tf – the actual useful life of the trademark;

        Tn – nominal term of the exclusive rights of the trademark;

In our case, Ap = 1+ (43: 120) = 1.36

Thus, the value of the trademark “Jyldyz” October 1, 2011 will be:

PTS = 1.36 x 342,600 = 465,936 soms

4.3 Method of of replacement value

This method assumes that the evaluation uses the analogy of the asset with the same consumer properties. It does not require a complete identity of object structure and the nature forming it parts.

If there is information about the cost of creating a specific asset of similar purpose and comparable utility should be executed corresponding correction value. The use of this procedure is most appropriate in terms of organization; the accumulated data bank is large enough for the cost of creating the OIP.

In the absence of information about the cost creating an object-analog evaluator may build their own estimate of costs necessary to create the OIC, with the involvement of expert professionals. In the absence of information about the cost creating an object-analog evaluator may build their own estimate of costs necessary to create the OIP, with the involvement of expert professionals.

example

Date and place of evaluation: October 2, 2011

The purpose of the evaluation: the inclusion of the OIP in the authorized capital of the company.

Market conditions (rate: 1 $ – 47.1116 KGS)

Development costs of such OIP consist of following main articles: wages programmer (with payments to the budget), the rent for the premises, and payment for equipment depreciation, overhead and profit of the entrepreneur.

Info of the market at the date of evaluation are shown in Table 4

Table 4

1 Salary of an experienced programmer

 

300 to $ 500

 

2 Office for Rent

 

15 to $ 25 per square meter. meter a month

 

3 The cost of equipment (computer, printer, scanner)

 

800 to $ 1000

 

The evaluation procedure

The cost of evaluation object is determined by the method of replacement cost. The estimate of expenses, assuming that estimated an object is created in the current climate of a well-functioning organization.

In opinion of experts, the software can be created by an experienced programmer for four months or two months of highly qualified specialists.

We consider two variants of the cost estimates given in Table 5.

 Table 5

Articles of expenses

 

variant I

 

variant II

 

Salary:

– Two months (with charges)

– Four months

Total:

300

1428 

1428

500

1190

1190

Rent room (12 sq. Meters)

 (US. dollars per 1 meter square per month)

Total:

 

 

15

720

 

 

25

600

Amortization of computing equipment

– The cost of the kit (computer, scanner, printer)

– The term of the effective use of

– Amortization expense

 

800

3 years

88,9

88,9

 

1000

3 years

55,56

55,56

Total of three articles 2237 1845
Overhead costs 20%

Total with

overheads

451

2688

373

2218

Profit entrepreneur 25% 677,5 559,5
Generally 3365,5 2777,5
Total in KGS acting on the valuation date (2.10.11) 158548,71 130848,03

Because of the creation of this product (May 2011) passed 1.5 years, the need to use relevance is not lost; we believe that a decrease in its value due to obsolescence has not happened.

As a specific project cost estimate takes the arithmetic mean, which is 144 698.37 KGS.

V. Comparative Approach

5. Comparative approach – an approach to evaluation, according to which the value of the property is determined at the level of prices of similar objects with the corresponding adjustment of the differences between them.

The basic procedure of comparative (market) approach applied to the assessment of individual assets enterprises is sales comparison approach.

The essence of this method is to determine the market value of the property based on the actual sales prices of objects of similar purpose and adequate utility. The procedure is based on the entry in the selling price of objects-analogues corrections (adjustments), taking into account their existing significant differences from the object of evaluation.

Method of sales comparison is used under the following conditions:’

– Fixation on market facts sale of objects similar appointment and comparable utility;

– Accessibility information about prices and sales terms and conditions of these actual transactions;

– The presence analytical information about the degree of influence of distinctive features and characteristics of such objects on their cost;

These conditions explain the rarity and difficulty of use sales comparison approach as a practical test directly the OIP. Lack of the necessary amounts of data leads to the fact that becoming available information on transactions with the OIC used in the evaluation of most indicative.

Method of sales comparison is always used in the evaluation of the OIP when it becomes necessary to determine the probable sale price of goods produced with the use of the object of evaluation.

The sequence of the method of application of sales is as follows:

– make marketing researches in order to identify sales of goods similar appointment;

– Select objects-analogues, which will compare the object evaluation, and comparison of the elements (extent of the rights, terms of payment, the period between the date of sale and the date of assessment analog object) .And the unit of comparison;

– A comparison of the estimated object with objects- analogues in order to correct the prices of their sales;

– A comparison of the estimated object with objects peers in order to correct the prices of their sales;

VI. Income approach

6. Income approach – an approach to evaluation, according to which the value of the property is determined as the present value of the property, which is equal to the present value of expected future returns from its use and / or sale, taking into account the structure, income, time and risk.

In the evaluation of intellectual property income approach has a special place as an approach that most reliably reflects the true value of the OIP.

The income approach is based on the principle of expectations, which states that the value of the property is determined by the amount of current (given to the valuation date) value of all future benefits arising from the use of this property.

Under the future benefits from the use of intellectual property should be understood future revenues net profit generated directly to the property. It should be considered as cash flow generated from the use of OIP (after tax profit).

Determining the market value of intellectual property income approach in any of the methods are performed in the following sequence:

– Allocated cash flow generated by OIP at the current use;

– Projected future changes in cash flows, taking into account the rate of growth and the duration of admission;

– The discount rate is determined upon actuation of future benefits to the valuation date;

-Calculated as the value of property as of the valuation date.

The income approach is based on methods: direct income capitalization; discounting future cash flows; benefits in return; gain in cost; exemption from payment of royalties to outside organizations and individuals.

6.1. Discounted cash flow method

Evaluation of the market value of the discounted cash flows in the following sequence:

– Set the length of time income from the use of intellectual property assessed.

– Estimated future cash flows, reflecting the dynamics of net income for the year of the forecast period, but not exceeding the useful life of the facility;

– The discount rate is determined using a table calculation of compound interest on a certain rate of interest accrued through certain future time periods;

– The market value is calculated as the total present value of discounted income attributable to shareholders of the object.

In the method of discounting future cash flows are calculated for all cash flows in future periods. These receipts are converted to value by applying the discount rate and calculate the cost of the use of technology, and the present. Discounting method is used for the OIP, with specific terms of service. Adopted by the period of time is usually a shorter service life of two OIP – economic or legal.

The useful life – a period during which the intangible assets are expected to bring economic benefits to the owner of the assets and can be evaluated based on the following factors:

-The remaining legally service life.

– The remaining term of the contract.

– The remaining physical life.

– The remaining technological life.

– The remaining functional life.

– The remaining economic life.

The discounted cash flow is calculated as follows:

St = CF1 / (1 + Kd) + CF2 / (1+ Kd) 2 + CF3 / (1+ Kd) 3 + … + CFn / (1+ cd) n,

where C -Cost OIP;

CF1, CF2, CF3, …, CFn – cash flow by 1, 2, 3, …, n by use of the object of evaluation;

Cd – lending interest rate (discount rate).

The discount rate (Kd) determined according to the market at the time of assessment and are expressed as multiples of prices (determined from data on publicly traded businesses or transactions) or the interest rate (determined by alternative investments).

As the discount rate can be taken at the level of the expected profit alternative uses of funds for the creation, production and sales, the percentage of bank deposit rate of return by investing in securities, interest rate refinancing.

Foreign experience shows that the lower bound of the discount rate can take the value of return on government bonds.

example

The object of evaluation: Invention “Gidrotaran” patent number XXX from 15.03.2000, the sold a license company “Pneumatics”. Validity of the license for 7 years. Expected revenues over the years: 1st year – 150 thousand soms. 2nd year – 155 thousand soms. 3rd year – 160 thousand soms. 4th year – 165 thousand soms, 5th year – 170 thousand soms. 6th year – 165 thousand soms, 7th year – 160 thousand soms.

Determine the value of the object

Table 7

  1st year 2nd year 3rd year 4th year 5th yea 6th year 7th year
Prognostic cash flow (KGS) 150

 

155 160 165 170 165 160
Factor the present value (12%)

 

0,8929

 

0,7972

 

0,7118

 

0,6355

 

0,5674

 

0,5066

 

0,4523

 

The present value of the cash flow 133,94

 

123,57

 

113,89

 

104,87

 

96,46

 

83,59

 

72,37

 

Total 728,69

Thus the value of the invention “Gidrotaran” discounted cash flow method is 728.69 thousand kgs.

6.2. The method of advantages in profit

Under the advantage of profit due to intellectual property refers to additional net profit earned by the company implements these products compared with companies that produce similar products or performing equivalent work or providing this kind of service.

Valuation of intellectual property using the method benefits arrived conducted as follows:

– Performed a comparative analysis of the prices of products produced with the use of intellectual property, compared with similar products produced without using it;

– Define additional profit that is expected from the sale of products produced with the use of intellectual property;

– Is determined by the period in which the asset being valued provides detection advantage in return;

– The discount rate is determined;

– The market value of intellectual property is determined as a result of capitalization of profits earned during the period of its useful life by capitalization in accordance with the procedure applied by the method of discounted cash flows.

6.3. The method of winning in the prime cost

This method is used in cases where intellectual property allows you to save on costs. The gain in cost can be created by saving materials, energy, labor, time to assemble or manufacture products.

When using this method is the value of the gain in cost for a certain period of time.

Оценка  рыночной стоимости интеллектуальной собственности по методу выигрыша в себестоимости проводится в следующем порядке:

– Performed a comparative analysis of the cost of products manufactured with the use of intellectual property, as compared with the cost of similar products produced without using it;

– Is determined by the savings in cost, which is expected from the production and sale of products produced with the use of intellectual property;

– Is determined by the period in which the asset being valued provides detection gain;

– The discount rate is determined;

– The market value of intellectual property is defined as the gain in production costs, resulting in the period of its useful life, by capitalization in accordance with the procedure applied by the method of discounted cash flows.

example

The company produces radiators using the invention “The heat exchanger”, protected by a patent of the Kyrgyz Republic (priority 15.02.2011 years).

The volume of annual production with the use of this patent is 9500 units. Use of the patent can save each unit of production at the expense of 10 catfish of the materials used, and 5% of labor costs. A cost per unit of production use patent is 1480 kgs. At the same time 35% of the cost is the cost of labor.

Determine the value of the rights to use the patent at a discount rate of 12%.

Solution:

We define the cost of production to the use of the patent:

9500 x 1480 = 14,060 thousand. kgs.

Labor costs in the cost of production:

14,060 x 35% = 4921 thousand kgs.

Labor savings per year will be:

4921 x 5% = 246.05 thousand kgs.

Define material savings through the use of the patent:

9500 x 10 = 95 thousand kgs.

The total prize sum in the prime cost will be:

246.05 + 341.05 = 95.0 thousand kgs.

Factor the present value at a rate of 12% over 5 years is equal to 3.6048

Thus, the value of the right use of the invention is:

341.05 x 3.6048 = 1229.42 thousand. kgs.

6.4. Relief from royalty method

This method is based on the assumption that intellectual property, protected by patents granted by the owner on a license basis for certain interest deductions from revenues – royalties. It is assumed that the royalties are paid to a third party for the right to use the patent, in fact remain with the true owner…

Valuation of intellectual property on this method is performed in the following sequence:

– A forecast volume of production in value and volume terms or profit. The value changes in these indicators are the basis for the calculation of the possible royalty payments;

– Determined the royalty rate;

– Determined the useful life of intellectual property;

– Take account of any royalty payments by calculating the percentage allocations of projected production;

– Possible royalty payments deducted all costs associated with the provision of a patent or license agreement;

– Flows are calculated clean payments of royalties;

– The market value of intellectual property is determined as a result of the capitalization of net payments of royalties received (expected) during the useful life of the asset. Capitalization is performed in accordance with the procedure used by the method of discounted cash flows.

example

Plans to release products using the invention, a “mechanism for lifting goods”, which is patented 20.04.2009

The planned amount of the issue                               price per unit                                   Royalty – 5%

             1st year: 4000 copies. 2300 som

             2nd year: 6000 copies.

             3rd year: 9000 copies.

             4 th year 11 000 copies.

             Year 5: 1 000 copies.

The discount rate is 24%.

solution:

Table 8

  1st year 2nd year 3rd year 4th year 5th year
Volume of the issue, sht 4000

 

6000

 

9000

 

11000

 

11000

 

Price per unit., kgs 2300 2300

 

2300

 

2300

 

2300

 

2300

 

Royalti, % 5 5 5 5 5
Proceeds hundred kgs 9200

 

13800

 

20700

 

25300

 

25300

 

income from royalty, hundred kgs. 460

 

600

 

1035

 

1265

 

1265

 

The present value factor (24%) 0,8065

 

0,6504

 

0,5245

 

0,4230

 

0,3411

 

Current income from patent, hundred kgs 370,99

 

390,24

 

542,86

 

535,09

 

431,49

 

Value, hundred kgs. 2270,67

 

 

The cost of the rights using the invention “The mechanism for lifting loads” as defined by the method of relief from royalty is 2270670 KGS.

VII. Making evaluation results

7. The results of the evaluation shall be made in the form of a written report about evaluation, according to the requirements set forth in the “Standard requirements for the content and design evaluation report”, approved by the Government of the Kyrgyz Republic of 03.04.2006, № 217 and “Provisional rules of activity appraisers and appraisal organizations in the Kyrgyz Republic”, approved by the Government of the Kyrgyz Republic dated 08.21.03, the number 537.

 The evaluation report should contain:

– The date of the assessment;

– A precise description of the object of evaluation;

-Accounts date

– The basis for the evaluation;

– Formulation of the goals and objectives of the evaluation;

– A description of the assumptions and limitations of the appraiser to complete the evaluation;

– Determine the value of the sequence estimation and its resultant value;

The report shall be numbered by page, please, and stamped and signed by the appraiser to perform the work.

 

 

Annex 1

Exemplary the royalty rate from sales volume of licensed products

№  п./п. In the field of Industry,

Type of product

The rate

Royalty (%)

1 2 3
1 Aviation industry 6-10

 

Airplanes, weapons

 

5-10

 

2 Automobile industry 1-3
Auto Parts 2-3
Engines and their parts 2-4
3 Accumulators 3-4
4 Flavoring substances 2-4
5 Linen 2-4
6 Shavers 3
7 Tugs 1-2
8 Paper 1-2
9 Copying paper 1-2
10 Bicycles 3-5
11 Gates 3-6
12 Textile fibers 2-3
13 Armament 5-10
14 Railways, equipment 15
15 Games 3-6
16 Rubber products 3-3,5
16а Plastic products 3
16б Glassware 2-4
17 Hardware products 2-5
18 Instrument 5-7
19 Tools manual 2-3
20 Electric cables 2-4
21 Valves 3-6
22 Glue 2-3
23 Books (no copyright) 3-6
24 Leather 3
25 Compressors 5-7
26 Air conditioners 3-4
27 Livestock feed 2-3
28 The boiler equipment 5
29 The boilers 3-5
30 The dyes 3-4
31 Paints 2-3
32 Casting 1,5-2
33 Lifts 4-5
34 Mineral oils 2-3
35 Mechanical Engineering. Equipment for:

 

 
35а Railways 3-5
35b Clerical 3
35v Foundries 1,5-2
35g Medicine 4-7
35d Metallurgy 4-6
35е Water treatment 5
35j The food industry 4
35z Lifting and transporting 5
35i Polygraphic 4
35к Welding 5-6
35l Agriculture 3-5
35m The building complex 1
35н The textile industry 3-5
35о The chemical industry 3-5
35п The industrial refrigeration 4-6
35р The cement plants  3-5
36 The wooden furniture 2-3
36а The metal furniture 1-2
37 Medical devices and equipment 4-7
38 Steel structures 2-4
39 Metal industry see. Also №№ 32,35 (c, e), 41.47 5-8
40 Motors prom. Destination 4-5
41 The heating systems- 4-6
42 The pumps 5-7
43 Drinks 2-5
44 Knifes 3
45 Shoes 1-2,5
46 Perfume 2-5
47 Oven 4-6
48 Food industry see. №№ 27,35 (f, g, n),

41,43,47,51,54

 
49 Printing see №№ 15,23,35, 69  
50 Semiconductors  1-2
51 Semifinished products 3
52 Measuring devices 5-7
52а Electric devices (TRC) 3-5
53 The actuators 5
54 Food commodities 1-2
55 The production of consumer durable goods see. Also №№ 10,19,26,36,71,74 5
56 Production of consumer goods with short period of use, see. Also №№ 23,45,62,66 0,2-1,5
56а Gramophone records (no copyright) 2-5
57 A radio tube 3-4
58 Rubber-technical products 3-3,5
59 Реле-аппаратура 4-6
60 Agricultural machinery 3-5
61 Signaling equipment 1-1,5
62 Sports goods 1-3
63 Machine-tool construction 4,5-7,5
63а Equipment for surface treatment 6-7
63б Оснастка 5-7
63в Metalworking machines 4-6
64 Building complex see,also №№ 166,17,35m, 35p, 38   
64а Building materials 2-4
65 Shipbuilding, ships and marine equipment see. 7,35z also №№ 40 3-5
66 Textile industries see. Also №№ 5, 12, 35 and 66 3-6
66a Fabrics for clothing 3
66б Fabrics the technical 3-4
67 Knitwear 2-4
68 Fertilizers 3
69 Packaging made of cardboard 2-3
70 Pharmaceutical industry see. Also №№ 4,46 2-5
70а pharmaceutical products 2-4
71 photo cinematographic goods 3-5
72 Photographic goods, Chemicals 1-3
73 Chemical Industry see. Also №№ 16,16a, 22, 30, 31, 34,35o, 68.72 1.5
73а Organic Chemistry Products 3-3,5
74 Refrigeration equipment 2-4
75 Ecology see. № 35e 5
76 Electronic industry see, also №№ 50,57 4-10
76а Electronic equipment 4-8
77 Electric industry see, also №№ 20,52а,53,59,61 1-5
77а Electronic technical equipment 4-7

Annnex 2

Discount factors for complex rates of loan interest

 

n 4% 5% 10% 12% 15% 20% 24% 28% 32%
1 0,9615 0,9524 0,9091 0,8929 0,8696 0,8333 0,8065 0,7813 0,7576
2 0,9246 0,9070 0,8264 0,7972 0,7561 0,6944 0,6504 0,6104 0,5739
3 0,8890 0,8638 0,7513 0,7118 0,6575 0,5787 0,5245 0,4768 0,4348
4 0,8548 0,8227 0,6830 0,6355 0,5718 0,4823 0,4230 0,3725 0,3294
5 0,8219 0,7835 0,6209 0,5674 0,4972 0,4019 0,3411 0,2910 0,2495
6 0,7903 0,7462 0,5645 0,5066 0,4323 0,3349 0,2751 0,2274 0,1890
7 0,7599 0,7107 0,5231 0,4523 0,3759 0,2791 0,2218 0,1776 0,1432
8 0,7307 0,6768 0,4665 0,4039 0,3269 0,2326 0,1789 0,1388 0,1085
9 0,7026 0,6446 0,4241 0,3606 0,2843 0,1938 0,1443 0,1084 0,0822
10 0,6756 0,6139 0,3855 0,3220 0,2472 0,1615 0,1164 0,0847 0,0623
11 0,6496 0,5847 0,3505 0,2875 0,2149 0,1346 0,0938 0,0662 0,0472
12 0,6246 0,5568 0,3186 0,2567 0,1869 0,1122 0,0757 0,0517 0,0357
13 0,6006 0,5303 0,2897 0,2292 0,1625 0,0935 0,0610 0,0404 0,0271
14 0,5775 0,5051 0,2633 0,2046 0,1413 0,0779 0,0492 0,0316 0,0205
15 0,5553 0,4810 0,2394 0,1827 0,1229 0,0649 0,0397 0,0247 0,0155

Приложение 3

Коэффициенты наращивания для сложных ставок ссудного процента

n 4% 5% 10% 12% 15% 20% 24% 28% 32%
1 1,0400 1,0500 1,1000 1,1200 1,1500 1,2000 1,2400 1,2800 1,3200
2 1,0816 1,1025 1,2100 1,2544 1,3225 1,4400 1,5376 1,6384 1,7424
3 1,1249 1,1576 1,3310 1,4049 1,5209 1,7280 1,9066 2,0972 2,300
4 1,1699 1,2155 1,4641 1,5735 1,7490 2,0736 2,3642 2,6844 3,0360
5 1,2167 1,2763 1,6105 1,7624 2,0114 2,4883 2,9316 3,4360 4,0075
6 1,2653 1,3401 1,7716 1,9738 2,3131 2,9860 3,6352 4,3980 5,2899
7 1,3159 1,4071 1,9487 2,2107 2,6600 3,5832 4,5077 5,6295 6,9826
8 1,3686 1,4775 2,1436 2,4760 3,0590 4,2998 5,5895 7,2058 9,2170
9 1,4233 1,5513 2,3579 2,7731 3,5179 5,1598 6,9310 9,2234 12,166
10 1,4802 1,6289 2,5937 3,1058 4,0456 6,1917 8,5944 11,806 16,060
11 1,5395 1,7103 2,8531 3,4785 4,6524 7,4301 10,657 15,112 21,199
12 1,6010 1,7959 2,1384 3,8960 5,3503 8,9161 13,215 19,343 27,983
13 1,6651 1,8856 3,1384 4,3635 6,1528 10,699 16,386 24,759 36,937
14 1,7317 1,9799 3,4523 4,8871 7,0757 12,839 20,319 31,691 48,757
15 1,8009 2,0789 3,7975 5,4736 8,1371 15,407 25,196 40,565 64,359

literature

Temporary Rules of appraisers and appraisal organizations in the Kyrgyz Republic (approved by Government Decision № 537 of 21.08.2003).

On Approving the property valuation standards that must be applied by all entities appraisal activities in the Kyrgyz Republic (approved by Government Decision № 217 of 04/03/06).

Methodical recommendations on the assessment of intellectual property: Metod.posobie / R.O. Omorov, A.T. Tokoev, D.I. Davletova, V.V. Tokarev, L.G.Hmilevskaya. -Bishkek Kyrgyzpatent, 1999.

Desmond M. Glenn Kelly Richard E. Evaluation Guide Business: Per.ang.Red.kol .: I.L. Artemenkov (main red.) A.V .Voronkin. – M.1996. – 264s. – (Encyclopedia of evaluation).

License trade marketing, pricing, management / V.I. Muhopad. – 2nd ed. Revised. and add.- M.INITS Rospatent, 2000 -339 p.

B.B. Leontiev, H.A. Mamajanov. Principles and approaches to the evaluation of intellectual property and intangible assets. Training. allowance: – M .: Publishing house “RINFO”, 2003.- 172 p.

U.B .Leontiev Technique professional assessment of intellectual property and intangible assets. – M .: LLC “Publishing house” Octopus “,” 2005 -271s.: Ill.

 
 

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Orders on competence of records management on procedure of international registration of Trademarks - Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of February 19, 2014 N25

Одобрен

решением Научно-технического совета Государственной службы интеллектуальной собственности и инноваций при Правительстве КР от  31 января 2014 года № 7

 

Утвержден

приказом Государственной службы интеллектуальной собственности и инноваций при Правительстве КР от  19 февраля 2014 года № 25

 

ПОРЯДОК

ведения делопроизводства по процедуре

международной регистрации товарного знака

Настоящий Порядок регламентирует последовательность делопроизводства по заявке на международную регистрацию товарного знака по процедуре Мадридского соглашения о международной регистрации знаков и Протокола к Мадридскому соглашению, поступившей из Международного бюро Всемирной организации интеллектуальной собственности в Государственную службу интеллектуальной собственности и инноваций при Правительстве Кыргызской Республики и устанавливает требования, предъявляемые к структурным подразделениям Государственной службы интеллектуальной собственности и инноваций при Правительстве Кыргызской Республики для оптимальной организации их взаимодействия.

I. Общие положения 

1. Перечень сокращений: 

Соглашение – Мадридское соглашение о международной регистрации знаков;

Протокол – Протокол к Мадридскому соглашению о международной регистрации знаков;

Закон – Закон Кыргызской Республики «О товарных знаках, знаках обслуживания и наименованиях мест происхождения товаров»;

ВОИС – Всемирная организация интеллектуальной собственности;

Международное бюро – Международное бюро ВОИС;

Кыргызпатент – Государственная служба интеллектуальной собственности и инноваций при Правительстве Кыргызской Республики;

Общая Инструкция – Общая Инструкция к Мадридскому соглашению о международной регистрации знаков и Протоколу к этому Соглашению;

Порядок – Порядок ведения делопроизводства по процедуре международной регистрации товарного знака;

Правила – Правила составления, подачи и рассмотрения заявки на регистрацию товарного знака и знака обслуживания, утвержденные постановлением Правительства Кыргызской Республики от 27 октября 2011 года № 685;

Уведомление – уведомление Международного бюро ВОИС о международной регистрации знака по процедуре Мадридского соглашения и Протокола к мадридскому соглашению, с испрашиванием охраны в Кыргызской Республике;

Заявка – заявка на международную регистрацию, поданная в соответствии с Соглашением или Протоколом;

Базовая заявка – заявка на регистрацию знака, которая подана в Ведомстве Договаривающейся  стороны и является основой для международной заявки на регистрацию этого знака;

Базовая регистрация – регистрация знака, которая осуществлена в Ведомстве договаривающейся стороны и является основой для международной заявки на регистрацию этого знака;

Ведомство происхождения – Ведомство, в которое была подана заявка или в котором была осуществлена базовая регистрация;

Товарный знак и знак обслуживания – это обозначения, способные отличать соответственно товары и услуги одних юридических или физических лиц от однородных товаров или услуг  других юридических или физических лиц;

Экспертный отдел – отдел экспертизы товарных знаков.

II. Поступление уведомления в Кыргызпатент

2. Уведомление поступает в отдел кадров и делопроизводства Кыргызпатента по почте. При приеме уведомления вносится запись в “Журнал для регистрации входящих документов” отдела кадров и делопроизводства.

3. Передача, зарегистрированного в отделе кадров и делопроизводства  уведомления в экспертный отдел осуществляется в день его поступления. Прием уведомления производит эксперт осуществляющий экспертизу международных знаков экспертного отдела.

При приеме уведомления:

– проставляется подпись и дата в “Журнале для регистрации входящих документов” отдела кадров и делопроизводства;

– данные о заявках, содержащихся в уведомлении, фиксируются в “Журнале регистрации международных заявок на товарный знак” экспертного отдела;

– в Международное бюро направляется бланк подтверждения о получении уведомления.

III. Экспертиза заявленного обозначения 

4. Экспертиза заявленного обозначения проводится в течение двенадцати месяцев, считая с даты уведомления Международным бюро Кыргызпатента. Согласно Правилу 18(1)(iii) Общей Инструкции упомянутая дата является той же самой, что и дата отправки уведомления о международной регистрации или сделанном позже указании. В соответствии со статьей 5(2) Соглашения и со статьей 5(2) (а) Протокола до истечения указанного срока в Международное бюро должно быть направлено заявление о согласии в предоставлении охраны или уведомление о полном или частичном отказе в предоставлении охраны.

5. Задача экспертизы заявленного обозначения – проверить соответствие заявленного обозначения условиям охраноспособности товарного знака, т.е. требованиям, установленным статьями 2, 4 и 5 Закона.

По результатам экспертизы заявленного обозначения выносится решение о согласии в предоставлении охраны знаку или об отказе в предоставлении охраны знаку.

6. При проверке заявленного обозначения по абсолютным и иным основаниям для отказа в регистрации,  в соответствии с требованиями пунктов 6-10 и 53-60 Правил:

Устанавливается, является ли оно обозначением:

– не обладающим различительной способностью (подпункт (а) пункта 6 Правил);

– представляющим собой государственные гербы, флаги и эмблемы, официальные названия государств, эмблемы, сокращенные или полные наименования международных организаций, официальные контрольные, гарантийные и пробирные клейма, печати, награды и другие знаки отличия или сходные с ними до степени смешения- без разрешения компетентного органа или их владельца (подпункт (б) пункта 6 Правил);

В соответствии со статьей 5bis Соглашения и Протокола документы, подтверждающие законность использования содержащихся в знаках отдельных элементов, таких, как гербы, гербовые щиты, портреты, знаки отличия, звания, фирменные наименования или имена лиц, кроме имени заявителя, или другие аналогичные надписи, которые могли бы быть затребованы Кыргызпатентом, освобождаются от всякой легализации, а также от всякого засвидетельствования, кроме засвидетельствования Ведомством происхождения.

– вошедшим во всеобщее употребление как обозначения товаров определенного вида (подпункт (в) пункта 6 Правил);

– общепринятых терминов и символов в отношении к товарам, для которых предлагается использовать такие термины или символы в качестве знаков (подпункт (г) пункта 6 Правил);

– указывающим на вид, качество, количество, свойство, назначение, ценность товаров, а также на время и место их происхождения, производства или сбыта (подпункт (д) пункта 6 Правил).

Устанавливается, является ли обозначение или его элемент:

– ложным или способным ввести в заблуждения потребителя относительно товара или его изготовителя (подпункт (а) пункта 7 Правил);

– представляющим собой или содержащим указание на место происхождения вин или крепких спиртных напитков, охраняемых в силу международных договоров Кыргызской Республики, если такие обозначения предназначены для вин или крепких спиртных напитков, не происходящих из указанных мест, а также формально указывающих на истинное место производства товара, но дающих ошибочное представление о том, что товар происходит с другой территории (подпункт (б) пункта 7 Правил);

– противоречащим общественным интересам, принципам гуманности и морали (подпункт (в) пункта 7 Правил).

7. При проверке на тождество и сходство в соответствии с требованиями Правил:

– проводится поиск тождественных и сходных обозначений (пункт 55-56);

– определяется степень сходства заявленных и выявленных при проведении поиска обозначений:

  • определение сходства словесных обозначений (пункт  57);
  • определение сходства изобразительных и объемных обозначений (пункт 58);
  • определение сходства комбинированных обозначений (пункт  59)

– определяется однородность заявленных товаров товарам, для которых зарегистрированы (заявлены) выявленные тождественные или сходные товарные знаки (обозначения) (пункт 60).

8. При проверке соответствия заявленного обозначения условиям охраноспособности товарного знака по пунктам 6-10 настоящего Порядка проводится поиск по следующим источникам информации:

– национальной базе данных зарегистрированных товарных знаков и заявок на регистрацию товарных знаков в отношении однородных товаров и/или услуг;

– международной базе данных Мадридской системы «ROMARIN» зарегистрированных товарных знаков и заявок на регистрацию товарных знаков в отношении однородных товаров и/или услуг;

– международной базе данных Мадридской системы по статье 6ter, которая включает гербы, флаги и эмблемы, официальные названия государств, эмблемы, сокращенные или полные наименования международных организаций в отношении любых товаров и/или услуг;

– национальной базе данных зарегистрированных фирменных наименований и заявок на регистрацию фирменных наименований в отношении однородных видов деятельности либо однородных товаров и/или услуг;

– национальной базе данных зарегистрированных промышленных образцов;

– международной базе данных промышленных образцов по Гаагской системе;       – национальной базе данных наименований мест происхождения товаров в отношении любых товаров и/или услуг;

– национальной базе данных общеизвестных товарных знаков в отношении любых товаров;

– базе данных Всемирной организации здравоохранения (ВОЗ) в отношении лекарственных препаратов;

– словарям, энциклопедиям и другим источникам информации для установления значения заявленного обозначения.

Помимо этого проверяется не воспроизводит ли заявленное обозначение:

– наименования известных в Кыргызской Республике произведений науки, литературы и искусства, персонажи из них или цитаты, произведения искусств  или их фрагменты без согласия обладателя авторского права или его правопреемника подпункт (б) пункта 10 Правил;

– фамилии, имена, псевдонимы и производные от них, портреты и факсимиле известных лиц без согласия таких лиц или их наследников, а в случае, если эти обозначения являются достоянием истории и культуры Кыргызской Республики, – без разрешения Правительства Кыргызской Республики подпункт (в) пункта 10  Правил;

Если при поиске не выявлены тождественные или сходные товарные знаки, дальнейшее делопроизводство по заявке проводится по пункту 9 настоящего Порядка.

В случае выявления тождественных или сходных товарных знаков другого заявителя дальнейшее делопроизводство по заявке проводится по  пункту 10 настоящего Порядка.

IV. Решение о предоставлении охраны

9. При соответствии заявленного обозначения требованиям, установленным статьей 2, 4 и  5 Закона, для всех товаров и услуг, указанных в перечне товаров и услуг, представленном заявителем, экспертный отдел:

– принимает решение о предоставлении охраны для всех товаров и услуг, указанных в этом перечне;

– заполняет бланк уведомления о предоставлении охраны [Règle 18 ter.1)];

–  направляет указанное уведомление с реестром (Annexe) в Международное бюро;

– подшивает копии уведомления и реестра с печатью отдела кадров и делопроизводства Кыргызпатента в Реестр положительных решений.

В уведомлении указывается:

– национальное ведомство, вынесшее решение;

– номер соответствующей международной регистрации;

– имя и адрес владельца соответствующей международной регистрации;

– согласие ведомства в охране знака как объекта международной регистрации;

– дата вынесения решения;

– подпись или официальная печать ведомства. 

V. Предварительное решение

о полном или частичном отказе в предоставлении охраны

10. Если в результате экспертизы заявленного обозначения, проведенной по завершении предварительной экспертизы в течение двенадцати месяцев с даты подачи заявки, установлено, что обозначение не соответствует, по крайней мере, одному из требований, предусмотренных статьями 2, 4 и 5 Закона экспертный отдел:

– принимает предварительное решение о полном или частичном отказе в предоставлении охраны;

– заполняет бланк уведомления о полном или частичном предварительном отказе в предоставлении охраны [Règle 17.1)];

– направляет указанное уведомление в Международное бюро с соответствующим реестром;

– вносит соответствующую запись в “Журнал регистрации уведомлений в ВОИС”.

– подшивает копии уведомления и реестра с печатью отдела кадров и делопроизводства Кыргызпатента в файл предварительных  решений об отказе.

В соответствии с Правилом 17(2) Общей Инструкции в уведомлении, направляемом в Международное бюро, в случае отказа, не основанного на возражении должно быть указано:

– национальное ведомство, вынесшее решение об отказе;

– номер международной регистрации, предпочтительно вместе с другими указаниями, позволяющими подтвердить подлинность международной регистрации, такими, как словесные элементы знака или номер базовой заявки или базовой регистрации;

– мотивы отказа в регистрации вместе со ссылкой на соответствующие основные положения национального законодательства;

– если мотивы отказа в регистрации относятся к знаку, который был предметом заявки или регистрации и который противопоставляется знаку, являющемуся предметом международной заявки, то сообщается дата подачи заявки и номер, дата приоритета (при наличии таковой), дата регистрации и номер (при наличии таковых), имя и адрес владельца, изображение предшествующего знака вместе с перечнем всех относящихся к нему товаров и услуг в заявке или регистрации этого предшествующего знака; при этом понимается, что упомянутый перечень может быть представлен на языке этой заявки или регистрации;

– указание объема отказа полный или частичный, в случае частичного отказа должны быть указаны те товары и/или услуги, для которых знаку отказано в охране;

– срок подачи возражения и орган, в который это возражение должно быть направлено, с указанием, что возражение должно быть представлено при посредстве национального  патентного поверенного;

– дата вынесения решения об отказе;

– подпись или официальная печать ведомства.

Также, в уведомлении указывается имя и адрес владельца соответствующей международной регистрации.

11. Согласно части 7 статьи 10 Закона предварительное решение об отказе в предоставлении охраны позволяет заявителю в двухмесячный срок с даты получения уведомления о полном или частичном отказе в предоставлении охраны представить мотивированное возражение и/или дополнительные материалы, на основе которых экспертиза могла бы изменить свое решение в пользу заявителя. По просьбе заявителя срок ответа на предварительное решение может быть продлен до двенадцати месяцев, при условии, что просьба поступила до истечения двух месяцев с даты получения указанного уведомления.

В случае не продления этого срока, дальнейшее делопроизводство осуществляется аналогично пункту 13 настоящего Порядка.

12. Иностранные юридические лица или постоянно проживающие за пределами Кыргызской Республики физические лица либо их патентные поверенные ведут дела, связанные с регистрацией товарного знака, через патентных поверенных, зарегистрированных в Кыргызпатенте, если иной порядок не установлен вступившим в установленном законом порядке в силу международным договором, участницей которого является Кыргызская Республика. 

VI. Окончательное решение

13. Если заявитель в течение двух месяцев с даты получения уведомления о полном или частичном предварительном отказе в предоставлении охраны не представит в Кыргызпатент мотивированное возражение или просьбу о продлении указанного срока экспертный отдел:

– принимает окончательное решение о полном или частичном отказе в предоставлении охраны;

– заполняет бланк уведомления о полном [Règle 18ter.3] или частичном [Règle 18ter.2)ii)] окончательном отказе в предоставлении охраны;

– направляет указанное уведомление в Международное бюро с соответствующим реестром;

– вносит соответствующую запись в “Журнал регистрации уведомлений в ВОИС”.

– подшивает копии уведомления и реестра с печатью отдела кадров и делопроизводства Кыргызпатента в файл окончательных решений об отказе.

В уведомлении об окончательном решении в случае отказа в предоставлении охраны указывается:

– национальное ведомство, вынесшее решение об отказе;

– номер международной регистрации, предпочтительно вместе с другими указаниями, позволяющими подтвердить подлинность международной регистрации, такими, как словесные элементы знака или номер базовой заявки или базовой регистрации;

– имя и адрес владельца соответствующей международной регистрации;

– отказ ведомства в предоставлении охраны знаку; если отказ не затрагивает все товары и услуги, то товары и услуги, затронутые отказом или те, которые не затронуты отказом;

– дата вынесения решения;

– подпись или официальная печать ведомства.

14. Если заявитель в течение двух месяцев с даты получения уведомления о полном или частичном предварительном отказе в предоставлении охраны представит в Кыргызпатент мотивированное возражение и/или дополнительные материалы на основе которых экспертиза могла бы изменить свое решение экспертный отдел:

– принимает окончательное решение о предоставлении охраны;

– заполняет бланк уведомления об окончательном решении [Règle 18ter.2)i)]

– направляет уведомление с реестром в Международное бюро;

– вносит соответствующую запись в “Журнал регистрации уведомлений в ВОИС”.

– подшивает копии уведомления и реестра с печатью отдела кадров и делопроизводства Кыргызпатента в файл окончательных решений, отменяющих предварительное решение об отказе.

В уведомлении об окончательном решении в случае предоставления охраны указывается:

– национальное ведомство, вынесшее решение;

– номер международной регистрации, предпочтительно вместе с другими указаниями, позволяющими подтвердить подлинность международной регистрации, такими, как словесные элементы знака или номер базовой заявки или базовой регистрации;

– имя и адрес владельца соответствующей международной регистрации возражающей стороны;

– согласие ведомства в охране знака;

– дата вынесения решения;

– подпись или официальная печать ведомства.

Если экспертиза не согласна с доводами, представленными в возражении заявителя, дальнейшее делопроизводство по заявке осуществляется аналогично пункту 13 настоящего Порядка. 

VII. Обжалование решения по заявке 

15. При несогласии заявителя с предварительным или окончательным решением экспертизы, он вправе в течение трех месяцев с даты получения соответствующего уведомления подать возражение в Апелляционный совет Кыргызпатента. Возражение должно быть рассмотрено Апелляционным советом в течение четырех месяцев с даты его поступления (пункт 65 Правил).

Деятельность Апелляционного совета регламентирована Правилами подачи возражений и их рассмотрения в Апелляционном совете Кыргызпатента, утвержденного постановлением Временного Правительства Кыргызской Республики от 9 июля 2010 года № 117.

К возражению должен быть приложен документ, оформленный в определенном порядке и подтверждающий уплату пошлины за подачу возражения в установленном законодательством размере.

При вынесении Апелляционным советом решения об отмене решения экспертизы заявителю направляется мотивированное решение. На основании вынесенного Апелляционным советом решения экспертный отдел:

– заполняет бланк уведомления;

– направляет уведомление в Международное бюро;

– вносит соответствующую запись в “Журнал регистрации уведомлений в ВОИС”.

16. При вынесении Апелляционным советом решения об оставлении в силе решения экспертизы заявителю от имени Апелляционного совета направляется мотивированное решение, в котором указывается, что заявитель может обжаловать вынесенное решение в суд в течение шести месяцев с даты его получения согласно части 2 статьи 11 Закона.

При отмене судом решения Апелляционного совета экспертный отдел:

– заполняет бланк уведомления;

– направляет уведомление в Международное бюро;

– вносит соответствующую запись в “Журнал регистрации уведомлений в ВОИС”.

VIII. Признание международной регистрации недействительной

17. Регистрация товарного знака может быть признана недействительной полностью или частично в течение всего срока ее действия, если она была произведена в нарушение требований, установленных статьями 3, 4 и 5 Закона, или в течение пяти лет с даты публикации Международным бюро сведений о регистрации знака по основаниям, установленным статьей 5 Закона.

Возражение против регистрации товарного знака может быть подано в Апелляционный совет любым лицом.

Апелляционный совет рассматривает возражение в течение четырех месяцев с даты его поступления.

В случае принятия Апелляционным советом решения о признании международной регистрации недействительной оно направляется заявителю. В решении заявитель уведомляется о возможности обжалования решения Апелляционного совета в суде в течение шести месяцев с даты его получения.

На основании решения Апелляционного совета (если оно не обжаловано в суде в течение шести месяцев с даты вынесения) или решения суда о признании международной регистрации недействительной экспертный отдел:

– заполняет бланк уведомления;

– направляет уведомление в Международное бюро.

В соответствии с правилом 19(1) Общей Инструкции в уведомлении необходимо указать:

– орган, вынесший решение о признании международной регистрации недействительной;

– номер международной регистрации;

– имя владельца международной регистрации;

– указание о том, что решение о признании регистрации недействительной не может более быть обжаловано;

– если признание международной регистрации недействительной затрагивает не все товары и услуги, те из них, в отношении которых регистрация знака признана недействительной, или те, в отношении которых регистрация не признана недействительной;

– дату вынесения решения о признании международной регистрации недействительной и, по возможности, дату его вступления в силу.

18. Хранение материалов заявки осуществляется в экспертном отделе.

 

 
 

The Order on record-keeping activity on application for international registration of the Trademark filed through Kyrgyzpatent - Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of February 19, 2014 N 25

Approved by decision of the Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of January 31, 2014 number N 7

 

Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of February 19, 2014 N 25 

The Order on record-keeping activity on application for international registration of the Trademark filed through Kyrgyzpatent

This Order regulates sequence of record-keeping activity on primary examination and send to the International Bureau of WIPO application for international registration of the trademarks filed in State service of intellectual property and innovation under the Government of the Kyrgyz Republic by procedure of Madrid agreement and established request applicable to the structural units of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction.

I.       General Provisions 

1.      List of abbreviation: 

Agreement – Madrid agreement on international registration of marks;

Protocol – Protocol to Madrid agreement on international registration of marks;

Law – Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin of Goods”;

WIPO – World Intellectual Property Organization;

International Bureau – International Bureau of WIPO;

Kyrgyzpatent – State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

General Instruction – General Instruction to Madrid agreement on international registration of marks and Protocol to this agreement;

Order – Order on record-keeping activityon application to international registration of the trademark by procedure of the Protocol to Madrid agreement filed to Kyrgyzpatent;

Rules – Rules for review, consideration and filing application for registration of trademarks and service marks approved by resolution of the Government of the KR of October 27, 2011 N 685;

Application – application for international registration of the trademarks filed by procedure of Madrid agreement on International registration of marks and Protocol to Madrid agreement.

Basic application – an application for registration of a mark which was filed with Kyrgyzpatent and is the basis for the international application for registration of the mark;

Basic registration – registration of the mark, which is carried out by Kyrgyzpatent and is the basis for the international application for registration of the mark;

Trademark and service mark – a designation distinguish goods and services of one natural or legal persons from the goods or services of other individuals or legal entities;

Regulation on Fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, granting user rights of appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic on June 12, 1998 number 346;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013 № 119;

State Register – the State Register of Trademarks and Service Marks of the Kyrgyz Republic;

Expert department – Department of trademark examination.

II. Filed application to the Kyrgyzpatent.

2. The application is submitted to the personnel department and the office of Kyrgyzpatent directly by the applicant, his representative or patent attorney or be sent by mail.

Upon receipt of the application materials an entry in the “Journal for registration of trademark applications.”

The applicant or his representative shall be issued a receipt of acceptance of the application materials with the indication of an incoming number and date of receipt. Receipt signed by an employee of the personnel department and office.

3. Transfer registered in the personnel department and records management application, expert department on the day of its receipt. Acceptance of an application made by experts on the examination of International Marks.

Upon receipt of the notice:

– To check whether the application materials, recorded in the “Journal for registration of trademark applications”;

– The signature and the date in the aforementioned magazine;

– Details of the application are recorded in the appropriate register of the expert department.

4. The date of filing is the date of receipt of the application to Kyrgyzpatent, provided that the International Bureau received the application within two months from the date of this filing. If the application has not been received by the International Bureau within the specified period, the filing date of the application shall be the date of its receipt by the International Bureau, in accordance with paragraph 4) of Article 3 of the Protocol.

5. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing and preliminary examination under the Madrid Agreement and Protocol and the fee for forwarding the application materials in International Bureau in established size in accordance with point 19 of section III, with point 2 of the section IV Provision on fees Document on payment of fee is a copy of the payment order, which has the stamp of the bank for payment or bank receipt for payment of fee in cash or by transfer from the account of paragraph 11 of the fee, extracts of admission fees to the account of Kyrgyzpatent.

When you receive a document confirming payment of fees by the applicant and the Human Resources Department office records the document on payment of fee in the “Journal of registration for the payment of fees,” which records:

– Details of the payer;

– Purpose of payment;

– The date of the document on the payment of duties.

The document confirming payment of fees is stamped Kyrgyzpatent and assigned a serial number and date of the incoming receipt. The document on the payment of the fee is transmitted to the financial – economic sector with putting the signature in the above journal receiver.

6. The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

III. Examination

7. If the application for international registration of the mark in the preliminary examination Kyrgyzpatent.

8. The preliminary examination is carried out within one month from the date of receipt of the application to Kyrgyzpatent.

9. In the course of the preliminary examination of the international application is checked:

– The completeness of the application;

– Compliance with the requirements of the application materials;

– The compliance of the mark and the list of goods and / or services and the image list contained in the basic registration;

– The applicant’s right to file an application.

10. At this stage of preliminary examination, whether the application is:

– Two copies of the completed international application;

– Three black-and-white reproduction of the mark (except for the image that appears on the form) if the mark is in black and white;

– Three color reproduction of the mark (except for the image that appears on the form), if the sign is in color;

– A copy of the Kyrgyz Republic for a sign (or a decision on registration of a mark if the request is presented before making the mark in the State Register, or a copy of the basic application);

– A document confirming the payment of duties on the foreign exchange account of the International Bureau;- a document confirming payment of the fee for filing an application and preliminary examination in accordance with the Agreement and the fee for forwarding application materials to the International Bureau;

– Power of attorney, certifying the authority of the representative, if the international application materials submitted by him.

11. According to Rule 9 (4) and 9 (5) (a) of the Common Regulations application shall contain or indicate:

– Applicant’s name; if the applicant is a natural person, it is to indicate the name or principal name and the given or secondary name or names of that person; if the applicant is a legal entity – it specifies the full official name of the legal entity; if the applicant’s name consists of characters other than Latin characters, the indication of the name must be done by transliteration in Latin letters, which must follow the phonetics of the language of the international application; if the applicant is a legal entity, and its name consists of characters other than Latin characters, the said transliteration may be replaced by a translation into the language of the international application;

– Address of the applicant; This address must be specified so as to satisfy the customary requirements for prompt postal delivery and should contain all the relevant administrative units, including the house number, if any; In addition, an indication of the address may contain a telephone number, and fax, and for the purposes of correspondence address is different from the above address. If there are two or more applicants with different addresses must be specified only one address for correspondence; when there is no indication of such an address, the address for correspondence is the address of the applicant first named in the international application;

– Name and address of the representative, if any; In addition, an indication of the address may contain a telephone number, and fax; if the name is representative of characters other than Latin characters, the indication of the name is carried out by a transliteration in Latin letters, which must follow the phonetics of the language of the international application; if the representative is a legal entity, and its name consists of characters other than Latin characters, the said transliteration may be replaced by a translation into the language of the international application;

– Application, claim the priority of the previously filed application, together with the name of the Office with which that application was filed, and if the number of the application and, if priority is not requested for all the goods or services listed in the international application, an indication of the goods and services in respect of which priority is claimed – where the applicant wishes to take advantage of the priority of the previously filed application under the Paris Convention for the Protection of Industrial Property;

– Reproduction of the mark corresponding to the size of the square, as provided in the official form; such an image should be black and white or in color depending on whether the base register the image in black and white or in color;

– A statement about the standard font design mark – if the applicant wishes that the mark considered as a mark in standard font design;

– A statement of the color guard is claimed as a distinctive feature of the mark, as well as the name of the color or combination of colors for which protection is sought, and if the image of the mark is in black and white reproduction of the mark in color – if the applicant wishes to seek such protection in accordance with Article 3 (3) of the Protocol;

– The indication “three-dimensional mark,” – where the basic registration relates to a three-dimensional mark;

– the indication “collective mark”, – where the basic registration relates to any of these signs;

– A verbal description of the mark – if the basic registration contains a verbal description of the mark; if such a description in a language other than the language of the international application, it must be in the language of the international application;

– If the mark, or part of the mark consists of characters other than Latin characters or digits other than Arabic or Roman, a transliteration of the mark or sign of the Latin alphabet and Arabic numerals; transliteration in Latin characters must follow the phonetics of the language of the international application;

– The name of the goods and services for which international registration is sought, grouped according to the classes of the International Classification of Goods and Services (ICGS), and in the manner specified classification, each group preceded by the number of the class to which that group of goods or services; goods and services must be indicated in precise terms, preferably using the terms appearing in the alphabetical list of the classification; the international application may contain a limited list of goods and services in respect of one or more of the Contracting Parties; limitation of the list in respect of each Contracting Party may be different;

– Amount of the fees payable and the method of payment, or instructions to debit the required amount of fees and charges to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions;

 The international application may also contain:

– An indication of the state of which the applicant, if the applicant is a natural person;

– The legal nature of the legal entity and an indication of the state, and if applicable, the territorial unit within that State, under the law of which the said person, – if the applicant is a legal entity;

– If the mark consists of or contains a word or words that can be translated, the translation of that word or words in French or English;

– If the applicant claims color as a distinctive feature of the mark – a verbal indication of each color in relation to each of the basic colors to specify parts of the mark made in this color.

12. Picture of the mark which is the subject of the application and a list of goods and / or services contained in the application must fully comply with the image mark and the list of goods and / or services contained in the basic registration or application.

13. In accordance with paragraph (1) (i) of Article 2 of the Protocol an international registration of a mark may request any citizen of the Kyrgyz Republic, as well as any natural or legal person who has a residence (or location) in the Kyrgyz Republic, or a real and effective industrial or commercial enterprise.

14. When considering the design of the application or require additional coordination with the applicant the content of the application, Kyrgyzpatent shall send him request.

The request may include requirements:

– Cause the image represented by the sign and the list of goods and / or services consistent with the picture and the list contained in the basic national registration;

– Hand in these missing numbers of copies of the reproduction of the mark;

– Clarify the full legal name of the applicant;

– Submit a document confirming payment of the fee for the international registration of marks at the expense of the International Bureau;

– To submit a document confirming payment of the shortfall filing fee and the preliminary examination in accordance with the Agreement and / or the fee for forwarding application materials to the International Bureau;

– Provide any other information and documents, the lack of which hampers the completion stage of the preliminary examination Kyrgyzpatent.

The request is recorded in the appropriate log.

If you have a request or error correction of the inaccuracies are not beyond the competence of Kyrgyzpatent does not require consultation with the applicant, Kyrgyzpatent he corrects such errors or inaccuracies.

15. Kyrgyzpatent shall specify:

– The date on which the Office has received, or is deemed to have received the applicant’s request to present the international application to the International Bureau;

– That the applicant has indicated in the international application is the same person as the owner of the basic registration;

– That any reference in paragraphs 4 (a) (vii) of (xi) General Instructions and appearing in the international application also contained in the basic registration;

– That the mark that is the subject of an application for international registration is identical to the mark which is the subject of the basic registration;

– In case the color protection is claimed in the international application, color protection is sought for the same colors as in the basic registration or basic application.

16. After the preliminary examination, Kyrgyzpatent shall send an application to the International Bureau. The fact of sending recorded in the appropriate register.

17. In accordance with Rule 11 (4) of the Common Regulations, if the International Bureau finds that the application is completed correctly, in particular:

– Application brought not on the official form prescribed under Rule 9 (2) (a)

– The application contains one or more defects referred to in Rule 15 (1) (a) of the Common Regulations;

– The application does not follow the rules relating to the right of the applicant to file an international application;

– The application does not follow the rules relating to the application of Kyrgyzpatent, mentioned in paragraph 15 of this Order;

– The original of the page containing the image of the mark (in the case where the application is transmitted to the International Bureau by fax) not been received by the International Bureau within one month after receipt of fax messages; – the application is not signed by Kyrgyzpatent

The International Bureau shall notify Kyrgyzpatent simultaneously informs the applicant. Received a notification of the International Bureau recorded in the appropriate register.

Kyrgyzpatent shall correct these documents within three months from the date of receipt of the notification of the International Bureau. Departure date recorded in an appropriate log.

If the defects are not corrected in time, the international application shall be considered abandoned and the International Bureau at the same time notify the applicant and Kyrgyzpatent.

In accordance with Rule 12 (1) of the Common Regulations, if the International Bureau finds that the goods and services specified in the application for international registration are not grouped in classes, or if such a classification is incorrect, it submits its proposals for the classification and notifies This Kyrgyzpatent simultaneously informing the applicant. Received a notification of the International Bureau recorded in the appropriate register. Notice of the proposal also specifies the amount payable duties and taxes, if such a need arises in connection with the proposed classification and grouping.

Kyrgyzpatent may inform the International Bureau an opinion on the proposed classification and grouping within three months from the date of notification of a proposal.

 

18. Pursuant to Rule 24 (1) of the Common Regulations, any Contracting Party may be subject to designation made subsequently to the international registration (hereinafter – the subsequent designation).

Follow the instructions displayed to the International Bureau through Kyrgyzpatent it appears on the official form in one copy.

In accordance with Rule 24 (3) of the Common Regulations subsequent designation shall contain or indicate:

– Number of the international registration;

– Name and address of the owner;

– Indicate the Contracting Parties;

– A reference to the fact that the subsequent designation concerns all the goods and services listed in the international registration; or only those goods and services listed in the international registration to which the subsequent designation – if the subsequent designation relates to the goods and services;

– Amount of the fees payable and the method of payment, or instructions to debit the required amount of fees and charges to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions;

– The date on which the subsequent designation was received by Kyrgyzpatent;

– The signature of Kyrgyzpatent.

Properly executed, followed by the form is sent to the International Bureau. On the administration form made a mark in the appropriate register.

In accordance with Rule 24(5) of General Instruction, if International Вureau establish that next designations aren’t able to, it shall notify this fact to the holder and Kyrgyzpatent. Received a notification of the International Bureau recorded in the appropriate register.

If non-compliance is not remedied within three months from the date of notification by the International Bureau for failure to comply with the rules, then the processing of the subsequent designation shall be considered abandoned and the International Bureau shall notify the owner and Kyrgyzpatent.

19. Amendment of the international registration based on an application of the owner of the international registration that is presented to the International Bureau in a single copy on the relevant official form. The application may be submitted through Kyrgyzpatent.

Changes in the international registration may relate to:

– Change in ownership of the international registration in respect of all or some of the goods and services, as well as some or all of the designated Contracting Parties;

– Limit the list of goods and services in respect of all or some of the designated Contracting Parties;

– Refusal of protection against some of the Contracting Parties for all the goods and services;

– Change the name and address of the holder of the international registration;

– Cancellation of the international registration in respect of all goods (services).

In accordance with Rule 25 (2) (a) of the Common Regulations petition for entry of the change, in addition to the requested change must contain or indicate:

– Number of the international registration;

– The name of the owner, if the change does not apply to the name or address of the representative;

-name and address in accordance with Rule 9 (4) (a) (i) and (ii), the Common Regulations a person or entity referred to in the statement as the new owner of the international registration, – in the case of change in ownership of the international registration;

– Contracting Party or Parties in respect of which the transferee fulfills the conditions in accordance with Articles 1 (2) and 2 of the Protocol to be the holder of an international registration – in the case of change in ownership of the international registration;

– The address of the residence or the assignee in a Contracting Party or of a Contracting Party in respect of which the transferee fulfills the conditions necessary to be the holder of an international registration – in the case of change in ownership of the international registration, if the address of the assignee is not located on the territory of the Contracting Party or one of the Contracting Parties and if the successor has not indicated that he is a national of a Contracting State;

– Goods and services, as well as the designated Contracting Parties to which the change in ownership, – in the case of change in ownership of the international registration that does not relate to all the goods and services and to all the designated Contracting Parties;

– Amount of the fees payable and the method of payment, or instructions to debit the required amount of fees and charges to an account opened with the International Bureau, and the identification of the party effecting the payment or giving the instructions.

In accordance with Rule 25 (2) (b) of the Common Regulations petition for entry of a change in ownership of the international registration may also contain:

– An indication of the state of nationality of the successor – If the successor is a natural person;

– Indications relating to the legal nature of the legal entity and the State, and, if necessary, to the territorial unit within the State, under the law of which the legal entity is organized – if the successor is a legal entity.

If the examination of the application Kyrgyzpatent found that the requested changes are made to the application or registration of the trademark in the Kyrgyz Republic Kyrgyzpatent shall send to the trademark owner a notice of the need to pre-make these changes to the national registration or application.

If the fee for international registration of marks paid insufficient amount Kyrgyzpatent sends the applicant a notice to co-pay required amounts and the submission of relevant documents.

After checking Kyrgyzpatent shall submit an application for entry of the change in the International Bureau. On the dispatch of the notice made a mark in the appropriate register.

In case of cancellation of the basic registration or application, the Office shall notify the International Bureau of WIPO in accordance with Rule 22 of the Common Regulations.

20. Storage of materials of the application is carried out in the expert department.

 
 

Order on record keeping activity according to the conclusion of license contracts with users for the right of use of objects of copyright and related rights, their registration, the accounting of the used works, collecting, distribution and payment of award - Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of July 7, 2014 №107

Approved by decision of the Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of July 3, 2014 № 10

 

Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of July 7, 2014 №107

Order

on record keeping activity according to the conclusion of license contracts with users for the right of use of objects of copyright and related rights, their registration, the accounting of the used works, collecting, distribution and payment of award

This Order developed in accordance with Law of the Kyrgyz Republic “On Copyright and Related Rights” and with Provision “Настоящий Порядок разработан в соответствии с Законом Кыргызской Республики “Об авторском праве и смежных правах” и Положением “On minimal rates of authors remuneration for use objects of copyright and related rights”, approved by the resolution of the Government of the Kyrgyz Republic of July 22, 2002 № 488.

I. General provisions

1. List of abbreviation

Law  – The Law of the Kyrgyz Republic “On Copyrights and Related Rights”;

Provision- Provision on minimal rates of authors remuneration for use objects of copyright and related rights, approved by resolution of the Government of the Kyrgyz republic of July 22, 2002 № 488;

Regulations – The regulations of distribution of award for use of objects of copyright and related rights approved by the order of State service of intellectual property and innovation under the Government of the Kyrgyz Republic of August 12, 2013 No. 135;

License contract – The license contract with the user for the right of use of object of copyright and related rights (for entertaining institutions, catering establishments, specialized trade enterprises; broadcasting companies, theaters, philharmonic halls, producers of soundtracks; for seasonal catering establishments and entertaining institutions);

Kyrgyzpatent – State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

Department of Copyright and Related rights – The department of copyright and related rights of the State service of intellectual property and innovation under the Government of the KR;

User  – any private and legal bodies, using objects of copyright and related rights;

Division of inspection – division of inspection at department of copyright and related rights;

Sector of objects of copyright – sector of objects of copyright of Management author’s and related rights;

Division of implementation of intellectual property rights – division of implementation of intellectual property rights of Department of the right;

Division of the right and international treaties – division of the right and international treaties of Department of the right.

II. Record keeping activity on registration licensing contracts

2. Within framework of implementation of activity of the Kyrgyzpatent according of the article 47 of the Law the inspector:

– introduce acquaints the User with the Law “About Copyright and Allied Rights” on what the leaf acquaintance (appendix 1) is formed;

– after five working days from the date of acquaintance, the inspector draws up the statement of use of objects of copyright and allied rights (appendix 2);

– in case of refusal from signing of the act of use of objects of copyright and allied rights, the inspector draws up the statement of refusal of signing of the document (appendix 3);

– sends the letter signed by the supervising head Kyrgyzpatent on need to sign the license contract within five working days from the moment of obtaining the letter;

– in case of refusal the user from the conclusion of the license contract, the inspector according to provisions of the section IV of the real Order prepares materials and reports to department of implementation of intellectual property rights for further consideration in court.

3. Conclusion of the license contract

The license contract is signed by inspectors of department of inspection in duplicate one of which is control.

The license contract signed by the inspector supervising the southern regions with the cover letter is transferred by mail to a human resources department and Kyrgyzpatent’s office-works.

On the cover letter Kyrgyzpatent’s stamp is put and the entering number and date of receipt is put down. After registration the cover letter and the license contract is transferred to Management author’s and allied rights with putting down in “The magazine of registration of license contracts” of the signature accepting and dates of reception.

4. Verification of the contents of the license contract

Verification of the contents of the license contract is carried out:

– manager of department of inspection;

– head of department author’s and allied rights;

At verification of the contents of the license contract the following is checked:

– copies of the certificate on compliance of the state registration;

– financial conditions, a procedure of payments and providing documentation where the size, percent or the fixed rate according to Situation makes a reservation;

– legal addresses and details of the parties;

– signatures of the parties.

For legal entities the signature of his head with the indication of a position has to be witnessed by the press.

For natural persons, are specified First name, middle initial, last name, signed the license contract.

In case of identification of shortcomings of registration of the license contract, the last comes back to the inspector to completion.

The control copy of the checked license contract is vised:

– inspector of department;

– manager of department of inspection;

– head of department author’s and allied rights;

5. Transfer of the license contract for registration

The department of inspection transfers to registration the license contract (in duplicate) to department of the right and international treaties. The fact of transfer is fixed in “The magazine for license contracts with users” of department of inspection.

6. Reception of the license contract for registration

The employee of department of the right and international treaties adopts from department of inspection the license contract (in duplicate) thus:

– checks existence of the visas specified in point 4 presents of the Order;

– also the signature about receiving in “The magazine for registration of license contracts with users” of department of inspection dates.

The department of the right and international treaties doesn’t adopt on registration the license contract in which there are no visas.

In department of the right and international treaties the license contract is fixed in “The magazine for registration of license contracts with users for the right of use of objects of copyright and allied rights”.

7. Registration of the license contract

Registration of the license contract is carried out within five working days from the date of its receipt votdet the right and international treaties.

The registration number including is assigned to the license contract:

– type of the contract;

– number;

– year of registration;

For example: A.2020/14, where:

And – the license contract according to copyright,

2020/-registration number of the license contract,

14 – 2014god.

The control copy of the registered license contract is vised by the manager of department of the right and international treaties, the manager of department of implementation of intellectual property rights, the employee of department of the right and international treaties registering the license contract and is signed by the supervising Kyrgyzpatent’s head with putting down of the press.

8. Transfer of the registered license contract

The control copy of the registered license contract remains in department of the right and international treaties. The second copy of the license contract is transferred to department of inspection. The fact of transfer is fixed in “The magazine for registration of license contracts with users for the right of use of objects of copyright and allied rights” of department of the right and international treaties.

9. Transfer of the license contract to the user

Transfer of the license contract to the user is carried out by department of inspection of the delivery-acceptance certificate (appendix 5). The copy of the license contract and the delivery-acceptance certificate remains in department.

10. The introduction of the license contract in force

The license contract comes into force from the date specified in the license contract.

III. A record keeping order according to the accounting of the used works, collecting, distribution and payment of award

11. Users provide to inspectors of department of inspection:

– theaters, organizers of concerts, and users of public executions – the program-raportichku and the pay sheet;

– broadcasting companies – the report on the used works and the pay sheet.

12. The inspector supervising the southern regions monthly reports to check to the manager of department of inspection the reporting documentation prepared according to requirements of the real Order.

13. The inspector checks existence in reporting documentation the following data:

In the program-raportichke:

– the name and location of a platform on which execution is carried out;

– name of group of performers;

– First name, middle initial, last name organizer of action;

– date of execution of works;

– execution genre, name of work;

– First name, middle initial, last name and nationality of authors of music and text of work;

– number of executions;

– the signature of the author of the program-raportichki with interpretation First name, middle initial, last name;

– sum of gross collecting;

– royalties rate;

– fee sum.

In the pay sheet:

– the period for which the pay sheet is submitted;

– name of the organization of payment;

– place and date place and date of action (concert, performance, etc.);

– sum of gross collecting;

– charge percent;

– royalties sum;

– First name, middle initial, last name author;

– the signature of the head and accountant of a scenic platform (organizer of action) with interpretation First name, middle initial, last name;

– payer’s press;

– First name, middle initial, last name inspectors;

– date of drawing up the pay sheet.

The report of broadcasting companies consists of the pay sheet and the report on the used works.

In the pay sheet with the payer it is filled:

– the period for which the report is submitted;

– name and bank details of the payer;

– term of payment of the present pay sheet;

– the sum which is subject to payment.

In the report on the used works by the payer it is filled:

– the name of the used pieces of music;

– First name, middle initial, last name authors;

– First name, middle initial, last name performer (or name of creative collective);

– number of executions for the reporting period;

– signatures of the head and the accountant with interpretation First name, middle initial, last name;

– press of the organization of the payer.

The format of the electronic document has to be compatible to the Microsoft Word 2007, Microsoft Office Excel 2007 format.

14. Filling of reporting documentation with Kyrgyzpatent

The inspector fills in the columns which are taken away for Kyrgyzpatent and according to requirements of Regulations puts down in programs-raportichkakh of concert and spectacular actions – shares to each author.

15. Search in databases

For check of reliability or specification of data on the used works and their authors by employees of sector of objects of copyright search in “Databases of authors and works” is run.

16. Checking of information mentioned in report documentation

At refuse of giving reports or in need of check of reliability of the data specified in reports the used works the inspector carries out the following:

– record of concert and spectacular action on audio-video the equipment with further record on CD,DVD a disk;

– verification of the data specified in the program-raportichke with the actual execution of works on concert and spectacular action.

17. Transfer of reporting documentation

Correctness of filling of the report and reliability of the data specified in it is confirmed and vised:

– inspector;

– manager of department of inspection;

– manager of sector of objects of copyright;

– head of department author’s and allied rights;

– employee of department of accounting.

The inspector of department of inspection monthly transfers the vised programs-raportichki and pay sheets of concert and spectacular actions, for distribution and charge of award to department of accounting, and also makes and transfers the summary report on the supervised objects to department of accounting.

The summary report is vised:

– inspector;

– manager of department of inspection;

– employee of department of accounting;

– chief accountant.

The report of broadcasting companies on the used works is transferred to sector of objects of copyright for drawing up annual summary reports.

18. Distribution, charge and payment of award

Department of accounting:

– accepts the programs-reports and pay sheets of theaters, philharmonic halls of concert and spectacular actions of department of inspection vised according to point 17 of the real Order;

– accepts the annual summary reports of broadcasting companies processed by sector of objects of copyright;

– distributes and charges award according to requirements of Regulations;

– pays and distributes the collected sums of award.

19. Payment of award to foreign and national authors is made once a year.

By authors request division of accounting give information on use of works.

IV. Materials need to filing the claim in judicial authorities

21.In case of refuse of conclusion of license contract division of inspectors prepare and transfer to division of implementation of the rights of intellectual property the following materials  necessary for giving about compulsion to conclude in court of the statement of claim the license contract for the right of use of objects of copyright and allied rights:

– the leaf of acquaintance with the current legislation in the field of intellectual property signed by the user;

– properly the issued act of use of objects of copyright and allied rights;

– properly the issued act of control record of use of objects of copyright and allied rights (appendix 4);

– in case of refusal the user from the signature of the act of use of objects of copyright and allied rights, the act of refusal of the signature properly issued;

– copies of the letters sent the user by the mail notification with the offer to sign the license contract with the indication of term;

– copies of certificates on the state registration of legal entity or about the state registration of the individual entrepreneur;

– the legal address, bank details (for legal entities);

– draft of the License contract (appendix 7).

– in case of possibility of submission of video, audio record of the appropriate quality confirming uses of objects of copyright and allied rights on the material carrier (a CD disk or etc.);

22. In case of non-execution by the user of conditions of the license contract the department of inspection prepares and transfers to department of implementation of intellectual property rights the following materials necessary for giving in court of the statement of claim about collecting award for use of objects of copyright and allied rights:

– copy of the license contract;

– copies of the letters sent the user by the mail notification on the offer of voluntary execution of terms of the contract on payment of award;

– calculation of the main debt and penalty fee;

– copies of certificates on the state registration of legal entity or about the state registration of the individual entrepreneur;

– the legal address, bank details (for legal entities);

– the act or other documents confirming refusal of payment of award or not execution of other points of the license contract.

 
 

Recommendations on questions of examinations of inventions - Approved by Order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of May 7, 2014 N 72

Approved by decision of the Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of  May  2, 2014 №9

 

Approved by order of State service of intellectual property and innovation under the Government of the KR of May 7, 2014 № 72

 Recommendations

on questions of examination of inventions

Introduction

Part1. Check of compliance presented the applicant of an invention formula established to requirements

1. General provisions

2. Check of the structure of form

3. Check of contents of form of invention

4. Check of a formula of the invention from the point of view of expression by it essence of the invention and bases  on the description.

5. Check of identifiability of the signs included in an invention formula

6. Check of a formula of the invention from the point of view of nature of result for which receiving the signs included in it are necessary

7. Check of correctness of use of alternative concepts for the characteristic of a sign of the invention

8. Check of implementation of the requirement according to which independent point of a formula has to belong to one invention.

Part II. Verification of the invention on compliance to a patentability condition “industrial applicability”

1. Conditions which performance is necessary for compliance of the invention to the requirement of industrial applicability

2. Verification of the indication of purpose of the declared invention

3. Check of feasibility of the declared invention

4. Features of check of realization of the appointment specified by the applicant at implementation of the invention

Part III. verification of the invention on compliance to a patentability condition “novelty”

1. Normative definition of a condition of patentability “novelty”

2. General principles of check of novelty

Part IV. Verification of the invention on compliance to a patentability condition “the inventive level”

1. Patentability condition “the inventive level”

2. Principles of check of inventive level

3. Examples of an assessment of compliance of the declared inventions to a condition of inventive level

Recommendations about examination of demands for inventions (further – recommendations) are developed for methodical ensuring process of the expertize of demands for inventions which is carried out in the conditions of action of the Law of the Kyrgyz Republic “Patent law” (further – the Law) and Rules of drawing up, giving and consideration of the demand for delivery patent for invention  approved by resolution of the Government  of the KR of October 27, 2011 № 685 (further – Rules).

Present recommendations addresses for employees of the Kyrgyzpatent (further – expert), within which competence questions of providing legal protection to inventions are.

Recommendations can be also used by authors of inventions, applicants, patent engineers, patent agents and other representatives of applicants to business management with Kyrgyzpatent, in connection with examination of the demand for the invention.

Recommendations are intended for ensuring uniform practice of examination at application of the Law and Rules.

Provisions of the present document have advisory nature.

Part I

Check of compliance presented by the applicant

invention formulas to the established requirements

1.General provision

The form of invention The formula of the invention is intended for scoping of the legal protection provided by the patent. Part 6,7 of article 24 of the Law is established that an inspection of compliance of the declared invention to conditions of patentability is carried out concerning the formula offered by the applicant. In this regard the formula of the invention has to conform to the established requirements of points 4.3.1 – 4.3.12 Rules.

Check of compliance of a formula of the invention to requirements of Rules is carried out taking into account the data opening the invention in the description, and also the data containing in equipment level and the general knowledge of the expert in the field.

In accordance with point 18.2 of Rules According to point 18.2 of Rules when carrying out formal examination of the demand observance by the applicant of requirements imposed to documents of the demand, including to an invention formula is checked.

According to point 19.2 of Rules when carrying out preliminary expert examination of the demand compliance of the invention formula presented by the applicant to requirements, shown to documents of the demand, including to an invention formula is checked.

The list of such requirements imposed to a formula of the invention which establishment of violation can be the basis for the direction to the applicant in two-month time from the date of receipt of documents of the demand of the corresponding inquiry is provided in point 19.13 of Rules. But it doesn’t mean that when carrying out preliminary expert examination the attention only to the requirements containing in this list is paid.

Existence of other violations of requirements of the Rules imposed to an invention formula can be the basis for the direction to the applicant of inquiry. Thus, when checking a formula of the invention the expert should take all requirements to a formula containing in point 4.3 of Rules which identification of non-compliance can be carried out without analysis of essence of the declared invention into account.

2. Check of structure of the Form

According to content of the point 4.3.5 of Rules point of the form shall made As appears from contents of point 4.3.5 of Rules, point of a formula can be made as with division on restrictive and distinctive speak rapidly, and without such division.

If the invention belongs to an individual chemical compound, a strain of a microorganism, the line of cages of plants and animals or to the invention which doesn’t have analogs or it is characterized in the form of application on a certain appointment, the formula is formed without allocation of distinctive signs. In other cases the applicant has the right to choose any of the structures of a formula stated above.

The formula of the invention can be stated without division of set of signs into parts and in the presence of analog of the declared invention. Thus, if in the section of the description “the equipment level” is specified by the applicant analog known to it, and the formula of the invention is made without allocation of distinctive signs, violation of requirements imposed by Rules to a formula no.

Point of a formula of the invention is stated in the form of one offer. Thus, existence, for example, in independent point of a formula of several offers should be considered as violation of the specified requirement.

At the same time, it must be kept in mind that by rules of a punctuation the office of its parts from each other is allowed by a semicolon within one offer. Therefore for such statement shouldn’t be the applicant of point of a formula of the invention of barriers.

In that case when the invention is characterized by the applicant in a multilink formula with dependent points correctness of a statement of the last is checked.

Thus it is necessary to take into account that dependent point contains only a generic term reflecting the purpose of the invention stated, as a rule, in abbreviated form in comparison with in restrictive part provided in independent point, and the link to other point of a formula, for example:

“1. Scissors for are sharp sheet material, containing…

2. The scissors according to item 1 differing in that…”

If independent point of a formula begins, for example, words “Scissors for….”, and the dependent point subordinated to it – words “The device on п…..”, the applicant should recommend to bring into accord the generic terms specified in different points of a formula proceeding from the requirement of unity of terminology.

At the same time, if other violations concerning registration of materials of the demand when carrying out formal examination it isn’t revealed, to send inquiry to the applicant only by the occasion stated above not expediently.

Checking observance by the applicant of requirements imposed to structure of a multilink formula it is necessary to pay attention how the applicant designated subordination of dependent points.

According to the subparagraph (2) of point 4.3.7 of Rules at subordination of dependent point it are specified to several points of a formula (multiple dependence) of the link to them with use of alternative, for example:

“4. Arrangement by 1 or 3 or 4

It isn’t necessary to lose sight that point of a formula with multiple dependence shouldn’t form the basis for other points of a formula with multiple dependence. For example:

“1. Way of receiving…

2. A way according to item 1…

3. A way according to item 2…

4. A way on items 2 or 3…

5. A way on items 1 or 4…”.

In the given formula the fourth dependent point is point with multiple dependence since it is subordinated directly to several points – the second and third. Inclusion in a formula of such dependent point doesn’t contradict requirements of Rules. The fifth point of the considered formula also belongs to points with multiple dependence, but among points to which this point is directly subordinated there is fourth point which itself is point with multiple dependence. Such feature of structure of a multilink formula in which point with multiple dependence (in the reviewed example – the fourth point) forms the basis for other point with multiple dependence (for the fifth point), is referred to inadmissible.

If in the formula relating to group of inventions there is dependent point in which subordination to several independent points is specified at once, violation of the requirement of the last paragraph of point 4.3.4 of Rules relating to an order of grouping of dependent points about what it is reported to the applicant takes place.

When checking the formula containing some independent points it must be kept in mind that Rules don’t contain any requirements to sequence of a statement in a formula of such points.

3. Verification of the maintenance of a formula of the invention

When checking correctness of a statement of a formula it is necessary to establish first of all, whether the instruction contains in a formula on concerning what object of the invention legal protection is asked. In order that it was possible to establish, what object is characterized in a formula, existence in it actually of the instruction directly on this or that type of object (the device, a way, substance, etc.) isn’t obligatory. There is enough that it was possible to judge belonging to concrete object of the invention according to the maintenance of a formula. If in a formula “Harvester”, or “The device for humidity measurement” is characterized, is clear that it is about the device.

It isn’t possible to establish, legal protection if the formula is presented, for example in the following look is asked for what object: “For suppression of forest fire the helicopter bearing the capacities filled with the structure suppressing a flame which can represent powder or liquid is used”.

In cases when it is impossible to reveal belonging of the declared invention to any concrete object, the applicant should suggest to submit the characteristic of the invention allowing to establish, legal protection is asked for what object.

Having established, the declared invention belongs to what object, it is necessary to define, whether signs of the corresponding look contain in a formula. To practice cases when the applicant instead of signs of the corresponding object invention are known

For each of list mentioned in point 4.2.5. of Rules, Каждому из перечней признаков, приведенных в пункте  4.2.5 Правил, the record “For the Characteristic (the Type of Object Is Given) the Following Signs Are Used, in Particular” precedes.

Therefore, the lists of the signs used for the characteristic of any object of the invention provided in Rules aren’t exhaustive. Owing to this circumstance it is considered admissible existence in an invention formula, except the signs which are directly taken from one list, signs which didn’t enter in one of lists, or the signs mentioned in other list (i.e. belonging to other, than declared, to object of the invention).

So, in a formula on the device can (except signs of actually declared device) to contain the characteristic of a product for which receiving the device is intended, for example, the device for formation of plastic covers is characterized with attraction of design features of a cover, or the characteristic of other device interaction with which will be carried out only at operation of the protected device, for example the holder of a cutter, is characterized by design features of a cutter. In a formula the interrelation of parameters of this device with parameters of the environment in which the device will function can be specified the device as a sign (the formula on a scraper for cleaning of an internal surface of the oil pipeline contains in quality of a sign interrelation of an indicator of elasticity of material of a scraper with indicators of viscosity of oil).

Owing to the reason stated above the formula on the device except signs of this device can contain signs which in character are action over material object, and therefore “belong” to a way as to object of the invention. “The device for processing of a cloth containing the heater and exhaust rolls, differing in that exhaust rolls are executed rubberized, and when heating a cloth carry out its antistatic processing”.

In the analysis of the maintenance of a formula from a position of requirements of preliminary expert examination the expert shouldn’t forget that Rules don’t contain any special restrictions on a form of expression of a sign. It can be verbal or in the form of mathematical dependence.

If it is about “a quantitative sign”, it can be expressed both as an interval of values, and as single value.

There are no barriers to such expression of a sign which in practice often mistakenly is referred to “problem definition”. For example, “the gate is executed so that to provide pass of a product only to one party”.

If such feature of performance of the gate is sufficient that (in total with other signs of the device) to receive the technical result specified by the applicant, and for such characteristic of a sign there is quite certain material equivalent, claims from examination shouldn’t be.

Rules (the subparagraph (5) of point 4.3.1) allow replacement of the characteristic of a sign with sending to the description or the drawing of the demand when without such sending the expert can’t understand the semantic maintenance of a sign.

When checking the content of the claims is necessary to identify cases replacement of feature characteristics sending to a source of information (“membrane made of a material disclosed in U.S. Patent №”). The inadmissibility of such forms of presentation attributes in the formula specified in paragraph (5) of paragraph 4.3.1 of the Rules.

If the sign of the claims are not accepted term (for example, the first “introduced” by the applicant), whereby the understanding of the semantic content of the sign on the basis of the prior art is not possible, the applicant is invited to correct the formula (based on the primary documents of the application).

When the claims contain alternative features, and in the description of the applicant states that such alternative signs provide (in conjunction with other features of the claims) different technical results, it has been a violation of the requirements of paragraph (6) of paragraph 4.3.1 of the Rules.

For example, the claim reads as follows: “Ballpoint pen comprising a body and a rod with a writing tip, characterized in that the body is transparent or through-holes.”

The specification contains a direct indication of the fact that when the transparent body is provided for visual control of fullness of the rod, and when the body is achieved with through holes pressure equalization inside and outside the housing, which provides a uniform outflow of the paste. If the description does not contain such information, the expert is not necessary to attempt to identify whether there is a violation.

When checking the claims for compliance with the requirements of the Rules, the expert determines whether its independent claim to one invention (paragraph (2) of paragraph 4.3.6 of the Rules). For example, if an independent claim of the invention begins with the words “A method of treating fabric and fabric processing device”, it already constitutes a violation of the requirements discussed.

If the invention is characterized in the multi-hop formula, containing dependent items is established, does not the content of the dependent claims to the exclusion or replacement of any sign or signs that point, which are subject to the dependent claims. For example, in the independent claim indicated that the structural member is spring biased, and in dependent in respect of the same element is said that it is rigidly fixed.

If a violation of this nature are revealed, in accordance with subsection (7) of paragraph 19.13 of the Rules, the applicant shall be invited to make an appropriate adjustment to the claims.

However, the applicant may be notified that the invention to which the formula is made up they may be submitted (in the framework of the application as filed) in various independent claims.

4. Verification of claims in terms of expressing its spirit of the invention and on the basis of the description

In accordance with paragraph 2 of Article 18 of the Law claims must express the essence of the invention and to be fully based on its description.

In establishing the fact whether the complainant expresses the essence of the invention, the formula should be guided by the following.

In accordance with subsection (1), paragraph 4.2.5 of the Rules of the essence of the invention as a technical solution is expressed in the combination of essential features sufficient to achieve the technical effect provided by the invention, and if the formula contains a combination of features, it is recognized as expressing the essence of the invention.

From this it follows that to verify compliance with this requirement the claims must be based on the analysis of application materials to determine which attributes need to be referred to essential and whether they are included in the formula to be analyzed. Signs are material if they are in a causal relationship with the technical result. Thus, the indicator of essential features is the technical result, in the aim of the invention.

Therefore, the first step in identifying the essential features of the claimed invention relates to the identification of the said technical result. To do this, first of all, the description is analyzed section “Summary of the invention”, as in accordance with the rules in this section of the description specified technical result revealed the problem to be solved by the claimed invention.

It should be emphasized that the choice to be a technical problem resolution is the prerogative of the applicant and, therefore, the nature of the technical result specified by the applicant is not subject to critical evaluation by an expert.

In this connection should not wonder what particular use can be obtained using the invention to achieve a technical result specified by the applicant.

It should be borne in mind that the applicant can solve the problems associated only with the expansion of the existing arsenal of hardware specific purpose. The

this case, the technical result is the realization of this purpose, and the question of giving some technical advantages of this facility to the applicant could not stand. When deciding on the significance of a particular trait in a case where the technical result is only in the implementation of a specific purpose, to be established whether this feature is necessary for this purpose.

To identify and better understanding of the problem solved by the applicant, and consequently, the technical result which is aimed at achieving the invention, extremely useful information can be given by the applicant in the description section “Background Art” and relating to the causes that prevented obtaining a desired technical result .

Having identified the technical result, which is aimed at achieving the claimed invention, it is necessary to establish the result of a combination of features it is. This requires knowledge of the technical field to which the claimed invention. Otherwise, identify causal relationships between the features of the invention and the technical result is not possible.

After defining a set of attributes that determine the applicant specified technical result set, if all signs of this set is contained in the analyzed claims.

In the case where it is determined that any of the features attributed to substantial expert absent in the independent claim, and is only mentioned in the description or in the dependent claim, the applicant proposes to it in the independent claim, while accompanied by an expert relevant bid arguments supporting the impact feature to achieve the technical result specified by the applicant (paragraph (2) of paragraph 19.13 of the Regulations).

When checking the formula at this stage may be a situation where any feature of the invention by the applicant only called essential without giving evidence of such approval. This fact in itself is not a basis sufficient to enter into a dialogue with the applicant. If the examiner has any technical arguments that refute the possibility of influencing the reporting feature on the technical result, or at least put it into question, the discussion of this issue with the applicant would be justified in this case would be appropriate to attract sources of information confirming the position expert.

If the judge is unable to evaluate the significance of the analyzed characteristic (for example, due to the “remoteness” of subjects or insufficient research laws in force in particular art) and the attempts of self, a deeper study of the issue of the literature did not help the expert to form an opinion, it is necessary to agree with the applicant and consider such signs as significant.

Practice shows that the claims submitted by the applicant, often includes non-essential features. If any of the following circumstances is guided by an expert.

If the formula of the invention comprises a set of essential features sufficient to obtain a technical result, and in addition contains a set of dispensable and sign the conclusion that such a formula expresses the essence of the invention is significant, because for the expression of the essence “in charge”, said a set of essential features.

Special rules prohibiting the inclusion in the formula of non-essential feature, the Rules do not contain. Therefore, in this situation the formula drawn up without breaking the requirements for it in this part of the requirements, and therefore claims to the applicant about the claims of non-essential features should not be.

At the same time, the claims of the non-essential characteristic is usually not consistent with the interests of the patent owner (if the inclusion of such a sign in the formula is not caused by opportunistic reasons and is not done by the applicant knowingly). Taking care of the interests of the applicant (as the future owner of a patent), the expert may draw his attention to this fact and the consequences with regard to the scope of which will come in the preservation of the claims nonessential attributes.

When verifying compliance with the second applicant claims arising from law lies in the fact that the formula must be fully based on the description, it is established whether the description discloses the invention defined by such claims and confirmed whether the description of the scope of legal protection defined by the claims presented.

The invention disclosed herein recognizes, first, in the case where there is a coincidence terminological concepts contained in the claims and the description.

This situation relates to the most simple, and are usually not questioned.

Not constitute an infringement of the applicant to use the reporting requirements in the claims and in the description of concepts that coincide in content but different terminology. So, in the description of the mechanism for the transmission of intermittent rotation of the applicant used the term “Maltese cross”, and in the formula he called “the Maltese mechanism” or specified in the claims “tensioning roller” in the description called “belt idler” (rarely used, the old name).

It does not exclude a situation in which the concept specified in the formula is not mentioned in the description, but fully disclosed its content. Thus one skilled in the art will appreciate (and if necessary, it may be validated information source) used in that it corresponds to formula concept such content.

For example, included in the formula the term “coaxial pipe” in the specification and without using the concept of “coaxial” indicated that the tubes are arranged one inside the other so that their axes coincide.

In such cases, the requirement on the basis of formulas describing although looks disturbed, but rather a violation can be attributed to the formal, so consider this fact as an independent subject matter of the applicant should not be.

If included in the claims are missing in the description of the concept in their literal wording and does not disclose the contents of such concepts, considered requirement is violated.

As part of the intervention requirements also checked the validity of the application used by the applicant degree of generalization characteristic trait.

Special attention from an expert requires the following situation. In the claims, use a general term, and the description contains a number of examples of the invention using a particular form of embodiment trait characterized by this concept. Moreover, all these particular forms covered by the general concept, but do not exhaust it completely.

For example, in the claims it indicated that the composition of the insulating material includes textile fiber. In the description of examples of the invention with polyamide and polyester textile fibers. In this case, you must determine whether the description information confirming sufficient criterion “textile fiber” to achieve, together with other features of the invention specified by the applicant technical result. It is clear that the correct output of the results of the check can be made only to the expert of the art to which the invention pertains.

It does not exclude a situation in which the possibility of achieving a technical result can be confirmed only by the results of the experiment. In this case, you must check whether the description of embodiments of the invention, are given at the same time whether the necessary data and, most importantly, whether they are sufficient to conclude that the possibility of reaching such a technical result not only in special cases covered by the examples given.

5. Verification of identifiability features

included in the claims

In addition to checking compliance with the requirements of the applicant, contained in the Law, an expert installs, observing the other requirements for the claims contained in the Rules. These requirements include the requirement of subparagraph (4) of paragraph 4.3.1 of the Rules, relating to the requirements of identifiability attribute, ie the ability to understand a specialist on the basis of prior art semantic content feature.

It may not be recognized by the relevant features of this requirement, characterized by the term, which became known only because of the application materials (ie not used until the priority date in any source of information).

Do not have a certain semantic content of concepts such as “the special sensor design,” “drug, with particular effects on the body” (but do not critically evaluate the formula from the point of view of the reporting requirements if it contains an entry similar to the following “device has a moisture sensor, and especially for He designed the support member “).

If any sign in the formula, the semantic content of which can not be understood by those skilled in the art on the basis of an expert in the request shall inform the applicant. The content of the request as it relates to that question will depend on the specific situation. If the sign is disclosed herein in the required extent, and therefore by adjusting the formula based on the original description of the applicant can eliminate the revealed lack of formulas in the request should draw his attention to this circumstance. In this case, it would be useful and specific recommendations of experts associated with the character correction characteristic.

In the case that the sign in the formula for which demand discussion revealed a discrepancy, not explained in the original description, and the applicant will not be able to clarify the characteristics of this character do not go beyond the initial application materials, the request this should be reflected.

If the applicant insists on retaining the wording of the claims, a sign containing the specified feature (regardless of whether or not it is disclosed in the description), it shall be accepted for further consideration, but the concept, by virtue of which a sign is recognized as not appropriate to the request, checking patentability not taken into account.

If the characteristic feature was, for example, the kind of “special design of the temperature sensor”, to test the patentability of the invention takes into account the characteristic “temperature sensor”.

It should be emphasized that the expert establishes only the fundamental possibility of understanding the semantic content of the sign of an expert. This means that there should be no claims to the applicant, if the sign is characterized so that it meets this requirement, but the terminology used by the applicant is outdated or rarely used in the specific field of technology. Although in this case, the applicant may be asked to choose a more successful edition of the claims, but the applicant’s refusal to such a proposal should not lead to negative consequences for him.

The applicant may use signs in the claims, the characteristics of which may not seem quite certain (“material temperature is maintained at about 160 deg. C,” “axis of rotation of the lever situated near the support shaft”) or signs of “discovery,” which is not possible in all aspects of the implementation the rights of the patent holder.

The latter include signs, called “external” in relation to the object to which the legal protection is requested (for example, the device is characterized by the performance of the product for which it is intended, or the performance of other devices with which it communicates only with the manual). In such cases, the examiner may notify the applicant that in the event that characterized thus patentable invention, the applicant may face difficulties in determining whether its use. However, to insist in these cases on the adjustment formula expert shall not be entitled.

If the applicant in the characteristic symptoms including a proper name or a special name (eg, “Vishnevsky ointment”, “Watt controller”), it can be saved in this way, if it does not violate the requirements of subparagraph (4) to paragraph 4.3.1 of the Rules.

In connection with the possible use of the claims of proper names or names should pay special attention to one feature of such use not directly related to the discussed requirement.

The proper name or a special name is not specified in the claims as part of the generic concept that reflects their purpose, except in cases when the facility – the closest analogue is known with the same name or a specific name. In the latter case, however, ensure that the claimed agent despite the differences from the closest analogue, unchanged compared with him so that the loss of its main features, with which professionals associated mentioned famous name or a special name.

In addition to the above, when checking the claims in terms of its compliance with the requirement

paragraph (4) of paragraph 4.3.1 of the Rules should pay attention to the fact that this requirement is aimed at understanding the semantic content included in the formula features a specialist. In this regard, no except where it may be questioned the validity of the definition of characteristics for which the scientific and technical literature referred to the unscientific, despite the fact that there has been their use in the sources included in the prior art.

So, if the claims included a sign “astral body”, the applicant can easily prove its wide use in the literature before the priority date of the claimed invention. However, the “Concise Dictionary of modern concepts and terms” (M., publishing “The Republic”, 2000, p.45) considers the term “astral body” to “field of occult concepts” clearly lying outside science and technology, and so this feature is not It can be found to meet the requirements of subparagraph (4) of paragraph 4.3.1 of the Rules.

6. Checking the claims in terms of

character results, for which

It needs to include attributes

According to subsection (2) of paragraph 19.13 of the Rules of checking the claims includes the establishment of signs necessary to obtain a technical result.

In most cases, the result of a technical nature, for the preparation of which is “responsible” or that feature (in conjunction with other symptoms) is not in doubt.

In those cases where there is doubt, a reference point for assessing the nature of the result can serve as contained in paragraph (1) of paragraph 4.2.5 of the Rules list of situations in which the achieved results are not considered to be technical.

In particular, the result is not considered to have a technical character, if it is achieved only by complying with a certain order in the exercise of certain activities on the basis of an agreement between its members, or the rules. An example of this may be a bid related to traffic management method, in accordance with which drivers must respond to a particular combination of traffic light signals.

The resulting outcome is not considered as technical when it is only in getting this or that information, and can only be achieved through the use of mathematical method, the program for electronic computers or used in its algorithm. For example, such a result is a more precise definition of the boundaries of the mineral deposit through the use of more sophisticated mathematical algorithm processing data previously obtained geological survey. We should pay attention to the observance of both of the above conditions and the presence of the word “only” in their formulation. If, for example, to more accurately determine the boundaries of the field would have to change as the process of geological survey, the situation can not be attributed to the named above.

Additionally, the results can not be considered a technical when it is only in raising and entertaining entertainment. As an example is a method of using a computer game in which the result of this kind can only be achieved due to the peculiarities of the plot of the game.

Further, the result obtained is not a technical, if it is due only to the peculiarities of the semantic content of the information provided in one form or another in any medium. Such a situation may occur, for example, if the suggested during athletics competitions at the light show display visual icons to inform viewers about another form of athletics.

Item (1), paragraph 4.2.5 Rules may include the case where the claimed invention relates to a data carrier, in particular, computer-readable, or a method of making such a carrier.

If the technical result would be seen only through the implementation of the regulations contained in the information recorded on the media, it is not considered to be related to the means embodying the invention, ie, a storage medium or preparation method thereof.

However, in respect of such computer-readable media are not always valid conclusion. If the computer readable medium (including replacement) for direct participation in the work of the technical means of running the recorded programs on the media to the computer and then the management provided a technical result, this result applies to most media. Mentioned technical means that are running the program may be computer, computer-controlled machine tool, etc.

For example, a removable computer readable medium – floppy disk – can be characterized in such a way that it is written a computer program that automatically starts when you copy files to disk and ensure that they record on the disc in the “compressed” form. This increases the amount of information recorded on the disc. The disc recorded on it thanks to a program running in this way, acquires property maintenance – increased “capacity” inherent to him. Clearly, such an outcome is technical in nature and refers to the claimed media (disk), described above provision and has the named property.

An example of where it should be done the opposite conclusion, refers to the claimed removable computer readable medium – optical disk, which recorded similar programs mentioned above in the form intended for installation on the computer’s hard drive. Technical result similar named above, after installation of the program will be achieved when the computer in relation to its hard disk. However, the inventive carrier – an optical disc having a program recorded thereon in this form, will not participate in the delivery of this result and in general will not be present in the computer. Despite the marked advantage of the recorded program on this medium, in this case the carrier is not a means in the manufacture or use of which in any way occur especially useful programs recorded therein. He is “not relevant” to the merits of the program, performing his usual function – to be a means for recording and storing information, and allow for the possibility of reading it.

Obviously, the question of whether a technical result from the use of the recorded programs on the media, to the very media as a means of embodying the claimed invention, depends entirely on the features of the program, and the last are the result of the Programme of the algorithm.

Contained in paragraph (1) of the Rules 4.2.5 a list of situations in which the achieved result is considered technical, is exemplary and not exhaustive. Therefore, when checking the claims prescribed in paragraph 19.13 of the Rules, do not forget about identifying features needed to get the result, but not a technical result. Thus, for example, can not be considered a technical result due only impression made work of art, ritual, ritual actions, etc .: the result corresponding to the destination “means a love” or “way of declaration of death of a missing person by presenting the recipient objects that this man enjoyed in the past. “

In identifying the claims include features discussed above in sections 6.1 and 6.3 of the form to the applicant to carry out adjustments to the formula recommended for expulsion from these signs. It should be explained to the applicant that such signs in accordance with paragraph 19.17 of the Rules are not taken into account when verifying compliance with the condition of inventive step of the invention, and in the case of patent grant the preservation of their claims, can lead to a narrowing of the scope of legal protection.

Specific kind of attributes needed only to get the result, is not technically a sign of having the character of verbal, visual or combined designations on the device, which is the object of the invention or the device used in the invention related to a process. For example, the claimed apparatus or method for producing a device, characterized by using signs expressing the label in plain text played back on the device as a whole or parts thereof, or a description of the image (including volume), or an indication of the nature of the text or images [” informative text (humorous or others.) content, “” the image of the animal. “]

In identifying the claims of such features, in addition to inviting the applicant to correct formula should be further to draw his attention to the possibility of coincidence or similarity of said signs them up to the point of confusion with the trademarks (service marks) or with the appellations of origin. Such marks and names can treat already registered or may be registered in the future by other persons for the same goods to the destination device or related services. In the case of the invention, it will make the rights of the patent owner and the owner of the trademark (service mark) or to the unlawful use of a registered appellation of origin.

However, it would be a mistake for any signs of “Fine” character certainly be considered necessary only for the result, not technically. You should always carefully analyze the function of the corresponding indication in terms of its influence on the result achieved in view of the above with reference to paragraph (1) of paragraph 4.2.5 of the Rules of the general meaning of the concept of “technical effect”.

For example, a test pattern can be characterized located in different areas of its field of graphic elements for a particular configuration and color lines made of a certain thickness, allowing more complete and objectively evaluate the quality of the transmission and display of the image, the nature and causes of distortion.

The apparatus for automatically sorting articles in appearance may comprise a carrier reference images sorted articles. In this case substantially corresponds to the reference image, which has a carrier device, images of products to be sorted. It does not matter how they will be perceived by human sense, to observe the work unit.

In both these examples, one can not say that the discussed features are required only for non-technical result.

7. Validation of alternative concepts for the characterization

feature of the invention

As follows from paragraph (6) of paragraph 4.3.1 of the Rules, a sign of the formula can be expressed in the form of alternative concepts. Use of alternative concepts permitted when necessary to characterize several different forms of implementing the features providing (in conjunction with other features of the invention) Preparation of the same technical result, but the overall concept encompassing such forms are missing or can not use it.

If alternative concepts used by the applicant, excluding the specified conditions (obtaining the same technical result), there is a basis for the claim that the requirement of subparagraph (2) of paragraph 4.3.6 of the Rules violated.

For example, the independent claim is presented as follows: “Air nozzle comprising a central and peripheral supply channels, characterized in that it has an insert formed from the side facing the flow streamline shape or a cylindrical recess.”

From the description of the invention should be (and when appropriate the analysis of the application materials in the sure and expert) that the presence of the nozzle insert is provided streamlined achieve a technical result, is to give the flow of annular shape, and in the presence of the insert is provided with a cylindrical recess to achieve a technical result consisting forming a counter that is necessary to mix the active flows supplied through the peripheral and center channels. If any violations of this nature applicant shall be notified and invited to correct the claims. It is helpful to draw the applicant’s attention to the fact that the discrepancy between the technical results, which “work” formula contained in the combination of features, including various alternative features, making it impossible assignment characterized by such sets of inventions to the options in accordance with clause 3.3 of the Rules. Such information would be useful in the applicant if he tries to adjust the formula to submit the invention as a group.

As part of the already submitted the applicant may remedy the situation, or excluded from the formula one “alternative” or showing that there is a common alternative for these technical result.

In practice, the possible situation in which a sign in the formula described by the three (or more) of alternative concepts, and in violation of the above conditions are used only some of them. This circumstance, the applicant should also report with a detailed analysis of the situation.

It is possible that in some cases, all contained in the formula “alternative” provides the same technical result, but each (or part) of these may provide even its additional (accompanying) technical result. This should not be seen as obstacles to the recognition of compliance with the applicant requirements for alternative grounds.

8. Verification of the requirements under

with which an independent claim must relate to one invention

When checking the claimant claims to one independent claim to be an expert to establish whether it is a single invention, as prescribed by paragraph (1) of paragraph 4.3.6 of the Rules.

An independent claim may be made up by the applicant so that it contains the features of the invention relating to different types of objects of the invention.

An independent claim is not a single invention, if it contains a characteristic set of tools, each of which has its own purpose, without implementation of said plurality of general purpose.

“Composition, comprising a scraper and water spray, characterized in that the scraper is made of hardened steel and has a water spray head with different hole diameters.”

Each of these agents in the formula (scraper and nebulizer) has a specific purpose, for the realization of which does not require the participation of other means, whereby in the formula is not any indication of the total funds for these purposes.

If the description is not the direct or indirect disclosure of the total funds for these purposes, the correct formula to address the breach in question the applicant did not succeed, and additional materials with a proposal for the introduction of new generic concepts formula reflecting this utility, should be recognized as modifying the subject matter of the claimed invention.

This situation may be remediable, if the description will include an indication, for example, that the claimed set of objects is designed to remove ice from the surface, wherein the water dispenser and the scraper can be used separately (selection means is done depending on the nature of icing) or together, for example using a first sprayer to apply warm water on the treated surface, followed by mechanical removal of the ice scraper.

Under this condition, the formula may be adjusted (based on the primary description) by presenting the characteristics of the destination, for example, as follows: “Set (objects) to remove ice from the surface.”

If it is determined that an independent claim does not relate to one invention, the applicant is informed about it and offered to adjust it so that the said violation has been eliminated. If the examiner is clear that the invention defined in the “defective” formula may constitute a group of inventions, it is advisable to give the applicant its observations in this regard.

In the case where the invention is characterized by the formula with a multilink independent claims is necessary to determine whether a formula to one invention. It should not be attributed to a breach of the requirements of a situation in which the independent claim is contained in a sign expressed through alternative concepts, and subordinate dependent claim is developing a set of symptoms that includes only one of the alternatives.

“1. A process for treating a polymer film comprising applying an antistatic coating, characterized in that before applying the antistatic coating film is subjected to heat or longitudinal stretching.

2. A method of processing a film according to claim 1, characterized in that the film is subjected to heating at a temperature of 205-250 deg. Celsius “.

Part II

Check for compliance of the invention with the patentability criterion of “industrial applicability”

1. The conditions that must be fulfilled to meet the requirement of industrial applicability of the invention

According to paragraph 6 of Article 5 of the Law: “The invention is industrially applicable if it can be used in industry, agriculture, health and other sectors of the economy.”

According to subsection (2) of paragraph 19.15 of the Rules for the recognition of the invention of industrial application requires the following set of conditions:

– The presence in the application indicate the destination of the claimed invention;

– The possibility of the invention, using the means and methods described in the application materials or sources that have become available to the public before the priority date of the invention.

2. Check the purpose of the claimed indications

invention

When checking the destination guidance, you may experience the following issues:

– Is there a general use of the invention as claimed in any of the sectors of activity, whether the applicant has indicated his appointment;

– Whether there is a real need for such purpose vehicle.

For example, the new chemical substance without specifying its purpose, utilitarian properties can not be attributed to the industrial applicability. Establishing the scope of possible use of the substance for utilitarian purposes later, when information about it become available to the public, it may be patentable invention, which can be stated in particular in the form of the invention the application for a new purpose.

A similar conclusion about the non-compliance of industrial applicability should be made with regard to a method for producing new chemical substances of unknown purpose.

As for the second question, the examination shall not be estimate the actual availability of the need for funds declared destination.

Therefore, it would be wrong, for example, the view of the impossibility to recognize the industrial applicability of the improved engine, based on the fact that the construction of new locomotives is not intended to, and previously built locomotives out of service.

If this applicant appointment is unusual, even exotic, too, should not question the industrial applicability. The inventor, propose means unusual, but they said the appointment should be encouraged for the identification of new needs at the same time creating the means to satisfy it.

Especially since there is no reason to refer to industrially inapplicable invention aimed at creating funds with an unusual combination of known features, such as stepladder – trolley bookshelf – a box for the angler.

3. Check the feasibility of the claimed invention

23. The conditions under which the invention follows directly from the definition of industrial applicability of Part 6 of Article 5 of the Law. It is further enhanced by the requirement to describe the invention contained in (paragraph 2) Paragraph 2 of Article 18 of the Law, according to which the description must disclose the invention in sufficient detail to implement it.

The basic principle of this assessment – for each of the signs must be as clear as it can be obtained material equivalent. This does not mean that such clarity should flow directly from the formula. This requirement is a requirement for description. The formula of the invention may comprise the features set forth at the level of functional generalization properties as a term covering various embodiments. Description should also confirm that for this feature are or may be related materiel. There are various options such evidence, discussed below. They are united by the approach of that second test in assessing the conditions of industrial applicability of the claimed invention is reduced to the establishment of the possibility of creating the material means of embodying the invention, not only on the basis of the information contained in the application itself, but also of all knowledge, prior to the date Priority invention.

The most clear case where the acceptable means known as such from sources published before the priority date. The application has a link to the source (or multiple sources), in which (are) for each of the features of the invention described acceptable means, either expressed symptoms so frequently used terms that such a link is not necessary (for example, it is a sign of “amplifier “but from the context it is clear that refers to the amplifier of electrical signals, the type and the parameters of which can be selected in the design).

Case is also possible, when suitable means described in the application itself. If this is a tool, which is equivalent to the material characteristic known from published sources, this case is the same as the previous one. Usually, the means described in the application itself when it is not in an acceptable form described in published before the priority date sources. Suppose that for the first time declared a hovercraft and unknown means to create it. The applicant itself has developed a tool, but considers it inappropriate to include it in the signs of independent claim characterizing the ship as a whole, since it unnecessarily limit the scope of the invention: for the vessel in substantially the whole of the air cushion, and not how it was created. Describing the design tools to create an air cushion in the initial submission of the description, the applicant confirmed the feasibility of the invention.

The next case is when an appropriate means known, but it relates to such a class, for which the rules are known and the methods by which the tool can be obtained by its requirements.

If this condition is met, the absence of the application of information about suitable means, although it is a defect of the specification, may not be the cause of recognition of the invention is not industrially applicable. In most cases, this occurs when presenting the application-level logic functional generalization, the computational and other similar units that can be synthesized by methods known before the priority date of the invention.

4. Features of the implementation of this test

Applicant purposes in the process of the invention

Positive findings of the feasibility of, the claimed invention is not sufficient to recognize its industrial application. This tool should be able to realize the purpose specified in the application. Conformity assessment of industrial applicability in terms of its component aimed at checking whether technical errors causing the non-functional device, the inability of the desired flow method, etc.

The negative output when checking the feasibility of the stated purpose vehicle, which is indicated by the applicant, may be incomplete and characteristics of the invention, ie, the absence of certain features required for implementation purposes, despite the sufficiency of information contained in the application for the invention in the form of material resources corresponding to the characteristic of the invention.

You should specifically discuss the question of the character shown by the applicant in assessing the requirements of the driven evidence. This issue is common to test as an industrial applicability, and other conditions of patentability related to the assessment of reliability of the applicant sees the properties that determine the materiality of certain features.

Despite the fact that the responsibility for the accuracy of the data presented, ultimately lies with the applicant, an expert can not be removed responsibility for their checks to the extent that is possible on the basis of known information. This means that the examiner must request the applicant of additional evidence, if available in the application does not explain the contradictions identified them with the known data, which should be specified in the request sent to the applicant. However, the expert did not have the right to demand such evidence if it is not able to substantiate its doubts references to published sources and conducted it with the use of these sources analysis of the functioning devices, flow method, etc. Such non-grounded doubts resolved in favor of the applicant.

Suppose, for example, a method for producing dyed wool and fur associated with the addition to animal feed in certain substances. No matter how questionable this proposal may seem, there is no reason to challenge the applicant’s arguments, if the expert can not bring knowledge based on the known counter-arguments (for example, that the color of hair is determined by genetic factors and is not affected by the conditions of existence).

Consider another hypothetical example. Assume that the first proposed method for magnetic recording comprising reusing the same film coated with a ferromagnetic coating.

Before reusing film demagnetize suggested, but not described in the application means for this. Known means for degaussing carrier film magnetic recording is not (these are the conditions of example). The applicant in the reply, knowing that new, it was first described in additional materials will not be taken into account when assessing industrial applicability, pointed to the well-known method of demagnetization – heating demagnetized subject to the so-called Curie point – the temperature at which the magnetic properties disappear . The expert would have to take such arguments by the applicant, if not able to justify this method inapplicable demagnetization because the film described in the application, the magnetic recording medium by heating to a temperature corresponding to the Curie point of the ferromagnetic coating is destroyed.

The foregoing should not be interpreted in such a way that if the expert, proceeding directly from the nature of the claimed invention can not be established for its implementation or the inability to implement the destination specified by the applicant (for example, a perpetual motion machine, means for providing unsupported movement through mutual displacement of its internal parts) due to contradictions recognized the fundamental laws of nature, he must also carry out a detailed analysis of functioning of the claimed subject matter. In such cases, the examiner may note the lack of industrial applicability of the claimed invention, referring to the universally recognized fundamental laws mentioned. In this situation, further debate is required to prove his innocence applicant, for which it is necessary to refute the relevant universally recognized fundamental law or prove the inadequacy of the law the conditions of use of the claimed invention. If the applicant has not presented such evidence or rebuttal expert has the right to disregard the evidence in the form of acts of testing the claimed subject matter and other similar documents.

Part III

Checking the invention under appropriate conditions

patentability of “novelty”

1. The regulatory definition of terms

patentability of “novelty”

In accordance with paragraph 2 of Article 5 of the invention it is new if it is not known from the prior art.

BACKGROUND includes any information that has become available in the world before the priority date of the invention.

In accordance with paragraph 20.6 of the Rules of the information considered public, if they are contained in the source of the information to which any person may familiarize itself or the contents of which he may be lawfully communicated.

If the source of the information meets the requirement of accessibility, it is checked whether the date on which it became publicly available, earlier than the priority date of the subject invention. To solve this issue should be guided by the provisions of subparagraph (2) of paragraph 20.6 of the Rules that determine what date should be taken into account, depending on the source of the information.

When checking the novelty in accordance with Part 7 of Article 5 of the prior art does not include sources containing publicly available information relating to the invention disclosed by the author, applicant or any person who has received from them, directly or indirectly, the information, if the application for the invention is filed Kyrgyzpatent no later than twelve months from the date of disclosure.

From this it follows that when assessing novelty of the subject invention is not taken into account made in this period of his disclosure, for example:

– In the published specification for patents granted on the application for which the composition of the applicant and / or authors, at least partially coincides with the composition of the applicant and / or authors of the subject invention;

– In a published article in the print edition, the composition of the authors of which at least partially coincides with the composition of the authors of the subject invention;

– In the exhibits placed on display, unless the data on it should be that he was exposed to the applicant (one of the applicants) and / or the author (or several persons as a sponsor) of the subject invention.

If identified from publicly available information that reveals the claimed invention does not follow that it is disclosed by the applicant (or at least one of the applicants) and / or the author (or at least one of the authors), these details are involved to bring about a possible non-compliance with conditions of patentability of the invention, in particular, the condition of novelty.

If the applicant provides evidence that the inclusion of experts in the state of the art information received from the applicant and / or inventor, ie, the following condition is specified in the above position, the following information so should not be included in the prior art with respect to the application in question.

It should be emphasized that the twelve-month period of exemption prior to the date of filing with Kyrgyzpatent and not the priority date of the invention. Therefore, in cases where the application claiming priority earlier than the date of its filing, disclosure, although less than twelve months prior to the priority date, but more than twelve months before the date of application, making it impossible to provide incentives for the disclosure of twelve Information about the invention.

2. General principles for testing of novelty

Check the novelty of the claimed invention is carried out after receiving the examination conclusion that the invention meets the condition of industrial applicability (paragraph (4) of paragraph 19.15 of the Regulations).

The invention recognizes the prior art and the relevant condition of novelty if the prior art identified funds that are inherent features identical to all the grounds contained in the proposal by the applicant claims, including a description of the destination.

When deciding about the identity of signs is necessary to analyze the content feature. This form of expression does not matter. For example, if the device feature is a geometrical form of any of its elements, the same shape can be expressed in words, mathematical relationship or graphically. The same applies to the device shown graphically (in the drawing) and described verbally, or chemical compound, featuring the character and called on chemical nomenclature, etc.

All signs known means, identical signs contained in the claims of the claimed invention should be contained in a single information source.

The wording given above requires only known means, which are inherent features identical to all the grounds contained in the proposal by the applicant

claims (including characterization purposes), but not in the presence of the source from which the known means any and all attributes in the form as they are included in the claims of the applicant. Therefore, if in a particular case can be proved that all the features of the independent claim of the claimed invention of the known means described in the identification of sources, regardless of the fullness of its properties directly in the source application of paragraph 19.16 of the Rules to deny the novelty of the invention will not be wrong.

 
 

The order of record keeping on the application for a patent for utility model - Approved by order of the State service of intellectual property and innovation under the Government of the KR of July 11, 2013 N 119

Approved by decision of the Scientific and Technical Council of the State Service of the intellectual property and  innovation of the KR of June 27, 2013 N 4

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of July 11, 2013 N 119

The Order of record keeping on the application for a patent for utility model

This Order regulates This procedure governs the sequence of processing of an application for a patent for utility model in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – Order).

1. General Provisions

1. List of abbreviations:

Kyrgyzpatent – State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

Law – Law of the Kyrgyz Republic “Patent Law”;

Regulation on Fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, the right to use appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic from June 12, 1998 № 346;

Rules – Rules for compiling, filing and consideration of an application for a patent for utility model, approved by Government Decision of October 27, 2011 № 685;

The procedure for maintaining the State Register – The order of the state register of utility models of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on _____ № ___;

Application – a package of documents, including a request for a patent, the description of the utility model, the formula of a utility model, drawings, abstract, document confirming payment of the fee;

Application – application for grant of a patent of the Kyrgyz Republic for utility model;

IPC – the International Patent Classification;

Expert department – Department of examination of inventions, utility models and industrial designs;

State Register Department – Department of state registers;

State Register – the State Register of utility models of the Kyrgyz Republic;

Archive – Archive of Kyrgyzpatent.

II. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office directly by the applicant, his representative or patent attorney or be sent by mail or by fax (followed by its presentation of the original) in electronic form on a computer readable medium (with simultaneous representation on paper) or by other means transmission.

Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted its list in the application;

– An entry in the “Journal of registration of applications for utility model”;

– Filled application form, which in the “Incoming №” affixed assigned application materials:

– Incoming number;

– The date of receipt.

For example:

Incoming number 217

Date Available 14.01.2012

On the application form stamped and stamped Kyrgyzpatent entering the application number and the date of receipt of the application.

3. The applicant is given a receipt of acceptance of the application materials of the name of the claimed utility model, the number of sheets received application materials, the incoming number and date of receipt of the application. Receipt signed by an employee of the personnel department and office.

4. In addition, the application materials received are recorded in the personnel department and office in the “Journal of registration of additional materials.” In an additional document shall bear the date of receipt.

Checking the presence of additional materials:

– The application number;

– The applicant’s signature.

5. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing a formal examination and a preliminary examination of the application in the prescribed amount, in accordance with the accounting for taxes and fees.

Receiving of the document on payment fees of applicant carrying out it provides the personnel department and office, and the registration document made for the payment of duties in the “Journal of registration of the payment of fees,” which is fixed:

– Name who has passed the document on the payment of duties;

– Base;

– The date and amount of the document on the payment of duties. After registration of the document on payment fees in After registration document on payment of fee in the “Journal registration fees”, the paper puts it, and the incoming number is transmitted to the financial and economic sector with putting in the above journal and the date of signature of the host administration.

6. The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

7. Registered in the personnel department and the office application is transferred to the expert department within days.

Upon receipt of the application expertise of the Department:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for utility model”;

– The date and signature in the said magazine;

– Details of the application are recorded in the “Journal of applications for utility model.”

8. Utility Model Application Kyrgyzpatent shall conduct formal and preliminary examination.

1. Conduct a formal examination of the application

9. A formal examination of an application shall be held within two months from the date of its filing with Kyrgyzpatent.

When checking the composition of the necessary documents expert checks:

– Applications for national or official language, issued in accordance with paragraph 4.1 of the Regulations;

– Description of the utility model in the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Formula of useful model for national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Drawings and other materials necessary for the understanding of the utility model;

– Essay on the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Document on payment of fee;

– An application for benefits to pay taxes with a copy of the document confirming the right to benefits (if any) (subparagraph (b) of paragraph 8 of section I of the Regulation on fees):

– License participant of the Great Patriotic War and persons equated to it in accordance with the legislation of the Kyrgyz Republic;

– Pension certificate;

– Certificate of medical-labor expert commission;

– A document issued by an educational institution or scientific institution;

– A document confirming the right of a non-profit organization at a reduced rate (paragraph 4 of section I of the Regulation on Fees)

– A document confirming the right of a small enterprise to a reduced rate (paragraph 5 of section I of the Regulation on Fees), indicating the number of employees (for example, a certificate from the social fund, or from the tax office or the other.);

– Power of attorney issued by the foreign applicant, the applicant of the Kyrgyz Republic, certifying authority of a patent agent, representative, or a copy of a power of attorney certified by the HR department and office work (model forms are given in Annexes 2a and 2b);

– A copy of the first application, if convention priority is claimed, which submitted no later than four months from the date of filing with Kyrgyzpatent. If the first few applications, accompanied by copies of all these applications.

The request for the establishment of conventional priority can be presented when applying for (made a mark in the appropriate column of the application) or within two months from the date of filing with Kyrgyzpatent (paragraph (3) of paragraph 3.5 of the Regulations).

10. The validity of the documents verified in accordance with the requirements specified in the Regulations:

– Request for a patent for utility model (paragraph 4.1);

– Power of attorney of a patent attorney (paragraph (2) of paragraph 3.5), the representative (paragraph 8);

– Suitability for reproduction (paragraph 7.1);

– Material used (paragraph 7.2);

– Separate sheets, sheet size (paragraph 7.3);

– Numbering of pages (item 7.4);

– Writing the text (paragraph 7.5);

– Chemical formula (paragraph 7.6);

– Mathematical formulas and symbols (item 7.7);

– Graphics (paragraph 7.8);

– Bibliographic data (paragraph 7.9).

11. Checking the claimed solution of industrial property, which shall be granted protection as utility models, made in accordance with paragraphs 3.1 and 3.2 of the Rules.

12. Date of filing the application with Kyrgyzpatent shall be the date of receipt of the documents containing:

– A declaration stating the applicant;

– A description of the utility model, or part of the description, which includes all the essential features of the claimed utility model, or drawing as an element of said description, a link to a previously filed application of any kind, provided by part 3, 6, 7, 8, 10, Article 21 of the Law.

The filing date is put in the box of the request form with the code (22).

For example:

(22) Filing Date 14-01-2012

At the same time the application is assigned a registration number – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the number “two” after the point – the symbol of the utility model.

Registration number is put in the column of the application code (21).

For example:

(21) Registration № 20120001.2

13. If in the course of the formal examination of the application found that the application is filed in violation of its design and drafting, the applicant shall request (form PM-F1) in accordance with paragraph 16.3 of the Regulations, indicating the deficiencies observed and inviting them to submit the missing or corrected documents within two months from the date of its receipt.

If the document is not required to establish a priority date request is sent immediately.

If the applicant within the prescribed period does not submit the requested documents or petition for prolongation of term of their representation in compliance with the conditions (to extend the deadline for the submission of required materials (Form of the PM-2) provided for in paragraph 14 of the Regulations, the application is deemed to be withdrawn, and the applicant notified (Form PM -F2 (P2)). In this case, the processing of the application shall be terminated and the application materials are sent to the archive expert Kyrgyzpatent.

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline (Part 3 of Article 25 of the Law), the applicant is notified (Form MP-3).

14. During the examination before making her decision on the applicant is entitled on his own initiative or at the request of examination to correct or clarify the application documents without changing the essence of the utility model.

Within two months from the date of filing of the application the applicant may clarify or correct the application materials at no additional fee is paid.

If the correction or clarification of the application materials is carried out within two months from the filing date, it is to these materials accompanied by a document confirming payment of the prescribed fee.

Correction or clarification of the application materials produced in accordance with paragraph 10 of the Rules.

15. If after filing the applicant assigns its right to obtain a patent to another person, Kyrgyzpatent served a statement containing an indication of the transfer of rights to another person, the consent of the person specified in the application and information about it under sub-paragraph (3) of paragraph 4.1 of the Rules.

The application signed by applicant giving rights for receive patent by mentioned body receiving this right according to subpoint (15) and subpoint (16) of point 4.1. of Rules.For application attached document on fees payment.

16. If the formal examination established that she filed for a solution that does not belong to the objects protected as a utility model, the applicant the decision to refuse to grant a patent (Form TM-F3), which is fixed in the “Journal of the decisions to refuse on The utility model application “expert department.

The decision to refuse a patent further reports on the applicant’s rights in the event of disagreement with the decision to refuse to grant a patent to file an objection with the Appellate Council of Kyrgyzpatent within two months from the date of receipt of the decision (paragraph 16.5 of the Regulations).

17. If the application contains all the necessary documents drawn up in accordance with the requirements of the Regulation and declared the proposal refers to the objects protected as a utility model, the applicant shall be notified of acceptance of the application for examination (Form MP-F4) from the date of its filing.

Bibliographic information requests made to the database utility models.

IV. Preliminary examination

18. If a positive result of the formal examination of an application for a utility model for the preliminary examination within ten months from the date of the preliminary examination (Part 1 of Article 23-2 of the Act).

At the request of the applicant and subject to payment of an appropriate fee can be made express preliminary examination (Part 2 st.23-2 Act).

19. Checking compliance with the content of the application documents provided by the Regulations the following items:

– Description of the utility model (para 4.2-4.9);

– Utility model formula (4.10 – 4.16);

– Drawings (paragraph 4.17);

– Essay (paragraph 4.18);

– Harmful elements (paragraph 5);

– Terminology and symbols (item 6).

20. The expert checks the correctness of the classification of the utility model, carried out by the applicant. If the IPC classification number is chosen by the applicant is wrong or it is missing, the classification utility model produces expert (paragraph 17.3 of the Regulations).

21. The establishment of priority of the utility model is carried out on the filing date of an application with Kyrgyzpatent if the application is requested by an earlier priority. Priority date is put in the “Priority” application form.

For example:

(22) Filing Date 14-01-2012

Priority 14.01.2012

22. The establishment of priority of the utility model of an earlier date than the date of filing of the application with Kyrgyzpatent, the applicant shall be subject to the conditions of establishment:

– The priority date of the application (paragraph 17.5);

– Convention priority (clause 17.6);

– The priority of the date of filing of additional material to a previously filed application (paragraph 17.7);

– The priority filing date of an earlier application (paragraph 17.8);

– The priority of a divisional application (paragraph 17.9);

– Multiple priorities (paragraph 17.10).

The following are options for filling in the boxes corresponding forms containing information on the priorities (Form PM-P3, P4-PM, PM-A5):

– In case a priority on the filing date:

     (21) Application№ 20120001.2          (22) Date of filing of the application 14.01.2012

 

Priority is established:

 

(22)By the date of filing of the application of January 14, 2012.

(23) the date of receipt of additional materials:”___” ______________ 20 __ .

(62) by the date of receive primary application № ___________________

от “___” ______________ 20 __ г.

(31) number of convention  (32) date of convention  (33)code of the country

application                                    priority                          priority

 

– the date of receipt of additional materials:

(21) Application № 20120001. (22) Date of filing of the application 14.01.2012

 

Priority is established:

 

(22)By the date of filing of the application of January 14, 2012.

(23) the date of receipt of additional materials:”___” ______________ 20 __ .

(62) by the date of receive primary application № ___________________

от “___” ______________ 20 __ г.

(31) number of convention  (32) date of convention  (33)code of the country

application                                    priority                          priority

– the date of receipt of the initial application:

      (21) Application № 20120001.2          (22) (22) Date of filing of the application 14.01.2012

 

Priority is established:

 

(22)By the date of filing of the application of January 14, 2012.

(23) the date of receipt of additional materials:”___” ______________ 20 __ .

(62) by the date of receive primary application № ___________________

от “___” ______________ 20 __ г.

(31) number of convention  (32) date of convention  (33)code of the country

application                                    priority                          priority

 

– by date convention priority is claimed:

    Application № 20120001.2          (22) (22) Date of filing of the application 14.01.2012

 

Priority is established:

 

(22)By the date of filing of the application of January 14, 2012.

(23) the date of receipt of additional materials:”___” ______________ 20 __ .

(62) by the date of receive primary application № ___________________

от “___” ______________ 20 __ г.

(31) number of convention  (32) date of convention  (33)code of the country

application                                    priority                          priority

2011128781/28                 13 декабря  2011 г.                  RU

Checking compliance with establishing priority of the utility model is made in accordance with paragraph 17.11 of the Rules.

23. The correctness of the presented formula is tested in accordance with the requirements of paragraphs 4.10-4.16 and 17.13 of the Rules.

24. At check of patentability of the claimed utility model established its compliance with the conditions of novelty and industrial applicability.

25. Check the novelty of the claimed utility model is carried out only by the following sources of information:

– The application materials submitted by the applicant;

– Inventions and utility models patented in the Kyrgyz Republic, ie registered in the corresponding public register

– Withdrawn applications for utility model and invention with an earlier priority date;

– Published Eurasian applications and patents for inventions;

For applications filed in the Kyrgyz Republic shall be treated as an application for the grant of copyright certificates and patents for inventions of the USSR who have been re-registered at Kyrgyzpatent.

Checking is carried out in accordance with the requirements of paragraphs 4.6, 17.15 and 17.23 of the Rules.

26. To verify compliance with the declared industrial model of industrial applicability is carried out in accordance with the requirements of paragraphs 4.9 and 17.16 of the Rules.

27. If the application is a utility model is characterized by multiple claims for patentability test is carried out in accordance with the requirements of paragraph 17.17 of the Rules.

28. The applicant and the third person is entitled to apply for an information retrieval on the application for a utility model for the determination of prior art, in comparison with which valuation of patentability of utility model.

In carrying out information searches search report drawn up (Form IZ, PM-00).

29. Information search is conducted on the following sources of information:

– Database of inventions and utility models registered in the registers sootvetstvuyuschihGosudarstvennyh the Kyrgyz Republic;

– Database not withdrawn applications for inventions and utility models with an earlier priority date;

– Database of published Eurasian applications and patents for inventions.

Information search is carried out in accordance with the requirements of paragraphs 17.14 and 17.15 of the Rules.

30. During the preliminary examination, the applicant may be sent the request for additional materials (Form TM-P1), including reformulated utility model, without which examination is impossible. The request is recorded in the “Journal of registration of notices, decisions and requests” of the personnel department and office.

Additional materials on request must be submitted within two months from the date of receipt of the request, and recorded in the “Journal of registration of the responses to requests” of the personnel department and office.

Check other materials carried out in accordance with paragraph 17.20 of the Rules.

If the applicant submit additional materials out of time (and these periods have been extended in accordance with paragraph 14 of the Rules (Form MP-2)), the application is deemed to be withdrawn, and the applicant notified (Form MP-F2 (P2)). According to withdraw the application further legal actions are not performed (examination of patent and the like are not produced).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline (Part 3 of Article 25 of the Law), the applicant is notified (Form MP-3).

31. On request, held a preliminary examination with a positive result, the decision to grant a patent (Form TM-P3 (PM-A5 in the accelerated examination)) with the formula suggested and agreed with the applicant. In the decision the applicant is notified of a positive result of the preliminary examination and on the establishment of the priority of the utility model (paragraph 17.21 of the Regulations).

The following are options for filling in forms solutions, which shows information on the applicant (s), author (s) and the owner (s) (Form MP-F3, F4 PM, PM-P3, P4-PM, PM-A5), for example:

– If the applicant, author, owner, different persons specified codes (71) (72) (73):

(71) The applicant (s): EK Kerimov

(72) Author (s): MB Sydykov

(73) Owner (s) of the patent Aman MN

– If the author and the applicant is the same person specified a code (75):

(75) The author (s) of the utility model, which (e) is also an applicant: EK Kerimov

(73) Owner (s) of the patent Aman MN

-in case when author and applicant is one body mention 1 code (76):

     (76) Authors of utility model who is applicant and patent owner. Amanov M.N.

32. If in result of preliminary examination established that application is not consider to Law criteria’s    If the preliminary examination established that the claimed proposal does not meet the patentability criteria established by the law, the decision to refuse to grant a patent (Form TM-P4).

33. In case of disagreement with a decision or a formal preliminary examination on the refusal to grant a patent, the applicant may, within two months from the date of receipt to file an objection to the Appeals Board. The objection shall be considered by the Appeal Board within two months from the date of its receipt (ch.14 st.23-2 Act).

In case of disagreement with the decision of the Board of Appeal the applicant may, within six months from the date of its receipt, appeal to court. (Ch.15 st.23-2 Act).

V. Conversion Application

34. In accordance with Part 2 of Article 26 of the Law of utility model application may be converted into an application for an invention by filing a petition. When you receive the application is installed, if it is presented to the decision on the request to grant a patent, and if attached to the application document on payment of the appropriate prescribed fee.

An exemplary form of the application for conversion of the application is given in Annex 3.

If it is determined that the petition is presented to meet the deadline, and presented him with a document confirming payment of the prescribed fee, the applicant shall be notified of the transformation took place (Form TM-F5).

The application, which the conversion took place, is an application for a utility model

(Paragraph 18 of the Rules).

VI. Registration, publication of the utility model application

35. In deciding whether to grant a patent for utility model expert department is preparing a decision in two copies, fix it in the “Journal of the passage of applications for utility model” and transmits to the personnel department and office, where each copy stamped with details – outgoing numbers and dates. A copy of the decision sent to the applicant and the other transmitted to the expert department. From the application materials expert department creates the file.

The file includes the following documents:

– Application;

– The second copy of the decision to grant a patent for utility model

– A description of the utility model;

– Summary of the utility model;

– Translation of the formula in the state language;

– Illustrative material;

– Copy of the document on the payment of duties;

– Applications for conducting operations in the course of the examination of the application.

Expert Division transmits a weekly application materials – file in the state registry department, fixing the fact of transmission in the “Journal registration material applications”, submitted to the Department of State Register.

36. Department of the State Register shall receive application materials.

In accordance with Article 28 of the Law after the decision to grant a patent, subject to payment of the fee for registration and grant of a patent, the state registry department is making in the State Register of utility models of the Kyrgyz Republic.

37. The document confirming payment of the fee for registration, publication and grant of a patent for utility model is represented in the personnel department and the office by the applicant within two months from the date of receipt of the decision to grant a patent for utility model, or within three months from the date of the expiration of the two-month period provided payment of an additional fee. In exceptional cases by the decision of Kyrgyzpatent said three months payment of the fee may be extended for an additional period of six months from the expiry of three months, subject to payment of a fee equivalent to twice the amount in accordance with the Regulation of Fees.

38. If the conditions of payment established by legislation duties are met, the State registry office makes a monthly basis the following information:

– Makes the registration of a utility model in the State Register of utility models according to the requirements of paragraph 1 of the Order of the State Register;

– Assigns the number of the patent in accordance with the distribution of sets of documents obtained under sections current edition of the IPC;

– Prints the registry lists;

– Transmits a set of documents and registry lists in preparation of materials management and printing.

39. Management training materials and printing produces reception sets of documents, including:

– Roster sheet useful model;

– Summary of the utility model;

– A description of the utility model;

– Translation in the official language of the formula;

– Illustrative material.

Reception of documents is carried out prior to the sixth day of every month with the fixation of the fact of reception in the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Formatting material for publication;

– Text editing;

– In case of non compliance with the official state language of the text of the formula translated into the official language;

– Coordination with the experts;

– give to consideration to authority of the Kyrgyzpatent;

– transfer of the draft of official bulletin to polygraph division.

Printing Department receives material replicates the number of official monthly newsletter.

After the publication of management training materials and printing return the application materials to the Department of State Register and published materials electronically transmits to the information technology sector to accommodate the next newsletter to the site of Kyrgyzpatent.

VII. Issuance of a patent

40. Following the publication of information on registration of a utility model in the official bulletin of the State Register Department prepares patents, which are transmitted to the personnel department and the office of the act of transmission of documents. One copy is kept in the department of public registers. Issuance of the patent is carried out by the personnel department and office.

The granted patent at the request of the patent owner shall be corrected obvious and technical errors (Article 28 of the Law).

41. A utility model patent is valid for five years from the date of filing with Kyrgyzpatent. The patent for utility model is extended by Kyrgyzpatent at the request of the owner, but no more than three years.

The request for extension of the patent shall be filed in the last two months of the fifth year of the patent.

42. The application for the extension of the patent term, drawn up in any form, is fed through the personnel department and office in the state registry department. An application for patent term extension included:

– The original utility model patents;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is submitted through a patent attorney.

43. Human Resources office and sends the document on the payment of duties in the financial and economic sector to confirm receipt of funds on account of Kyrgyzpatent and other documents to the Department of State Register.

44. The financial and economic sector checks the document on the payment of duties and transfers it to the Department of State Register. Document review is made within one month from the date of receipt of the documents by Kyrgyzpatent.

Department of the State Register shall enter the information on the extension of registration in the State Register in accordance with the requirements of the Order of the State Register of Annex 2, Chapter 2, paragraph 5. Documents to extend the term of the invested in the application materials.

45. Date of entry in the State Register of additions to extend the term of a patent shall be the date of receipt of documents by Kyrgyzpatent, or date of receipt of the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the owner of the utility model is sent to the appropriate request.

The validity of the registration of a patent shall not be extended if the requirements are not met, and if the owner of the utility model has not submitted the missing or corrected documents before the expiration of two months from the date of receipt of the request, or six months after the termination of the registration, depending on which time limit expires later.

Extension of the patent for utility model is recorded in the State Register of utility models and is reflected in the additional sheet to the patent, which is sent to the applicant. A copy of the additional sheet is embedded in the application materials.

46. Information on the extension of the patent for utility model is published in the official bulletin of Kyrgyzpatent within one month from the date of entry into the State Register entries on the extension of the patent for utility model.

47. Amendments to the registration of a utility model is carried out in accordance with the requirements of the Department of State Register of Order of the State Register, within one month from the date of receipt of the documents to amend Annex 2 Chapter 2.

48. Changes in the utility model application shall be made on the basis of the owner of the utility model.

The application to amend the registration of registration in any form shall be attached:

– The original utility model patents;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney.

49. Information about the changes made to the registration of a utility model is published in the official bulletin of Kyrgyzpatent within one month from the date of entry into the State Register of the record.

VIII. Material Storage applications for utility models

50. An application deemed to be withdrawn due to failure to submit additional materials, after sending the notification to the applicant for recognition of it as such, fixed by an expert in the “Journal of the transfer of utility model applications in the archives” and within three months transferred to the archive.

In the case of an applicant’s request for reinstatement deadline for application materials memo expert returned to the expert department.

51. Application to the decision to refuse to grant a patent expert is fixed in the “Journal of transmission of applications for utility models in the archives” and within three months transferred to the archive.

If applicant disagrees with the decision of the examination the applicant may file an objection to the decision to refuse to grant a patent for utility model, the Appeal Board under Kyrgyzpatent. In the case of an applicant for such objection application materials from the expert department issued the Secretary of the Appeals Board.

If you cancel the examination decision the Board of Appeal to refuse to grant a patent for utility model application documents are transmitted to the advisory department for reconsideration. In the case of the decision of the Appeals Board on leaving the examination decision in force, the application materials are returned expert department, then transferred to the archives.

In case of the applicant’s claim in the court of the application materials from the archives issued

Kyrgyzpatent representative in court.

 

 
 

The Order on record keeping on application patent for invention - Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of July 11, 2013 № 119

Approved by decision of Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of June 27, 2013 № 4

 

Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of July 11, 2013 № 119

The Order

On record keeping on application patent for invention

Present Order regulates The procedure regulates the sequence of processing of an application for a patent for the invention of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – the Order).

1. General provisions

2.List of abbreviators:

Kyrgyzpatent – The State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

Law – Law of the Kyrgyz Republic “Patent Law”;

Provision on fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, the right to use appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic from June 12, 1998 № 346;

Rules – Rules Rules for compiling, filing and consideration of an application for a patent for invention, approved by Government Decision of October 27, 2011 № 685;

The procedure for maintaining the State Register – Order of the State register of inventions of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

Order to the treatment of taxes and fees in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approving by order of the Chairman of the Kyrgyzpatent _____   № ___;

FIID – Federal Institute of industrial design of Federal Service on intellectual property, patents and trademarks;

IPC – International Patent Classification;

Application – a package of documents, including a statement of grant of a patent, the description, claims, drawings and other materials, the abstract, the document on the payment of duties;

Application – application for grant of a patent for the invention of the Kyrgyz Republic;

Expert department – Department of examination of inventions, utility models and industrial designs;

State Register Department – Department of state registers;

State Register – the State Register of Inventions of the Kyrgyz Republic;

Archive – Archive of Kyrgyzpatent.

II. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office directly by the applicant, his representative or patent attorney or be sent by mail or by fax (followed by its presentation of the original) in electronic form on a computer readable medium (with simultaneous representation on paper) or through other transmission means.

Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted its list in the application;

– An entry in the “Journal of registration of applications for invention”;

– Filled application form, which in the “Incoming №” affixed assigned application materials:

– Incoming number;

– The date of receipt.

For example:

Incoming number 2685

Date Available 19.04. 2012

On the application form stamped and stamped Kyrgyzpatent entering the application number and the date of receipt of the application.

The applicant is given a receipt of acceptance of the application materials of the name of the claimed invention, the number of sheets made of materials, the incoming number and date of receipt of the application. Receipt signed by an employee of the personnel department and office.

3. In addition, the application materials received are recorded in the personnel department and office in the “Journal of registration of additional materials.” In an additional document shall bear the date of its receipt.

Checking the presence of additional materials:

– The application number;

– The applicant’s signature.

4. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing a formal examination and a preliminary examination of the application in the prescribed amount. Document on payment of fee is a receipt of the bank having the stamp of the bank for the payment of, or an extract of the entry fee to the account of Kyrgyzpatent.

Acceptance of the document on the payment of fees by the applicant carries out the personnel department and office, is produced at the same time:

– registration document for the payment of duties in the register in which the payment of fees is fixed:

– Name who has passed the document on the payment of duties;

– The basis of the document;

– The date and amount of the document on the payment of duties.

After the registration document for the payment of duties in the journal, the document is stamped Kyrgyzpatent and transferred to the financial and economic sector with putting in the above journal and the date of signature of the host administration.

5. The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

6. Registered in the personnel department and records management application materials are sent to the invention the leading expert of the special regime of the personnel department and office to check on the content of information constituting state secrets, after which the application is transmitted to the expert department within days.

Upon receipt of the application expertise of the Department:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for invention”;

– The date and signature in the said magazine;

– Details of the application are recorded in the “Journal of applications for invention.”

7. In accordance with paragraph 2 of Article 23 of the Law in conjunction with the application or within thirty months from the date of its submission by the applicant may be filed an application for a patent with the conduct of substantive examination or without examination on the essence (model form provided in Appendix 1).

The request is recorded by the personnel department and office in the “Journal of the received applications for grant of a patent” and transferred to the expert department.

If an application is not submitted within the specified time the application is considered withdrawn and the applicant is notified (Form OF-F2 (P2, NT2)). The deadline for the application is not extended or renewed.

8. patent application Kyrgyzpatent shall conduct formal, preliminary examination and examination of the merits.

III. Conducting a formal examination of the application

9. The formal examination is carried out within two months from the date of filing of the application to Kyrgyzpatent.

Checks for:

– Applications for national or official language, issued in accordance with paragraph 4.1 of the Regulations;

– Description of the invention in the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Claims on the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Drawings and other materials necessary for the understanding of the invention;

– Essay on the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– Document on payment of fee;

– An application for benefits to pay taxes with a copy of the document confirming the right to benefits (if any) (subparagraph (b) of paragraph 8 of section I of the Regulation on fees):

– License participant of the Great Patriotic War and persons equated to it in accordance with the legislation of the Kyrgyz Republic;

– Pension certificate;

– Certificate of medical-labor expert commission;

– A document issued by an educational institution or scientific institution;

– A document confirming the right of a non-profit organization at a reduced rate (paragraph 4 of section I of the Regulation on Fees);

– A document confirming the right of a small enterprise to a reduced rate (paragraph 5 of section I of the Regulation on Fees), indicating the number of employees (for example, a certificate from the social fund, or from the tax office or the other.);

– Power of attorney issued by the foreign applicant, the applicant of the Kyrgyz Republic, certifying authority of a patent agent, representative, or a copy of a power of attorney certified by the HR department and office work (model forms are given in Annexes 2a and 2b);

– A copy of the first application, if convention priority is claimed, which submitted no later than four months from the date of filing with Kyrgyzpatent. If the first few applications, accompanied by copies of all these applications.

The request for the establishment of conventional priority can be presented when applying for (made a mark in the appropriate column of the application) or within two months from the date of filing with Kyrgyzpatent (paragraph (3) of paragraph 3.5 of the Regulations).

10. The validity of the documents verified in accordance with the requirements specified in the Regulations:

– Request for a patent for the invention (item 4.1);

– Power of attorney of a patent attorney (paragraph (2) of paragraph 3.5), the representative (paragraph (8);

– Suitability for reproduction (paragraph 7.1);

– Material used (paragraph 7.2);

– Separate sheets, sheet size (paragraph 7.3);

– Numbering of pages (item 7.4);

– Writing the text (paragraph 7.5);

– Chemical formula (paragraph 7.6);

– Mathematical formulas and symbols (item 7.7);

– Graphics (paragraph 7.8);

– Bibliographic data (paragraph 7.9).

11. Checking the solution claimed aspects of the invention, produced according to paragraphs 3.1 and 3.2 of the Rules.

12. Date of filing the application with Kyrgyzpatent shall be the date of receipt of the documents containing:

– A declaration stating the applicant;

– Description of the invention, a part of the specification, including all of the essential features of the claimed invention, or drawing as an element of said description, a link to a previously filed application of any kind, provided by part 3, 6, 7, 8, 10, Article 21 of the Law.

The filing date is put in the box of the request form with the code (22).

For example:

(22) Filing Date 19-04-2012

At the same time the application is assigned a registration number – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the figure “one” after a point – the symbol of the invention.

Registration number is put in the column of the application code (21).

For example:

(21) Registration № 20120042.1

13. If in the course of the formal examination of the application found that the application is filed in violation of the requirements for design and drafting, the applicant shall request (Form OF-F1) in accordance with paragraph 18.3 of the Rules, indicating the deficiencies observed and inviting them to submit the corrected or missing materials within two months from the date of its receipt.

If the document is not necessary for the filing date, the request is sent immediately.

14. If the applicant within the prescribed period does not submit the requested documents or petition for prolongation of term of their representation in compliance with the conditions (to extend the deadline for the submission of required materials (Form IZ-2) provided for in paragraph 15 of the Regulations, the application is deemed to be withdrawn, and the applicant notified ( Form OF-F2 (P2, NT2)). In this case, the processing of the application shall be terminated and the application materials are sent to the archive Kyrgyzpatent expert (paragraph 18.3 of the Regulations).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules. What the applicant is notified (Form OF-3).

Prosecution of the application may be continued in the event of recovery Kyrgyzpatent missed deadline (paragraph 16 of the Regulations).

15. During the examination before making her decision on the applicant is entitled on his own initiative or at the request of examination to correct or clarify the application documents without changing the essence of the invention.

Within two months from the date of filing of the application the applicant may clarify or correct materials of the application without additional payment.

If the correction or 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.

Correction and clarification of the application materials shall be in accordance with paragraph 10 of the Rules.

16. If after filing the applicant assigns its right to obtain a patent to another person, Kyrgyzpatent served a statement containing an indication of the transfer of rights to another person, the consent of the person specified in the application and information about it provided (paragraph (3) of paragraph 4.1 of Regulation ).

The statement signed by the applicant, assigns the right to receive a patent, and said the person acquiring a right in the manner prescribed in subparagraphs (15) and (16) of paragraph 4.1 of the Rules. The application shall be accompanied by a document confirming payment of fees (paragraph 11 of the Rules).

17. Procedure for determining the secrecy of inventions and examination of applications for secret inventions governed by the Regulations of office work on the application for a patent for a secret invention.

18. If the formal examination established that she filed for a solution that does not belong to the objects protected as inventions (Part 8, Part 9 of Article 5 of the Law), the applicant the decision to refuse to grant a patent (Form OF-F4 ) which is recorded in the “Journal of the decisions to refuse the applications for invention” expert department.

19. In the event of disagreement with the decision of the examination on the refusal to grant a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board (paragraph 18.5 of the Regulations).

The appeal shall be examined by the Appellate Council during four months from the date of its receipt.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of its receipt, appeal to the court (part 15 of article 23-2 of the Law).

20. If the application contains all the necessary documents drawn up in accordance with the requirements of the Regulation and declared the proposal refers to the objects protected as an invention, the applicant shall be notified of the acceptance of the application for review, with the date of filing of the application (Form OF-F5).

Bibliographic information requests made to the database inventions.

IV. A preliminary examination of the application

21. The preliminary examination is carried out with a positive result of the formal examination within ten months from the date of the preliminary examination.

On petition of applicant At the request of the applicant and subject to payment of an appropriate fee can be made express preliminary examination (Part 2 of Article 23-2 of the Act).

22. Checking compliance with the content of the application documents provided by the Regulations the following items:

– Description of the invention (item 4.2);

– Claims (paragraph 4.3);

– Drawings and other material (paragraph 4.4);

– Essay (paragraph 4.5);

– Harmful elements (paragraph 5);

– Terminology and symbols (item 6).

23. The correctness of the classification of the invention, carried out by the applicant is checked against the IPC. If the class number is chosen by the applicant is wrong or it is missing, the classification of the invention produces an expert (paragraph 19.3 of the Regulations).

24. The establishment of priority of the invention is carried out on the filing date of an application with Kyrgyzpatent if the application is requested by an earlier priority.

Priority date is put in the “Priority” application form.

Example:

(22) Date of filing      19.04.2012

Priority           19.04.2012

25. Establishment of the invention claimed priority date earlier than the date of filing with Kyrgyzpatent by the applicant shall be subject to the conditions of the establishment:

– convention priority(point 19.6);

– the priority date of filing additional material to a previously filed application (paragraph 19.7);

– The priority filing date of an earlier application by the same applicant (paragraph 19.8);

– The priority of a divisional application (paragraph 19.9);

– Multiple priorities (paragraph 19.10).

The following are options for filling in the boxes corresponding forms containing information on the priorities (Forms ИЗ-П3, ИЗ-П4, ИЗ-П5, ИЗ-П6, ИЗ-НТ3, ИЗ-НТ4):

 

21) Application № 20120042.1 (22) Date of filing application 19.04.2012

 

Priority is established:

(22) on the filing date of April 19, 2012

(23) the date of receipt of additional materials from the “_” ___ of 20 _

(62) the date of receipt of the initial application number ____________________

from “____” _______________ __ 20 g

(31) the number of the Convention’s (32) the date the convention (33) country code

Priority application Priority

 

– The date of receipt of additional materials:

(21) Application № 20120042.1 (22) Filing Date 19-04-2012

 

Priority is set:

(22) on the date of filing of the “___” ____________ __ 20 g

(23) the date of receipt of additional materials by June 15, 2012

(62) the date of receipt of the initial application number ____________________

from “____” _______________ __ 20

(31) the number of the Convention’s (32) the date the convention (33) country code

Priority application Priority

(21) Application № 20120042.1                              (22) Date of filing of the application 19.04.2012

Priority is set:

(22) By the date of filing of the

“___” ____________ 20 __ г.

(23) the date of receipt of additional materials by “_” ___ 20 _ .

(62) the date of receipt of primary application № 20120002.1

Of January 6, 2012

(31) N of convention application    (32) date of convention priority          (33) code of the country

 

 

– Verification of compliance with the establishment of priority of the invention is carried out in accordance with paragraph 19.11 of the Rules.

26. Compliance with the requirements of unity of invention is tested in relation to the original claims, having a plurality of independent claims, or if it is changed – in relation to the latter, offered by the applicant in the prescribed manner to the formula that has multiple independent claims.

Checking is carried out in accordance with the requirements of paragraphs 3.3 and 19.12 of the Rules.

27. The correctness of the presented formula is tested in accordance with the requirements of paragraphs 4.3 and 19.13 of the Rules.

28. During the examination (both pre-and in essence) the applicant may be sent the request for additional materials (Form OF-P1 (HT1)), including amended claims, without which examination is impossible. The request is recorded in the “Journal of registration of notices, decisions and requests” of the personnel department and office.

Additional materials on request must be submitted within two months from the date of receipt of the request, and recorded in the “Journal of registration of the responses to requests” of the personnel department and office.

Driven to seek the views of expertise on any subject is supported by arguments of a technical or legal nature. If necessary, provides links to sources of information, the provisions of the laws, regulations and other regulatory documents.

The request can be sent to the applicant as many times as is necessary for the consideration of the application (paragraph 19.19 of the Regulations).

Check other submissions requested by the examiner or by the applicant’s initiative, carried out in accordance with paragraph 21 of the Rules.

If the applicant submit additional materials out of time (and these periods have been extended in accordance with paragraph 15 of the Rules (Form IZ-2)), the application is deemed to be withdrawn, and the applicant notified (Form OF-F2 (P2, NT2)). According to withdraw the application further legal actions are not performed (examination of patent and the like are not produced).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules, the applicant is notified (Form OF-3).

29. At check of patentability of the claimed invention, carried out at the stage of preliminary examination established its compliance with the terms of industrial applicability, novelty and inventive step (Part 1 of Article 23-2 of the Act).

30. Checking the claimed invention of industrial applicability is conducted in accordance with the requirements of paragraphs 6 and 4. 2. Regulation 19.15.

31. Check the novelty of the claimed invention is carried out only by the following sources of information:

– The application materials submitted by the applicant at the time of completion of the formal examination;

– Inventions and utility models patented in the Kyrgyz Republic, ie registered in the corresponding state register;

– Published Eurasian applications and patents;

– Withdrawn applications for inventions and utility models with an earlier priority date.

For applications filed in the Kyrgyz Republic shall be treated as an application for the grant of copyright certificates and patents for inventions of the USSR who have been re-registered at Kyrgyzpatent.

Checking is carried out in accordance with the requirements of paragraphs 4.2.4, 19.16 and 22 of the Rules.

32. Testing of inventive step of the claimed invention include:

– Identification of the closest prior art based on the application submitted by the applicant;

– Identification of characteristics which distinguish the claimed invention from the closest analogue (distinctive features);

– Identifying solutions to fund issued before the priority date of the Kyrgyz Republic security documents for inventions and utility models, as well as published Eurasian applications and patents.

Check is carry out according requests of points 4.2.5.and 19/17 Rules.

33. Information search carrying out by following information:

– in database of the inventions and utility models registered  in State register of the KR;

– in database database not withdrawn applications for inventions and utility models with an earlier priority date;

– Database of published Eurasian applications and patents for inventions.

In carrying out information searches search report drawn up (Form IZ, PM-00).

Information search is conducted in accordance with the requirements of Regulation 19.16.

34. On request, held a preliminary examination with a positive result in the presence of an application for patent grant without examination on the essence, the decision to grant a patent (Form OF-P3 (Because of P6 in the accelerated examination)), the claims proposed and agreed with the applicant, which is fixed in the “Journal of registration of notices, decisions and requests” of the personnel department and office.

On request, held a preliminary examination with a positive result, if there is a request for substantive examination, 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 (Form OF-P4 ). The decision and the notification of the applicant shall be notified of the establishment of priority of the invention, which is fixed in the “Journal of registration of notices, decisions and requests” of the personnel department and office.

The following are options for filling in the forms of solutions, which shows information on the applicant (s) authors and owners. example:

– if the applicant, author, owner, various persons indicated Codes (71), (72), (73)

(71) Applicant(s): Kerimov E.K.

(72) Author(s): Sydykov M.B.

(73) Owner(s) of the patent: Amanov М.N.

– if the author and the applicant is the same person specified one code (75)

(75) Authors of the invention who is also applicant Kerimov E.K.

(73) Patent owners: Amanov М.N.

– if the author, the applicant and the patent owner is the same person, the same code is indicated (76)

 Author (s) of the invention, which (e) is also the applicant and the patent owner:

Amanov  M.N.

35. In establishing the inconsistency of the claimed invention at least one of the conditions of patentability as defined by Paragraph 1 of Article 23-2 of the Law, the decision to refuse to grant a patent (Form OF-P5) with reduction of corresponding bases.

In presenting the grounds for the decision to refuse to grant a patent required conditions are: the proof of the consistency, consistency in presentation, argumentation output. Not allowed emphasized categorical conclusions and Dixit, rejecting reasonable arguments and evidence.

36. In the event of disagreement with the decision to refuse to grant a patent, the applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

The objection shall be considered by the Appeal Board within two months from the date of its receipt (article 23-2 of the Law of 14).

In case of disagreement with the decision of the Board of Appeal the applicant may, within six months from the date of its receipt, appeal to the court (part 15 of article 23-2 of the Law).

37. At the end of eighteen months from the date of filing or, if priority is claimed, from the priority date Kyrgyzpatent publishes data on application in the Official Gazette, unless the application is withdrawn or on its decision to grant a

patent or to refuse to grant a patent.

V. Implementation of substantive examination

38. Terms of substantive examination are given in paragraph 20.1 of the Rules.

On request, held a preliminary examination with a positive result, if the request of the applicant or a third party, Kyrgyzpatent within eighteen months from the date of submission of the application shall examine the application on the merits. The petition may be filed simultaneously with the filing of the application or within thirty months from the date of its filing with Kyrgyzpatent (Part 2 of Article 23 of the Law). If an application is received from third parties, the applicant is notified. At the request of an instrument of payment of the fee for substantive examination.

39. During the examination on the essence compliance of the claimed invention to conditions of patentability specified in Article 5 of the Law:

– Industrial applicability (paragraph 20.3);

– Novelty (item 20.9);

– Inventive step (paragraph 20.10).

Checks are made in the amount claimed, the patent as defined by the formula proposed by the applicant in the original application materials or in additional materials taken into account when considering the application.

40. To determine the state of the art in comparison with which the expert evaluates the patentability of the invention, an information search. Information retrieval can be carried out at the request of the applicant or third parties.

Information search in the substantive examination carried out by FIPS contract. In some cases, if necessary, it can be requested examination of patent application.

When conducting an information search or examination expert department sends the order to the FIPS, indicating the title of the invention, the applicant country.

Upon receipt of the order directs FIPS Kyrgyzpatent payment order specifying the amount of the payment for the conduct of information search and (or) expertise. Consistency and validation of payment at Kyrgyzpatent carried out according to the requirements of the accounting for fees.

Furher FIIP transfer 2 copies of the materials of the application with payment documents.

By the results of FIIP concerning conditions of conclude contract gives to Kyrgyzpatent report on search or conclusion of examination.

41. If as a result of scientific and technical examination on the essence of Experts found that the claimed invention DEMANDED scope of legal protection the applicant meets the conditions of patentability as defined in Article 5 of the Act, the decision to grant a patent (Form OF-HT 3) the claims proposed and agreed with the applicant (paragraph 12 of the Rules 20.).

42. 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 (Form OF-HT4) with reduction of corresponding reasons (paragraph 20.13 of the Regulations).

43. The applicant may submit to the Board of Appeals of Kyrgyzpatent objection to the decision to refuse to issue 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 upon payment of the appropriate fee (part 8 of Article 24 of the Law).

If applicant disagrees with the decision of the Appeals Board, he may, within six months from the date of its receipt, appeal to the court (part 9 of Article 24 of the Law).

VI. Conversion Application

44. In accordance with Article 26 of the Act the applicant may convert an invention into an application for utility model by filing a declaration to the publication of an application for an invention, but not later than the date of receipt of the decision to grant a patent.

When you receive a statement of such a transformation is verified the correctness of its registration in accordance with paragraph 9 of the Rules, as well as established, whether it is presented to the publication of an application for an invention and submitted together with the application a document confirming payment of the prescribed fee.

An exemplary form of the application for conversion of the application is given in Annex 3.

If it is determined that the petition is presented to meet the deadline, and presented him with a document confirming payment of the prescribed fee, the applicant shall be notified of the transformation took place (Form OF-1).

The application, which the conversion took place, is an application for the invention (paragraph 23 of the Rules).

1. Register, the publication of the application materials of the invention

45. In deciding whether to grant a patent for the invention of expert department is preparing a decision in two copies, fix it in the appropriate register of the expert department and submitted to the personnel department and office, where each copy stamped with details – the outgoing number and date. A copy of the decision sent to the applicant and the other transmitted to the expert department.

From application materials examining division forms file.

File conclude next documents:

– application;

– second copy of decision on patent issue;

– description of invention;

– report of invention;

– illustrative material;

– copies of the document on payment fees;

– applications for carrying out actions in the course of the examination of the application.

Expert Division transmits a weekly application materials – file in the state registry department, fixing the fact of transmission in the “Journal registration material applications for inventions submitted to the Department of State Register”.

46. Department of the State Register shall receive application materials.

In accordance with Article 28 of the Law after the decision to grant a patent, subject to payment of the fee for registration, publication and patent office makes public registers in the State Register of Inventions of the Kyrgyz Republic of the invention.

47. The document confirming payment of the fee for registration, publication and grant of a patent for the invention is represented in the personnel department and the office by the applicant within two months from the date of receipt of the decision to grant a patent for an invention or within three months from the date of the expiration of the two-month period subject to payment of an additional duties. In exceptional cases by the decision of Kyrgyzpatent said three months payment of the fee may be extended for an additional period of six months from the expiry of three months, subject to payment of a fee equivalent to twice the amount in accordance with the Regulation of Fees.

48. If the conditions of payment established by legislation duties are met, the State registry office prior to the sixth day of each month to make monthly following information:

– Makes the registration of the invention in the State Register of inventions according to the requirements of paragraph 1 of the Order of the State Register;

– Makes distribution of kits produced documents on topics current edition of the IPC;

– Assigns the number of the patent;

– Prints the registry lists;

– Transmits a set of documents and registry lists in preparation of materials management and printing.

49 Management training materials and printing produces reception sets of documents, including:

– Roster sheet of the invention;

– Abstract of the invention;

– description of the invention;

– illustrative material.

Reception of documents is carried out prior to the sixth day of every month with the fixation of the fact of reception in the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Formatting material for publication;

– Text editing;

– In case of non compliance with the official state language of the text of the formula translated into the official language;

– Coordination with the experts;

– Submission to the leadership of Kyrgyzpatent;

– The transfer of the layout of the official bulletin in graphic arts department.

Printing Department receives material replicates the number of official monthly newsletter.

After the publication of management training materials and printing return the application materials to the Department of State Register and published materials electronically transmits to the information technology sector to accommodate the next bulletin on the official site of Kyrgyzpatent.

VIII. Issuance of a patent

50. After the publication of information on the registration of the invention in the official gazette the state registry department prepares patents, which are transferred to the personnel department and the office of the act of transfer of documents. One copy is kept in the department of public registers. Issuance of the patent is carried out by the personnel department and office.

The granted patent at the request of the patent owner shall be corrected obvious and technical errors (Article 28 of the Law).

51. Amendments to the registration department of the State Register of the invention is carried out according to the requirements of the Procedure of conducting the State Register of Annex 1, paragraph 2, within a month from the date of receipt of the documents on amendments.

52. Changes to the registration of the invention, based on the application of the owner of the invention.

The application to amend the registration of registration in any form shall be attached:

– The original patent for the invention;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney or representative.

53. Human resources and office sends the documents to amend the Department of State Register, a document confirming payment of fee transfers to the financial and economic sector to confirm the receipt of funds on account of Kyrgyzpatent.

54. The financial and economic sector checks the document on payment

duties and sends a copy to the Department of State Register. Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

55. Department of the State Register shall enter the information about the change in the registration of the invention in the State Register in accordance with the requirements of the Order of conducting the State Register Annex 1.

Date of information in the State Register of a change in registration shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 52 of this Order or the date of receipt of the last of them, if they were not present at the same time.

56. Information about the changes made to the registration of invention published in the Official Bulletin of Kyrgyzpatent within one month from the date of entry into the State Register of the record.

IX. Storing applications for inventions

57. Storage application deemed to be withdrawn due to failure to submit additional materials.

An application deemed to be withdrawn due to failure to submit additional materials, after sending the notification to the applicant for recognition of it as such, is fixed by the expert in the journal for the transmission of applications for invention in the archive and in the three months transferred to the archive.

In the case of an applicant’s request for reinstatement deadline for application materials memo expert returned to the expert department.

58. An application deemed to be withdrawn due to failure to submit an application for a patent with or without examination on the merits, after sending the notification to the applicant for recognition of it as such, fixed by an expert in the “Journal of the transmission of applications for invention to the archive” and for three months It transferred to the long-term storage archive.

59. Application to the decision to refuse to grant a patent expert is fixed in the “Journal for the transmission of applications for inventions in the archives” and within three months shall be deposited in the archives.

If applicant disagrees with the decision of the examination the applicant may file an objection to the decision to refuse to grant a patent for the invention of the Appeal Board under Kyrgyzpatent. In the case of an applicant for such objection application materials from the expert department issued the Secretary of the Appeals Board.

If you cancel the examination decision the Board of Appeal to refuse to grant a patent for the invention of the application materials are sent to the advisory department for reconsideration. In the case of the decision of the Appeals Board on leaving the examination decision in force, the application materials are returned to the expert department and then transferred to the archives.

In case of the applicant’s claim in the court of the application materials from the archives of the outstanding representatives of Kyrgyzpatent in court.

If the court’s decision to cancel the decision ekspertizymaterialy applications are transferred to the expert department for reconsideration. If the court’s decision on the abandonment of solutions expertise in the power of the application materials are returned to the long-term storage archive.

60. In the case of non-payment by the applicant of the registration fee, the publication and a patent for the invention, the state registry department monthly reports to the archive materials of the application recorded in the “Journal of the transfer of applications to the archive.”

61. In the case of non-payment of fees for maintaining the patent in force for a period of eighteen months from the date of expiry of the deadline for payment of fees the patent terminates the application materials are transferred to the long-term storage archive.

In the case of the owner of the patent application for its termination, if a failure does not violate the interests of third parties, the patent is terminated. Department of State Register on the basis of the request, shall enter the information on the termination of the patent in the State Register. The statement attached to the application materials that are transferred to long-term storage archive.

In the event of termination of the patent due to the expiration of its term application materials are transferred to the long-term storage archive.

62. In the case of a third party objections to the Appeals Board of the invalidation of the patent in accordance with Article 31 of the Law, the application materials are given the Secretary of the Appeals Board.

In the case of issuance by the Appeal Board decision on invalidation of a patent application materials are returned to the Department of State Register.

In the case of filing a lawsuit in a court application materials issued by the representative of Kyrgyzpatent in court.

If the court’s decision on the invalidation of a patent, the application of these materials are transferred to the long-term storage archive.

If the court’s decision on the recognition of a valid patent, the application materials are returned to the Department of State Register.

63. When transmitting documents in the archives of structural subdivisions of Kyrgyzpatent is recorded in the “Journal of the transfer of applications to the archive.” Archivist receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

64. Access to the file is provided to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Representatives of Kyrgyzpatent in court;

– The staff of the State Register;

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the corresponding division

65. Content applications are in long-term storage archive for twenty years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The Order on record keeping on application for registration of the trademarks and service marks - Approved by order of the State service of intellectual property and innovation under the Government of the KR of August 12, 2013№ 135

Approved by decision of the Scientific and Technical Council of the State Service of the intellectual property and  innovation of the KR of August 6,  2013 № 5

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of August 12, 2013№ 135

 

The Order on record keeping on application for registration of the trademarks and service marks

Present Order regulates subsequence on record This procedure governs the sequence of processing of an application for registration of a trademark and service mark in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – Procedure).

1. General Provisions

1. List of abbreviations:

Kyrgyzpatent – State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

Law – Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin”;

Rules – Rules for compiling, filing and consideration of an application for registration of trademark and service mark, approved by Government Decision of October 27, 2011 № 685;

Regulation on Fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, the right to use appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic from June 12, 1998 № 346;

The procedure for maintaining the State Register – Order of the State Register of Trademarks and Service Marks of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013 № 119;

Trademark – trademark and service mark;

Application – an application for registration of a designation as a trademark with the indication of the applicant, as well as its location or residence;

Application – a package of documents, including a statement the designation, the list of goods;

State Register – the State Register of Trademarks and Service Marks of the Kyrgyz Republic;

State Register Department – Department of state registers;

Expert department – Department of trademark examination;

ICGS – International Classification of Goods and Services;

Archive – Archive of Kyrgyzpatent.

 

II. Receipt of the application by Kyrgyzpatent

 

2. The application is submitted to the personnel department and the office directly by the applicant, his representative or patent attorney or be sent by mail.

Upon receipt of the application:

– To check whether the documents submitted by the list given in the application;

– Counts the total number of sheets of the application materials;

– An entry in the “Journal of registration of trademark applications”;

– In the application form, in the “Incoming №” affixed assigned application materials:

incoming number;

the date of receipt.

For example:

 

Incoming number 127

Date Added 14/06/2013

 

On the application form stamped Kyrgyzpatent shall bear the reference number and date of receipt of the application.

3. The applicant or his representative shall be issued a receipt of acceptance of the application materials indicating the incoming number, the date of their receipt, the number of received pages of documents (paragraph 38 of the Rules). Receipt signed by an employee of the personnel department and office.

4. Adding In addition, the materials received are recorded in the personnel department and office in the “Journal of registration of additional materials.” In an additional document stamped Kyrgyzpatent shall assign an incoming number and date of receipt of the document.

Checking the presence of additional materials:

– The application number;

– The signature of the applicant;

– A list of the documents submitted.

5. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing an application, preliminary examination, examination of the mark in the prescribed amount.

The document confirming payment of the fee on payment of the fee is a copy of the payment order, which has the stamp of the bank for payment or bank receipt for the payment of duties in cash or by transfer to the account (paragraph 11 of section I of the Regulation on Fees), an extract of the entry fee to the account of Kyrgyzpatent.

Receiving the document of payment of the fee provides the personnel department and office, and the registration document made for the payment of duties in the “Journal registration fees” personnel department and office, which records:

– Details of the payer;

– Purpose of payment;

– The date and amount of the document on the payment of duties.

The document confirming payment of fees is stamped Kyrgyzpatent and assigned a serial number and date of the incoming receipt. The document on the payment of the fee is transmitted to the financial and economic sector, with indication of the date of admission to the above-mentioned magazine and receiving signatures.

6. The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

7. Registered in the personnel department and records management application materials are sent to the expert department. Acceptance of the application materials produces expert in charge of the preliminary examination.

Upon receipt of the application:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of trademark applications”;

– The date and signature in the said magazine;

– Application data recorded in the “Journal of the examination of trademark applications,” expert department.

 

III. Examination

 

8. At the request of the trademark for the preliminary examination and examination of the claimed designation.

 

Preliminary examination

 

9. In accordance with Paragraph 1 of Article 9 of the preliminary examination is carried out within one month from the date of filing of the application to Kyrgyzpatent.

10. During the preliminary examination the expert shall verify the existence of and compliance with the established requirements:

– Statements;

– Full name or the name of the applicant, his address (paragraphs 17, 19, 20 of the Rules);

– Name and address of a patent attorney or other representative, if any (paragraph 21, 29 of the Rules). If the column under code 74 application form provided data from two or more patent attorneys, the first to mention the one who submits an application, the address provided for correspondence, this location is considered to be a patent attorney;

– Reproduction of the mark whose registration is sought in the application (paragraph 22 of the Rules);

– The list of goods and / or services for which registration is sought (paragraph 25 of the Rules). If the list does not fit in the box under the code 57, then it is reproduced on a separate sheet (sheets) as an annex to the application, and shall appear in the column number of the application classes in ascending order;

– Description of the claimed designation (23, 24 of the Rules);

– A document confirming payment of the fee for filing an application, preliminary examination, examination of the mark;

– The collective mark if the application is filed for the registration of a collective mark (subparagraph (b) of paragraph 13 of the Rules). The Charter of the collective mark is to be signed by all heads of enterprises and organizations with the right to use the collective mark, and the signatures must be attached corresponding seals. For foreign legal persons of seal is not required:

– To the application submitted by a patent attorney or representative the power of attorney issued by the applicant, executed in accordance with the Rules (paragraph (c) of paragraph 13 of the Rules);

– A certified copy of the first application, while claiming a convention priority is submitted no later than three months from the date of filing with Kyrgyzpatent (paragraph (g) of paragraph 13 of the Rules);

– A document confirming the validity of exhibition priority is claimed, if it is sought to be submitted not later than three months from the date of filing with Kyrgyzpatent (subparagraph (d) of paragraph 13 of the Rules);

– Translation of the documents attached to the application submitted by the public or not is not the official language (paragraph 14 of the Rules). The correct translation is certified by the signature of the applicant or the patent attorney.

11. Date of filing the application with Kyrgyzpatent shall be the date of receipt of the documents containing:

– A statement indicating the applicant’s place of residence or location;

– The designation;

– The list of goods for which registration is sought the trademark, grouped by classes of the Nice Classification.

If these documents are not presented simultaneously, the filing date shall be the date of receipt of the last of the documents submitted.

Filing date fixed in the box of the request form with the code (22).

For example:

 

(22) Filing Date 06.14.2013

 

 

In establishing the date of filing at the same time state registration number assigned to the application – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, after the point number three – the symbol of the trademark.

State registration number is put in the column of the application code (21).

For example:

 

(21) № of state. Registration 20130339.3

 

After assigning the number of state registration of the application, the examiner checks, editing bibliographic records in our database Trademark.

12. If in the course of the preliminary examination established that the application is framed in violation of its documents to the applicant in accordance with paragraph 41 of the right to request additional materials (Form TK-1), which is fixed in the “Journal of registration of notices, decisions and requests” department training and record keeping. The answer to the request is submitted within two months from the date of receipt of the applicant and recorded in the “Journal registration response to” the personnel department and office, is stamped Kyrgyzpatent, put the incoming serial number, date of receipt of the response. At the request of the applicant, when there are valid reasons and payment of appropriate fee, Kyrgyzpatent may allow the extension of the term of up to six months under the terms of paragraph 35 of the Rules.

If the response submitted by the applicant does not contain the full requested information and / or documents, it can be routed to a second request (thirteenth paragraph of paragraph 41 of the Regulations).

If there is no response to a request preliminary examination, the applicant deadline violation and failure to these terms of its renewal application, the application is considered withdrawn and the applicant shall be notified (Form TK-2) at the end of four months from the date of the request (the fourteenth paragraph of paragraph 41 Regulation). Prosecution of the application is terminated. The application materials are sent to the archive.

13.Applicant can add, correct materials of the application in period of examination of the application

The applicant has the right to supplement or correct the application materials during the examination of an application (such as preliminary examination and examination of the mark) before the adoption of an action (paragraph 31 of the Rules), by filing a written application. The application shall be accompanied by a document confirming payment of the fee for amending the application materials.

The applicant has the right to make changes according to the requirements of the Rules:

– Changes in the designation does not change the essence (sixth paragraph, paragraph 31);

– Change the name of the applicant (the seventh paragraph of point 31);

– Changes in the applicant, in case of an assignment of the right to request (the eighth paragraph of point 31).

The applicant also has the right to:

– Divide the application by distributing the goods listed in the initial application (the fifteenth paragraph, paragraph 31);

– To convert an application for registration of a collective mark in the application for registration of a trademark (the sixteenth paragraph, paragraph 31).

Admitted as adjustments and corrections in the list of products if they do not lead to its expansion, that is to supplement the list of new goods, not included in the initial list.

Additional material submitted by the applicant dealt with in accordance with paragraph 62 of the Rules.

The application shall be accompanied by a document confirming payment of the fee for amending the application materials (paragraph 31 of the Regulations). The applicant is sent a notification (Form TK-2b).

 

14. In accordance with the established requirements of the application materials, as well as in cases of timely submission by the applicant of the requested information and documents to the applicant in accordance with paragraph 42 of the Rules of the decision on acceptance of the application for review (Form TK-3) with a notice of the date of filing.

The application materials are sent to the examination of the sign with the fixation in the “Journal of the examination of trademark applications.”

15. The decision on the refusal to accept the application for examination (Form TK-4) can be made only on the grounds provided for in paragraph 43 of the Rules. These reasons must be given in the decision sent to the applicant.

16. In the applicant disagrees with the decision of the preliminary examination, it may, within three months from the date of receipt of the decision to file an appeal with the Appellate Council of Kyrgyzpatent. The appeal shall be examined by the Appellate Council during four months from the date of its receipt.

The decision of the Appeals Board may be appealed by the applicant to the court within six months from the date of receipt of (parts 1 and 2 of Article 11 of the Law).

 

Examination of the claimed designation

 

17. Examination of the claimed designation shall be conducted at the conclusion of the preliminary examination within twelve months after the date of filing of the application (Part 1 of Article 10 of the Law).

During the examination of the mark is checked its compliance with the conditions for protection of the trademark, ie requirements established by Part 1 of Article 2 and Articles 4 and 5 of the Act, and the priority of the trademark.

18. Checking compliance with the application materials and annexed documents the requirements for their content and design:

– The designation and description (item 22 of the Rules);

– The list of goods and services (paragraph 25 of the Rules);

– A list of the documents attached (paragraph 26 of the Rules);

– Additional information (paragraph 27 of the Rules);

In accordance with Part 6 of Article 6 of the application shall relate to one trademark.

19. The audit established:

– The ability to uniquely identify a term used by the applicant to designate a product or service with a specific product or service of a particular class of the Nice Classification;

– The correctness of the applicant’s grouping of goods and services in classes of the Nice Classification.

If necessary, adjustments to the applicant amended the list of goods and services, the examination shall be entitled to request the applicant to clarify the appropriate (paragraph 47 of the Rules).

20. The establishment of priority of the trademark is carried out on the filing date of an application with Kyrgyzpatent if it is requested in accordance with paragraphs 2, 3 and 5 of Article 7 of the Act.

In this case, the priority date is specified in the “Priority” application form.

For example:

 

(22) Filing Date 06.14.2013

Priority 14/06/2013

 

Establishment of priority of the trademark by date earlier than the date of filing of the application with Kyrgyzpatent shall be subject to the applicant specified in the Regulations establishing conditions:

– Convention priority (paragraph 50);

– Exhibition priority (51).

The following are options for filling in the boxes corresponding forms solutions, containing information on the priorities (TK Form 5, TK-5P, TK-6):

– In case a priority on the filing date:

(21) Application № 20130339.3

(22) date of filling of the application 14.06.2013

(23) Other date of priority

(31) N of 1 application    (32) Date of requested priority    (33) Code of the country priority

 

 

– in case of convention priority:

 

(21) Application № 20130333.3

(22) Date of filing application12.06.2013

(23) Other date of priority

(31) N of first application:    (32) Date of requested priority:  (33) Code of the country:

 

85801238               12.12.2012                   US

 

– in the case of the establishment of exhibition:

 

(21) Application № 20120330.3

(22) Filing Date 21.08.2012

(23) Other priority date

(31) Number of the first (32) Date requested (33) Country Code

Application: Priority: Priority:

08.04. 2012 KG

 

21. Verification of the sign of the absolute grounds for refusal of registration carried out in accordance with the requirements of paragraph 54 of the Rules.

22. When checking for identity and similarity of the following actions in accordance with the requirements of Regulation

– Is searched identical and similar designations (paragraph 56);

– The degree of similarity is determined by the declared and identified during the search of signs:

– Determination of the similarity of verbal signs (paragraph 57);

– Determination of the similarity of Fine and three-dimensional signs (paragraph 58);

– Determination of the similarity of the combined designations (59);

– Is determined by the uniformity of the claimed goods and services products for which registered (pending) revealed identical or similar trademarks (designations) (item 60).

Checks will not play if the declared designation:

– Known in the territory of the Kyrgyz Republic firm names (or part thereof) owned by other persons who have the right to these names before the priority date of a trademark application in respect of similar goods (subparagraph (a) of paragraph 10 of the Rules);

– Names known in the Kyrgyz Republic of works of science, literature and art, characters or quotations from them, works of art or their fragments without the consent of the copyright owner or his legal successor (subparagraph (b) of paragraph 10 of the Rules);

– Surname, first names, pseudonyms and derivatives thereof, portraits and facsimiles of famous persons without the consent of such persons or their heirs, and if these designations are property of history and culture of the Kyrgyz Republic – without permission from the Government of the Kyrgyz Republic (subparagraph (c) paragraph 10 of the Rules);

– Industrial designs, the rights to which are owned by the Kyrgyz Republic to other persons if the industrial design has earlier priority compared to the application for registration of a trademark (subparagraph (g) of paragraph 10 of the Rules).

23. At any stage of the examination the expert may request the applicant’s materials without which the examination of the claimed designation impossible (paragraph 61 of the Rules).

Request additional materials (Form TK-1) is recorded in the “Journal of registration of notices, decisions and requests” of the personnel department and office. The answer to the request must be submitted within two months from the date of receipt of the request by the applicant and registered in the “Journal of registration of the responses to requests” in the personnel department and office, is stamped Kyrgyzpatent shall assign an incoming number and date of receipt of the document.

At the request of the applicant, when there are valid reasons and payment of a fee before the expiration of two months, the term of answering the request may be extended, but not more than twelve months (paragraph 35 of the Rules).

Check other materials in accordance with the requirements of paragraph 62 of the Rules.

If the claimed designation included unprotected elements, the applicant shall be notified of exclusion from the protection of such elements (TK Form-A).

24. The search report shall be made data, scanned information sources, as well as the objects selected for further comparative analysis (TK Form-7).

25. Under the claimed designation to the requirements established by paragraph 1 of Article 2 and Articles 4 and 5 of the Act, the decision on registration of a trademark (service mark) (Form TK-5) for all the goods and services mentioned in this list (Paragraph 1 item 63 of the Rules).

In the decision the applicant shall be notified of the need to submit a document confirming payment of the fee for registration, publication and issue of a certificate for a trademark, within two months from the date of receipt of the decision.

If the claimed designation meets the above requirements only for a part of the claimed goods and services, the decision on registration of a trade mark in respect of that part of the goods and services (second paragraph of paragraph 63 of the Rules).

The application materials included in the database of trademarks.

26. In accordance with part 7 of article 10 of the Law during the examination may be made a preliminary decision to refuse registration of a trade mark in respect of the list of goods and services or part of the goods and services (service mark) (Form TK-5P).

The preliminary decision to refuse registration, allows the applicant within two months from the date of receipt of the preliminary decision to present a reasoned objection and / or additional materials on which expertise could change its decision in favor of the applicant. Period for reply can be extended to twelve months if the conditions of paragraph 35 of the Rules.

If the examination of the mark carried out in accordance with Part 1 of Article 10 of the Law, it is established that the designation does not meet at least one of the requirements provided for in paragraphs 6-10 of Regulation for the entire list of goods and services, the applicant the decision to refuse the registration of a trademark (service mark) (Form TK-6).

27. In the applicant disagrees with the decision of preliminary examination or examination of the mark, he has the right within one month from the date of receipt of the decision to request copies of the materials specified in the decision of examination and a period of three months from the date of receipt of the decision to file an appeal with the Appellate Council of Kyrgyzpatent. The appeal shall be examined by the Appellate Council during four months from the date of its receipt (paragraph 65 of the Regulations). In the case of the opposition examination application materials issued by the Secretary of the Appeals Board.

A special form of objection do not establish rules, but it should contain a mandatory registration number of the trademark application, surname, name and patronymic of the physical person or legal entity who has filed objections and address for correspondence.

Objections must be accompanied by a document issued in a certain order, and confirming payment of the fee for filing an objection in the prescribed amount.

The reasoned decision of the Board of Appeal sent to the address of the applicant and the date of entering into force.

If you cancel the Appeal Board decision of the examination application materials with a certified copy of the decision of the Appeal Board submitted to the department for the registration of the State Register.

At the decision of the Appeals Board on leaving the examination decision in force, the application materials sent to the archive.

The decision of the Appellate Council may be appealed in court by the applicant within six months from the date of its receipt (article 11 of the Law).

 

IV. Preparation of materials for registration

and publication of information on trademark

 

28. When deciding on the registration of a trademark expert department prepares a solution in triplicate, fixes it in the “Journal of the examination of applications for trademarks” and transmits to the personnel department and office, where each copy stamped with details of Kyrgyzpatent – outgoing number and date. A copy of the decision sent to the applicant, the two – are transferred to the expert department.

Expert office transmits the application materials to the department of the State Register, recording in the “Journal of the examination of trademark applications.”

29. Registration of trade marks by the Department of State Register in accordance with the order of certain provisions of the National Register.

Department of State Register produces reception of the application materials of the expert department and records the fact of admission to the “Journal of trademark registration and licensing.”

30. The financial and economic sector act in accordance with the accounting for taxes and fees.

The document confirming payment of the fee for registration, publication and issue of a trademark certificate submitted to the personnel department and the office by the applicant within two months from the date of receipt of the decision on registration of a trademark or within three months from the date of expiry of the said period of two months, subject to payment of an additional fee.

31. Subject to the conditions established by the legislation payment of the fee, the state registry department on a monthly basis:

– Assigns trademark registration numbers and makes the trademark in the State Register in accordance with the Order of the State Register;

– Transmits sets of documents and registry lists in paper and electronic versions of training in management and printing materials.

32. Failure to provide a document confirming payment of the fee for registration, publication and issue of a certificate by the state registry department after 2 months, send to the applicant a notice (Form OG-1), in the absence of response to the notice after 3 months registration, publication and issue of a trademark certificate is not is made, the application is transferred to the archive.

33. Management training materials and printing produces receiving a set of documents, including:

– Roster sheet of paper and electronic versions;

– A single image.

Reception of documents is carried out prior to the sixth day of each month of the year to lock in the reception of the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Formatting material for publication;

– Editing / correction of the text;

– Transmit the original layout of the official bulletin in graphic arts department.

Printing Department receives material duplicates issue of the Official Bulletin on a monthly basis.

To accommodate the next newsletter to the site of Kyrgyzpatent management training materials and printing reports published after the publication of materials in electronic form in the information technology sector.

 

V. Issuance of Certificate

 

34. Following the publication of information about the trademark registration in the Official Gazette the state registry department prepares certificates are transferred to the personnel department and the office of the act of transfer of documents. One copy of the transfer documents are stored in the department of public registers. Direction and issuance of the certificate owner is carried out by the personnel department and office.

35. A trademark registration is valid until the expiration of ten years from the date of filing with Kyrgyzpatent.

The validity of a trademark registration may be extended at the request of the owner, filed during the last year of its validity, each time for ten years, subject to payment of a fee.

Application for renewal of registration, drawn up in any form, is served in the personnel department and office.

Attached to the application:

– The original of the certificate of trademark;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through it.

36. Human Resources office and sends the document on the payment of duties in the financial and economic sectors, to confirm receipt of funds on account of Kyrgyzpatent and other documents to the Department of State Register.

The financial and economic sector checks the document on the payment of duties and transfers it to the Department of State Register.

Document review is made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on the extension of registration in the State Register in accordance with the requirements of the Order of the State Register of Annex 4, Chapter 2, paragraph 6. Documents to extend the term of the invested in the proposal.

Date of entry in the State Register of additions to extend the validity of the certificate shall be the date of receipt at Kyrgyzpatent documents, or the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the trademark owner is sent a corresponding request.

At the request of the owner to renew the trade mark may be given six months after the expiry of the registration, subject to payment of an additional fee.

The validity of a trademark registration is not renewed, if not complied with the above requirements.

Extension of the trade mark recorded in the State Register of Trademarks and is reflected in the additional sheet to the certificate, which is routed through the personnel department and office to the applicant. A copy of the additional sheet is embedded in the application materials.

37. Information on the extension of the registration of a trademark shall be published in the next issue of the Official Bulletin of Kyrgyzpatent within one month from the date of entry into the State Register entries on the extension of the trademark registration.

38. Amendments to the registration of a trademark is carried out according to the requirements of the Department of State Register of Order of the State Register Annex 4 Chapter 2, for a month from the date of receipt of the documents to amend the registration of a trademark. When sending a request for the missing or specifying materials, the term of consideration of documents shall be extended accordingly.

39. Changes to the registration of a trademark shall be made based on the application of the trademark owner submitted to the personnel department and office.

The application to amend the registration of a trademark, decorated in any form shall be attached:

– The original of the certificate of trademark;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney;

The request to change the name, surname, patronymic name or trademark holder attached document confirming the changes.

The application for reduction of the list (agreed with the expert department) goods attached amended list of goods.

The request to change the individual items (agreed with the expert department) registered trademark attached 25 copies of the image of the claimed designation, if the trademark is declared volume symbol – symbols and images surround the image of all necessary projections.

40. Human Resources office and sends the document on the payment of duties in the financial and economic sector, and other documents to the Department of State Register.

The financial and economic sector checks the document on the payment of duties and sends a copy to the Department of State Register. Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on changes in the registration of a trademark in the State Register in accordance with the requirements of the Order of the State Register Annex 4 Chapter 2 documents the changes in the registration of a trademark is invested in the proposal.

Date of entry in the State Register of information about a change in the registration of a trademark shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 39 of this order or the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the trademark owner is sent a corresponding request.

Changes to the registration of a trademark is not made if, within two months from the date of receipt of the request the owner had not submitted the missing or corrected documents.

All changes and additions to the registration of a trademark recorded in the State Register of Trademarks and reflected in the additional sheet to the certificate, which is routed through the personnel department and office to the applicant. A copy of the additional sheet is embedded in the application materials.

41. Information on changes made to the registration of a trademark shall be published in the next issue of the Official Bulletin of Kyrgyzpatent within one month from the date of entry into the State Register of the record.

42. In the case of a third party objections to the Appeals Board for recognition of trademark registration invalid under Paragraph 2 of Article 3, Articles 4 and 5 of the Act, the application from the Department of State Register issued by the Secretary of the Appeals Board.

In making the Board of Appeal decision on the recognition of trademark registration invalid, the application materials with a certified copy of the decision of the Board of Apellyatsionnnogo transferred to the Department of State Register for entry in the State Register and published in the next issue of the Official Bulletin of Kyrgyzpatent in the subsequent application is transferred to the archive for storage.

At the decision of the Appeals Board of the abandonment of a trademark registration in force, the application materials are returned to the Department of State Register.

In the case of the applicant to appeal the decision of the Appeal Board to the court (of appeal period of six months), the application documents shall be issued to the representative of Kyrgyzpatent in court.

 

VI. Storing trademark applications

 

43. An application withdrawn at the request of the applicant, fixed an expert in the “Journal of the examination of applications for trademarks” and within a week transferred to the archive.

44. The application, revoked for non-additional materials after sending the notification of withdrawal to the applicant is fixed by the expert in the “Journal examination of applications for trademarks” and after 4 months shall be deposited in the archives.

45. Application to the decision to refuse the registration of a trademark is fixed an expert in the “Journal of the examination of applications for trademarks” and after 5 months shall be deposited in the archives.

In the case of the applicant to appeal the decision of the Appeal Board to the court (of appeal period of six months), the application documents shall be issued to the representative of Kyrgyzpatent in court.

46. In the case of non-payment of fees for renewal of the certificate within six months from the date of expiry of the term of payment of the fee, the certificate is terminated. The application is transferred to the archive for storage.

47. In the case of the trademark registration terminated early on the basis of a court decision in connection with the non-use of the trademark continuously during any three years preceding the filing of the application in the preparation of the state registry department of a court decision makes the appropriate changes in the State Register, submit the materials for publication in the next issue of the official gazette, in the subsequent application is transferred to the archive for storage.

48. When transmitting documents in the archive, with the division of Kyrgyzpatent writes in the “Journal of the transfer of applications to the archive.” Archivist receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

49. Access to the file is provided to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Representatives of Kyrgyzpatent in court;

– The staff of the State Register.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

50. Content of applications in long-term storage archive is located not more than twenty-five years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The Order on record keeping on application for registration and the right to use the appellations of origin of goods and the application for the provision of the right to use the registered appellations of origin of goods - Approved by order of the State service of intellectual property and innovation under the Government of the KR of August 12, 2013№ 135

Approved by decision of Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of  August 6, 2013 № 5

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of August 12, 2013№ 135

The Order on record keeping on application for registration

and the right to use the appellations of origin of goods and the application for the provision of

the right to use the registered appellations of origin of goods.

Present Order regulates sequence on record keeping on application for registration and the right to use the appellations of origin of goods and the application for the provision of the right to use the registered appellations of origin of goods in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic establishes requests applicable to the structural units of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – the Order).

  1. General provisions
  2. List of abbreviations:

Kyrgyzpatent – The State service of intellectual property and innovation under the government of the Kyrgyz Republic;

Law – Law of the Kyrgyz Republic “On Trademarks, Service Marks and Appellations of Origin of Goods”;

Rules – Rules for compiling, filing and consideration of an application for registration and the right to use the appellation of origin and an application for the right to use already registered appellation of origin, approved by Resolution of the Government of the Kyrgyz Republic on February 29, 2012 №153;

Regulation on Fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, the right to use appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic from June 12, 1998 № 346;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013 № 119;

The procedure for maintaining the State Register – Conduct of business reestranaimenovany State of origin of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

Application – an application for the registration and granting the right to use the appellation of origin of goods or granting the right to use the registered appellation of origin, indicating the applicant (s) and its (their) location or residence;

Application – a package of documents, including a statement the designation, an indication of a good for designation of which registration and the right to use the appellation of origin, or the right to use the registered appellation of origin, indicating the place of production (geographical boundaries of the object), a description of the special properties of the product;

State Register – the State Register of Appellations of Origin of the Kyrgyz Republic;

State Register Department – Department of state registers;

Expert department – Department of trademark examination;

AO – appellation of origin;

Archive – Archive of Kyrgyzpatent.

 

II. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office of Kyrgyzpatent directly by the applicant, his representative or patent attorney or be sent by mail.

Upon receipt of the application:

– To check whether the application materials submitted their list in the application;

– Counts the total number of sheets of the application materials;

– An entry in the “Journal of registration of applications for appellations of origin”;

– In the application form, in the “Incoming №” affixed assigned application materials:

– Incoming number;

– The date of receipt.

For example:

Income № 15

Date of receive 17.08.2012

 

On the application form stamped Kyrgyzpatent shall bear the reference number and date of receipt of the application.

The applicant or his representative shall be issued a receipt of acceptance of the application materials, indicating the incoming number, the date of their receipt, the number of pages of documents received (p. 24 of the Rules). Receipt signed by an employee of the personnel department and office.

3. In addition, the materials received are recorded in the personnel department and office in the “Journal of registration of additional materials.” In an additional document stamped Kyrgyzpatent shall assign an incoming number and date of receipt of the document.

Checking the presence of additional materials:

– The application number;

– The signature of the applicant;

– A list of the material provided.

4. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing an application, preliminary examination, examination of the mark in the prescribed amount.

Document on payment of fee is a copy of the payment order, which has the stamp of the bank for payment or bank receipt for the payment of duties in cash or by transfer to the account (paragraph 11 of section I of the Regulation on Fees), an extract of the entry fee to the account of Kyrgyzpatent.

Receiving the document of payment of the fee provides the personnel department and office at the same time produced a document confirming payment of registration fee in the “Journal registration fees” personnel department and office, which records:

– Details of the payer;

– Purpose of payment;

– The date and amount of the document on the payment of duties.

In the document on the payment of a stamp duty of Kyrgyzpatent shall assign an incoming number and date of its receipt. The document on the payment of the fee is transmitted to the financial and economic sector with putting in the above journal and the date of signature of the host administration.

5. Financial – economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

6. Registered in the personnel department and records management application materials are sent to the expert department. Acceptance of the application materials produces expert in charge of the preliminary examination.

Upon receipt of the application:

– To check whether the number of documents transmitted, recorded in the “Journal of registration applications AO”;

– The date and signature in the said magazine;

– Application data recorded in the “Journal of registration applications AO” expert department.

 III. Examination

7. If the application for registration and the right to use the name

place of origin and the application for granting the right to use the registered appellation of origin Kyrgyzpatent conducts a preliminary examination and examination of the sign.

Carrying out of preliminary examination

8. In accordance with part 5 of article 30 of Law preliminary examination done within one month from the date of filing of the application in Kyrgyzpatent.

In accordance with part 6 of the article 30 of the Law applicant can in written form apply on preliminary examination. At the same time from the date of submission of the application the applicant shall lose the right, without additional payment at its own initiative to supplement, clarify and amend the application.

9. During the preliminary examination the expert shall verify the existence of and compliance with the established requirements:

– Statements;

– Full name or the name of the applicant (s), its (their) address (es) (the fourth paragraph, seventh, eighth, ninth paragraph 12 of the Rules);

– Name and address of a patent attorney or other representative, if any (the tenth paragraph of point 12 of the Rules). If the column under code 74 application form provided data from two or more patent attorneys, the first to mention the one who submits an application, the address provided for correspondence, this location is considered to be a patent attorney;

– The claimed designation (the eleventh paragraph of point 12 of the Rules);

– Indication of the goods, for designation of which registration of appellations of origin and the right to use them, or the right to use the registered appellation of origin, indicating the place of manufacture (borders of geographical object) (paragraphs twelfth, thirteenth paragraph 12 of the Rules);

– Description of the special properties of the product (paragraph fourteen of paragraph 12 of the Regulations);

– A document confirming payment of the fee for filing an application, preliminary examination, examination of the mark (paragraph 9 of the Rules);

– Conclusions (opinions) to the competent authority (ies) that the applicant is in the geographical area specified and manufactures a good special properties of which are determined by the characteristic of the geographical natural conditions or human factors or natural conditions and human factors (Article 9 of Regulation , paragraphs nineteenth, twentieth paragraph 12 of the Rules);

– A document confirming the right of a foreign applicant claimed his appellations of origin in the country of origin (paragraph 9 of the Rules, the twenty-first paragraph of paragraph 12 of the Regulations);

– Translation of the documents attached to the application submitted is not in the state or official language (paragraph 10 of the Rules). The correct translation is certified by the signature of the applicant or the patent attorney.

10. Date of filing the application with Kyrgyzpatent shall be the date of receipt of application materials, containing:

– A statement indicating the applicant (s) and its (their) location or residence;

– The designation;

– An indication of a good for designation of which registration and the right to use appellation of origin, or the right to use the registered appellation of origin, indicating the place of production (geographical boundaries of the object);

– A description of the special properties of the product.

If these documents are not presented simultaneously, the filing date shall be the date of receipt of the last of the submitted application materials.

Filing date fixed in the box of the request form with the code (22).

For example:

(22) Filing Date 17.08.2012

In establishing the date of filing at the same time state registration number assigned to the application – four digits indicate the year MSBs filing, the other three digits – serial number of the application in the series of this year, the figure “twelve” after the point – the symbol of appellations of origin.

State registration number is put in the column of the application code (21).

For example:

(21) № of the state register

20120001.12

 

11. After assigning the number of state registration of the application, the examiner checks, editing bibliographic records in our database of appellations of origin.

If, during the preliminary examination established that the application is framed in violation of its documents, the applicant shall request additional materials (Form AO-1), which is fixed in the “Journal of registration of notices, decisions and requests” of the personnel department and office. The reasons for the request must comply with subparagraph 5 of paragraph 25 of the Rules.

The answer to the request is submitted within two months from the date of its receipt by the applicant and recorded in the “Journal registration response to” the personnel department and office. In the accompanying letter, responding to a request is stamped and assigned a serial incoming number, date of receipt of the response. At the request of the applicant, when there are valid reasons and payment of appropriate fee, Kyrgyzpatent may allow the extension of the term of up to six months (part 4 of article 30 of the Law).

If the response submitted by the applicant does not contain the full requested information and / or documents, it can be routed to a second request (seventh paragraph of paragraph 5 of paragraph 25 of the Regulations).

If there is no response to a request preliminary examination, the applicant deadline violation and failure to these terms of its renewal application, the application is considered withdrawn and the applicant shall be notified (Form NMPT1-2 NMPT2-2 or form, depending on the application) after four months from the date of the request (the eighth paragraph of paragraph 5 of paragraph 25 of the Regulations).

Prosecution of the application is terminated. The application materials are sent to the archive of Kyrgyzpatent.

12. The applicant may, at its own initiative, to add, clarify and make changes that do not alter the essence of the application at no extra charge, within one month from the filing date by filing a written application. After one month from the date of filing with the introduction of additions, clarifications and corrections to the applicant must pay the appropriate fee.

Additional material submitted by the applicant dealt with in accordance with paragraph 27 of the Rules.

13. If the application materials requirements under the first paragraph – the third paragraph 12 of the Rules, as well as in cases of timely submission by the applicant of the requested information and documents to the applicant under subparagraph 6 of paragraph 25 of the Rules of the decision on acceptance of applications for registration and the right to use appellations of origin ( Form NMPT1-3) or the right to use already registered appellation of origin (Form NMPT2-3) with indication of the date of filing.

The application materials are sent to the examination of the sign with the fixation in the “Journal of the examination of applications for appellations of origin.”

14. A decision to refuse to accept the application for review may be made only on the grounds specified in sub-paragraph 7 of paragraph 25 of the Rules. These reasons must be given in the decision sent to the applicant to refuse to accept applications for the registration and granting the right to use appellations of origin (Form NMPT1-4) or the right to use a registered appellation of origin (Form NMPT2-4).

15. In the applicant disagrees with the decision of the preliminary examination, it may, within three months from the date of receipt of the decision to file an appeal with the Appellate Council of Kyrgyzpatent. The appeal shall be examined by the Appellate Council during four months from the date of its receipt (Part 1 of Article 31 of the Law).

The decision of the Appeals Board may be appealed by the applicant to the court within six months from the date of its receipt (Part 2 of Article 31 of the Law).

 

Examination of the claimed designation

16.Receiving to consideration of the application carrying out expertise As accepted for consideration the application is examined claimed designation for compliance with the requirements established in Article 27 of the Law.

Check the appropriate materials application and accompanying documentation requirements for its content and design:

– The designation (the eleventh paragraph of point 12 of the Rules);

– An indication of the goods and place of manufacture (paragraphs twelve, thirteen, paragraph 12 of the Rules);

– A description of the special properties of the product (paragraphs fourteen – seventeen of paragraph 12 of the Regulations);

– A list of the documents attached (paragraph eighteen – twenty-one point 12 of the Rules);

In accordance with Part 2 of Article 29 of the Law the application shall relate to one appellation of origin.

17. In determining its compliance with the requirements established in accordance with subparagraph 3 of Paragraph 26 of the Rules checked:

– The claimed designation official modern name of a geographic object or its historical name, subject to paragraph 4 of the Rules;

– Availability of information confirming the finding of a geographical object, the name of which is declared as appellations of origin, it is in that area, the boundaries of which are indicated in the application;

– The existence of geographical names on the date of filing of the application is as a designation used for individualization of goods, has special properties due to natural conditions and / or human factors of the geographical area.

In that case, if the name of a geographic object was used previously for the individualization of the goods, but at the time of filing the application has lost its ability to be an initial indication of the actual place of origin of the product and its specific properties, it is considered a symbol, which came in the Kyrgyz Republic in general use as designation of goods of a particular Type (concept) is not related to the place of its manufacture;

– The existence of specified goods, for the designation of which registration and the right to use appellation of origin, or the right to use the registered appellation of origin, indicating the place of manufacture (borders of geographical object);

– Description of the special characteristics of the goods and their compliance with the opinion of the competent authority.

18. When checking the content of the competent body established presence information confirming:

– In the area of the applicant, the name of which is declared as appellations of origin;

– Production of the goods by the applicant specified in the application on the territory of the area, whose name as an appellation of origin declared;

– Availability of goods produced by the applicant specific properties are determined exclusively or mainly characteristic of the application of geographical natural conditions and / or human factors.

19. During the examination Kyrgyzpatent may request from the applicant additional materials, without which the examination of the claimed designation impossible (paragraph 26, subparagraph 5 of the Regulations).

Request additional materials (Form AO-5) is fixed in the “Journal of registration of notices, decisions and requests” of the personnel department and office. The answer to the request must be submitted within two months from the date of receipt of the request by the applicant and registered in the “Journal registration response to” the personnel department and office. In the accompanying letter, responding to a request is stamped Kyrgyzpatent is assigned a serial incoming number, date of receipt of the response.

20. If conformity of the claimed designation to the requirements established by Article 27 of the Act, in the absence of registration of the designation in the Register, the decision on registration of appellations of origin and the right to use them.

21. In case of expertise of claimed designation carried out according part 10 of the article 30 of Law established that designations is not able to one request specified wiqt article 27 of Law in the absence of registration of that designation in the Register of the decision on refusal of registration of appellations of origin and the right to use them (Form appellations of origin of goods1-7) (paragraph 7 of the second subparagraph of paragraph 26 of the Regulations).

In decision of refuse of registration of the appellations of origin of goods and give rights to use them or  to grant the right to use registered appellations of origin are based on the Law.

22. If applicant disagrees with the decision of preliminary examination or examination of the mark, he has the right within three months from the date of receipt of the decision to file an appeal with the Appellate Council of Kyrgyzpatent. The appeal shall be examined by the Appellate Council during four months from the date of its receipt (article 31 of the Law, paragraph 16 of the Regulations). In the case of the opposition examination application materials issued by the Secretary of the Appeals Board.

A special form of objection do not establish rules, but it should contain a mandatory registration number of the application for appellations of origin, surname, name and patronymic of the physical person or legal entity who has filed objections and address for correspondence.

To the objection shall be accompanied by a document issued in a certain order, and confirming the payment of the fee for filing an objection in the prescribed amount.

The reasoned decision of the Board of Appeal sent to the address of the applicant and the date of entering into force.

If you cancel the Appeal Board decision of the examination application materials with a certified copy of the judgment passed in the state registry office for registration.

At the decision of the Appeals Board on leaving the examination decision in force, the application materials are sent to the archive.

The decision of the Appellate Council may be appealed in court by the applicant within six months from the date of its receipt (article 31 of the Law).

V. Prepare materials for register and publication of information on appellations of origin of goods.

 

23. In deciding on the registration of appellations of origin expert department fills in solutions (Form Appellations of Origin 1-6) or (Form Appellations of Origin 2-6) in three copies, records the fact of the decision in the “Journal of the examination of applications for appellations of origin “conveys the solution to the personnel department and office, where each copy stamped with details of Kyrgyzpatent – outgoing number and date. A copy of the decision sent to the applicant, the two – are transferred to the expert department.

Expert office transmits the application materials to the department of the State Register, recording in the “Journal of the examination of applications for appellations of origin.”

24. Registration of appellations of origin by IT department of the State Register in accordance with the procedure established by the Regulations on the State Register.

25. The financial and economic sector act in accordance with the accounting for taxes and fees.

The document confirming payment of the fee for registration, publication and issue of a trademark certificate submitted to the personnel department and the office by the applicant within two months from the date of receipt of the decision on the registration of appellations of origin, or within three months from the date of the expiration of the two-month period subject to payment of an additional duties (Part 3 of Article 32 of the Law).

26. Subject to the conditions established by the legislation payment of the fee, the state registry department on a monthly basis:

– Assigns a registration number of appellations of origin and making appellations of origin in the State Register in accordance with the Order of the State Register;

– Transmits sets of documents and registry lists in paper and electronic versions of training in management and printing materials.

27. Failure to provide a document confirming payment of the fee for registration, publication and issue of a certificate by the state registry department after 2 months, send to the applicant a notice (Form OG-1), in the absence of response to the notice after 3 months registration, publication and issue certificates for appellations of origin goods is not made, the application is transferred to the archive.

28. Management training materials and printing produces receiving a set of documents, including:

– Roster sheet of paper and electronic versions;

– A single image.

Reception of documents is carried out prior to the sixth day of each month of the year to lock in the reception of the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Formatting material for publication;

– Editing / correction of the text;

– Transmit the original layout of the official bulletin in graphic arts department.

Printing Department receives material duplicates issue of the Official Bulletin on a monthly basis.

To accommodate the next newsletter to the site of Kyrgyzpatent management training materials and printing reports published after the publication of materials in electronic form in the information technology sector.

V. Issue of the certificate

 

29. After publication information on registration of the appellation of origin of goods in official bulletin state register prepare certificate which transfer to division of personality by acts of the documents.

30.Registration of the appellations of goods is obtain to 10 year from the date of filing application in Kyrgyzpatent.

The validity of the certificate on the appellations of origin can be extended at the request of the certificate holder submitted within the last year of the presentation and subject to the conclusion of the competent authority (authorities) certifying that the holder is in the geographical object and manufactures the goods specified in the certificate properties. Registration period extended each time for ten years, subject to payment of a fee.

Application for extension of validity of the certificate, drawn up in any form, is served in the personnel department and office.

Attached to the application:

– The original of the certificate to the appellation of origin;

– Document on payment;

– Power of attorney issued by the owner of the certificate patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney.

31. Human Resources office and sends the document on the payment of duties in the financial and economic sectors, to confirm receipt of funds on account of Kyrgyzpatent and other documents to the Department of State Register.

The financial and economic sector checks the document on the payment of duties and transfers it to the Department of State Register.

Document review is made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on the extension of the validity of the appellations of origin in the State Register in accordance with the requirements of the Order of the State Register of Annex 6, Chapter 2, paragraph 5.

Date of entry in the State Register of additions to extend the validity of the certificate shall be the date of receipt at Kyrgyzpatent documents or the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the owner of appellations of origin is sent to the appropriate request.

At the request of the owner to extend the validity of the appellations of origin may be given six months after the expiry of the registration, subject to payment of an additional fee.

The certificate shall not be extended to the appellation of origin, if not complied with the above requirements.

Extension of the appellations of origin recorded in the State Register of appellations of origin, and is reflected in the additional sheet to the certificate, which is routed through the personnel department and office to the applicant. A copy of the additional sheet is embedded in the application materials.

32. For information on the extension of validity of the appellations of origin shall be published in the next issue of the Official Bulletin of Kyrgyzpatent within one month from the date of inclusion in the State Register entries on the extension of appellations of origin.

33. Amendment of the certificate on the state registry department of appellations of origin is carried out according to the requirements of the Procedure of the State Register of Annex 6, Chapter 2, within one month from the date of receipt of the documents on amendments to the certificate for the appellations of origin. When sending a request for the missing or specifying materials, the term of consideration of documents shall be extended accordingly.

34. Changes to the certificate for the appellations of origin shall be entered on the basis of the application of the certificate holder in the appellations of origin. The application is submitted to the personnel department and office.

The request to amend the certificate on appellation of origin, decorated in any form shall be attached:

– The original of the certificate to the appellation of origin;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney.

35. Human Resources office and sends the document on the payment of duties in the financial and economic sector, and other documents to the Department of State Register.

The financial and economic sector checks the document on the payment of duties and sends a copy to the Department of State Register. Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on changes in the State Register in accordance with the Order of the State Register of Annex 6 of Chapter 2. Date of registration in the State Register of information on changes in the certificate on the appellations of origin shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 31, the last of them, if they were not present simultaneously.

In case of improper execution of the documents submitted, or the absence of any of them, the owner of the certificate is sent to the AO request.

Changes to the certificate for the appellation of origin are not made if, within two months from the date of receipt of the request the owner has not submitted the missing or corrected documents.

All changes and additions to the registration of appellations of origin recorded in the State Register of appellations of origin and recognized in the additional sheet to the certificate, which is routed through the personnel department and office to the applicant. A copy of the additional sheet is embedded in the application materials.

36. Information about changes are published in the next issue of the Official Bulletin of Kyrgyzpatent within one month from the date of its entry in the State Register.

37. In the case of a third party filing an objection with the Appellate Council on the recognition of the registration of appellations of origin null and void in accordance with Article 27 of the Law, application materials issued by the Secretary of the Appeals Board.

 

VII. Storage of application materials to the appellation of origin

 

38. An application withdrawn at the request of the applicant, fixed an expert in the “Journal registration applications AO” and for a week transferred to the archive.

39. The application, revoked for non-additional materials after sending the notification of withdrawal to the applicant is fixed by the expert in the “Journal registration applications AO” after 4 months shall be deposited in the archives.

40. Application to the decision to refuse the registration of appellations of origin is fixed an expert in the “Journal registration applications AO” and during and after 5 months shall be deposited in the archives.

In the case of the applicant to appeal the decision of the Appeal Board to the court (of appeal period of six months), the application documents shall be issued to the representative of Kyrgyzpatent in court.

41. In the case of non-payment of fees for renewal of the certificate within six months from the date of expiry of the certificate, the certificate is terminated. Department of the State Register shall submit the materials to the archive for storage.

42. When transmitting documents in the archive, with the division of Kyrgyzpatent writes in the “Journal of the transfer of applications to the archive.” Archivist receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

43. Access to the archive is available to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Representatives of Kyrgyzpatent in court;

– The staff of the State Register.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the branch.

44. Content of applications in long-term storage archive are in a period of not more than twenty-five years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

REGULATIONS of distribution of royalties for use of copyright and related rights - Approved by Order of the State Service of Intellectual Property and Innovation under the Government of the KR of August 12, 2013 № 135

Approved by decision of Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of August 6, 2013 № 5

 

Approved by Order of the State Service of Intellectual Property and Innovation under the Government of the KR of August 12, 2013   № 135

 

REGULATIONS

of distribution of royalties for use of

of copyright and related rights

Section I General provisions

1. Present Regulation of distribution of royalties for use of copyright and related rights (further- Regulation of distribution) developed according article 31 of the Law of the Kyrgyz Republic “O Copyright and Related rights” and with provisions on minimal rates for use of objects copyright and related rights approved by regulation of the Government of the Kyrgyz Republic of July 22, 2002 N488.

2. Regulation establishes the distribution percentages and shares in the distribution of royalties accrued by users for owners of property rights for the use of copyright and related rights.

In the case of co-authorship in the same category creators of works of the amount of remuneration is divided equally between the authors if there is no separate agreement.

Royalties for the public performance of works, consisting of parts having independent meaning created by co-authors as one indivisible whole is paid in accordance with Section II of the Rules of distribution.

Of royalties to the author of a literary text used by artists of the original genre (entertainers, clowns, magicians, psihoeksperimentatorami, etc.), for the music that accompanies their performance (without literary text) shall be paid in accordance with Section III of the Rules of distribution.

Rewards authors and performers for the transmission performances (plays) to the public in a broadcast or cable shall be paid:

– In the primary use according to the contract between the performer and the organization created the formulation and / or transmission;

– With repeated use under Section IV of the Rules of distribution.

Authors royalty for public performance Royalties for the public performance is calculated only by the authors (and their successors), which is protected by copyright. The remuneration is not claimed within three years, will be deducted in the State Intellectual Property Fund.

3. Notwithstanding the provisions of Articles 37 and 38 of the Law of the Kyrgyz Republic “On Copyright and Related Rights” shall be allowed without the consent of the producer of a phonogram published for commercial purposes, and performer whose performance is recorded on the phonogram, but against payment of remuneration:

1) the public performance of the phonogram;

2) broadcasting of the phonogram;

3) communication of the phonogram to the public by cable.

On the basis of Article 44 of the aforementioned Law the collection, distribution and payment of remuneration by one of the organizations that manage the rights of phonogram producers and performers on a collective basis, in accordance with the agreement between the organization and users. If the agreement provides otherwise, the remuneration shall be distributed between the phonogram producers and performers equally.

The distribution of royalties collected on the territory of the Kyrgyz Republic, on the basis of the information specified in the reports used by users of the products.

Report forms are defined by user agreements concluded between users and Kyrgyzpatent.

The distribution of received reports of users, designed properly and containing sufficient information for distribution.

Reports deemed improperly appointed and / or contain insufficient information in the following cases:

– A report drawn up by an unidentified form of contract;

– In the report there is no stamp and signature of authorized representative of the user or a report signed by a person not entitled to sign;

– There is no information in the required columns of the report;

– The report did not contain the names of the authors and / or titles of works;

– The report contains deliberately false information (in the “author” Unknown Artist, etc.);

– The report is filled by font size less than 12 pt.

In the above cases, the report shall be transmitted to the user for revision. If the report is transmitted to the user on completion, the amount of royalties received on such reports, are not allocated to the receipt of the reports in the proper form.

If the report given by the product processed, resolution, the processing of which has not been received, the amount of royalties is reserved until receipt of the corresponding application from the author of the original work or an agreement on the processing of the product.

Basic Concepts

4. For the purposes of this Regulation the distribution of the following terms have the following meanings:

– author автор  – private body

– Singer – actor, singer, musician, dancer or other person who performs, sings, plays a musical instrument or otherwise performs works of literature or art (including variety, circus or puppet show), as well as the director of the play and conductor;

– The owner of copyright and (or) related rights:

– Author or performer when property rights vested with the author or performer;

– Natural or legal person who has been ceded property rights;

– A natural person other than the author or performer or a legal entity in cases where property rights was originally endowed with a natural or legal person (phonogram producer, producer of an audiovisual work, the publisher or other person on the initiative and by means of which was created by the product);

– Share – weighting factor specific genre product that is used in the distribution of royalties for concert, dance, circus and other program teams of the copyright holder.

Section II

Distribution of royalties

for the use of works in the public performance

drama, music (with or without text)

and musical-dramatic works

(Great shape)

5. The size of contributions to cover the costs related to fees, charges, distribution, payment of royalties is 10 percent of the amount of remuneration received from the payer.

6. The remaining amount of royalties distributed among the authors as follows:

Types of works

% of authors royalty

Original dramatic works

Author of play

Composer

80

20

Dramatizations of works protected (not protected) copyright

Author of literary work

Author of dramatization

Composer

40

40

20

Dramatizations of works protected (not protected) copyright at translation of literary work.

Author of literary work

Author of dramatization

Translator of literary works (in the case of staging copyrighted translation of literary works)

Composer

30

35

15

20

Translations of dramatic works protected (not protected) copyright

Author of play

Translator

Composer

40

40

20

Opera

Composer

Author of libretto

choreographer

70

20

10

Opera in the translation of the libretto

composer

libretto

libretto translator

choreographer

70

15

5

10

ballet

composer

libretto

choreographer

70

5

25

Operettamusicalcomedy.musicale

Author of play

Composer

choreographer

45

45

10

Operetta, musical comedy, a musical with text translations

composer

Author of the play

The translator of the play

choreographer

45

25

20

10

 SectionIII

The distribution of royalties accrued

for the use of music (with or without text) and

dramatic works, coming for the concert,

dance, circus and other prefabricated programs

equal footing in the (small form)

7. The size of contributions to cover the costs related to fees, charges, distribution, payment of royalties for the public performance of works of small forms of 10protsentov with the amount of remuneration received from the payer.

8. The remaining amount of royalties distributed among the authors in equal footing as follows:

Genre (form) of the work Number of shares
Text/ Libretto Music
Aitysh 15  
intermission   5
Aria from the opera, operetta 3 6
Ballet in one act 9 35
Ballet in one act 9 35
Symphonic Ballad   20
Ballad for separate instruments   5
Ballad (song) 3 3
Variations symphony   35
Variations pop   5
Vivat 3 6
Vocalise   5
Entry to the circus or variety program, dramas   5
Dastan 15  
divertissement   20
Duet from the opera, operetta 3 6
sketches symphony   35
sideshow 15  
Cantata for chorus, soloists and orchestra 9 35
Cantata (one part) 3 6
Symphonic pictures   35
quartet   35
Quartet (one piece)   10
quintet   35
Quintet (one piece)   10
composition   5
Vocal and choreographic composition 8 20
Vocal and choreographic composition (one piece) 3 6
Concerto with orchestra   35
Concerto for Orchestra   35
Concert (one part)   10
concertina   20
entertainer 10  
Entertainer with music 10 3
kuu   20
Kayak, choor   10
Literary cycle (a poem, a story, a fairy tale) 10  
Literary cycle (poem, story) 10  
Manas epics Small 15  
mass 9 35
metamorphosis   5
monologue 10  
Music for the circus acts (for each musical number)   2
tunes   5
But No   35
Nonet (one piece)   35
octet   35
Octet (one piece)   10
Opera in one act 15 35
Opera (one act) 15 35
Operetta (musical comedy), one-act 20 20
Operetta (musical comedy) (one act) 20 20
oratorio 9 35
Oratorio (one piece) 3 6
Original music accompanying statement   3
pantomime   5
paraphrase   5
parody 3  
Partita   20
Partita (one piece)   5
Passacaglia   5
pastorale   5
Pastorale (one piece)   3
song 3 3
medley   5
symphonic Poem   35
Vocal-symphonic poem or multipart choral) 9 35
Vocal-symphonic poem (one piece) 3 6
prelude   3
Piece tool   3
symphonic Rhapsody   20
Rhapsody pop   5
Rasp 3 6
Requiem 9 35
Patter 5  
Recitative 3 6
Romance 3 3
Salamdashuu 15  
Satire 3  
Sextet   35
Sextet (one piece)   10
Septet   35
Septet (one piece)   10
Symphony   35
Symphony (one piece)   10
Symphony with text 9 35
Sinfonietta   35
Sinfonietta (one piece)   10
Sonata for one or more instruments   35
Sonata (one piece)   10
Sonatina   20
A scene from the opera 3 10
A scene from the ballet (pas de deux) 2 10
A scene from the operetta 6 6
Suite vocal and choreographic 8 20
Suite vocal and choreographic (one piece) 3 6
Suite vocal-symphonic (multipart) 9 35
Vocal-symphonic suite (one piece) 3 6
Suite for Brass Band   10
Suite for Brass Band (one piece)   3
Suite from the Ballet (for symphony orchestra)   20
Suite from the Ballet (for symphony orchestra) (one part)   6
Suite from the opera   35
Symphonic Suite   20
Symphonic Suite (one piece)   6
Dance Suite   10
Dance Suite (one piece)   3
Choral Suite 8 20
Choral Suite (one piece) 3 6
Suite pop   5
Dance   3
Terme 15  
Terzetto   35
Toccata   5
Toccatina   3
Trio tool   35
Trio (one piece)   10
The trio of operas, operettas 3 6
Triptych   9
Symphonic Overture   20

The overture to the ballet, opera, operetta 10

Overture to the circus or variety programs, films, dramatic performances 5

Symphonic Fantasia 20

Fantasy 5 pop

Feuilleton verses from March 10

Chorus March 6th

Ditty March 3

Sketches Symphony 35

Study 3

Chacon 10

Fragment (music) 3

extravaganza 5

fugue

10

The calculation of royalties by the formula:a(i) = S D(i), :

a(i) – authors royalties for 1 author;

S – the amount of payment for a concert minus the fee;

D(i) – authors share

n

D(i) = P(i) / E P(i), :

i

P(i) – пай i-го автора;

n – number of authors, whose works was performed in this concert

                                                                                Section IV

The distribution of royalties for the use of

of copyright and related rights organizations

broadcasting and cable

9. The size of contributions to cover the costs of the fees, charges, distribution, payment of royalties is 10 percent of the amount of remuneration received from the payer. Calculations are made on quarterly reports.

10. The remaining amount to pay copyright royalties distributed among authors and holders of property rights in accordance with the amount of a performance for the reporting period as follows:

40% – the author of the text;

40% – the author of music;

20% – the executor.

Section V

The distribution of royalties for the use

of copyright and related rights incoming without report on used works.

11The size of contributions to cover the costs related to fees, charges, distribution, payment of royalties for the use of copyright and related rights, received no report about the used products is 10 percent of the amount of remuneration received from the payer.

12. In this case, payers are legal entities and individuals included in the category of taxpayers who have paid a royalty for the use of copyright and related rights, but for objective reasons can not provide a report about the used products.

13. The distribution is as follows:

Royalties received no reports, summed and divided by the consolidated annual accounts of broadcasting and cable broadcasting as a percentage depending on the amount of calculation of royalties each organization broadcasting and cable.

14. Further distribution of royalties is made in accordance with Section IV of this Regulation.

Section VI

The distribution of royalties accrued

for the use of music (with or without text)

and dramatic works coming

from the reproduction and distribution promulgated

products in the form of a sound recording,

in equal footing (Short Form)

15. The amount of remuneration for the use of music (with or without text), and dramatic works, coming from the reproduction and distribution of published works in the form of a sound recording is distributed among the authors in equal footing similar to section III of this Regulation.

 
 

Regulation of work of Work Group on developing of normative legal acts at Scientific and Technical Council of the State Service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent) - Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of August 12, 2013 № 135

Approved by decision of Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of August 6, 2013О № 5

 

Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic of August 12, 2013 № 135

Regulation

of work of Work Group on developing of normative legal acts at Scientific and Technical Council of the State Service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

Rules of Procedure of the Working Group under the Scientific and Technical Council of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the development of normative legal acts (hereinafter – Regulations) regulates the legal status, powers, functions and procedure of the Working Group under the Scientific and Technical Council of the State Intellectual Property Service Innovation and the Government of the Kyrgyz Republic on the development of regulations (hereinafter – Working Group).

This Regulation is designed in accordance with the Regulations of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 20, 2012, № 131.

I.Generalprovisions

1. The Working Group is an advisory body to consider at its meeting, the draft acts designed to improve the legislation and activities of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (hereinafter – Kyrgyzpatent) in the relevant field.

2. The Working Group is guided by the Constitution and laws of the Kyrgyz Republic, decrees and orders of the President of the Kyrgyz Republic, resolutions of the Jogorku Kenesh of the Kyrgyz Republic, decrees and orders of the Government of the Kyrgyz Republic, international treaties and agreements, which came into force in the prescribed manner, a party which the Kyrgyz Republic, other normative legal acts of the Kyrgyz Republic and the present Regulations.

II. The main tasks and functions of the Working Group

3. The main objective of the Working Group is to improve the legislation in the field of intellectual property and innovation.

4. In order to fulfill its task, the Working Group shall perform the following functions:

– Considers designed structural divisions and subordinate organizations of Kyrgyzpatent draft acts in the field of intellectual property and innovation received from relevant departments of Kyrgyzpatent;

– Consider proposals on improving acts in the field of intellectual property and innovation received from departments and subordinate organizations of Kyrgyzpatent;

 – Asks the departments and subordinate organizations of Kyrgyzpatent additional materials in order to undertake a full and comprehensive study of the project is considered acts;

 – Decides on the approval and introduction of instruments to the Scientific and Technical Council of Kyrgyzpatent (hereinafter LHV), or on their return on completion;

– Make recommendations (if necessary) structural units and subordinate organizations of Kyrgyzpatent by the Working Group on.

III. The composition of the Working Group

5. Members of the Working Group shall be approved by order of the Chairman of Kyrgyzpatent. The working group includes representatives of the structural subdivisions of Kyrgyzpatent.

6. The Working Group is conducted on an ongoing basis and may be terminated only on the basis of the order of the Chairman of Kyrgyzpatent.

7. The Head of the Working Group appointed Chairman of Kyrgyzpatent, deputy elected at the first meeting of the Working Group from among its members. The powers of the members of the Working Group may be terminated at their personal request, with the corresponding valid reasons or for failure to fulfill their duties.

8. To participate in the Working Group may be involved (by agreement) employees of departments and subordinate organizations of Kyrgyzpatent, as well as representatives of state bodies, public organizations and independent experts.

IV. Executive Secretary of the Working Group

9. The Secretary of the Working Group in its activities:

– Requests from the heads of departments and subordinate organizations of Kyrgyzpatent either direct executors additional documents to clarify, additions or changes to be considered at the meeting of the Working Group issues;

– Returns the materials do not meet the requirements that are binding on all structural units and subordinate organizations of Kyrgyzpatent;

– Conducts clerical Working Group;

– Preparing the relevant documents for the discussion at the Working Group issues.

V. Preparation of materials for the meeting

10. The Working Group for each project act of preparing the relevant documents.

Documents submitted to the Working Group must necessarily contain:

– A memo about the direction of the project (s) act (s) to the Working Group, with an indication of the application;

– FAQ – contributed to the project justify the act signed by head of the department / subordinate organizations, bringing the matter to the, which is a summary and explanation of the need for his removal, and the document itself;

– A draft act under consideration by the Working Group;

– A comparative table to the project made by the regulatory legal act consisting of current and proposed wording introduced by a draft regulatory act, indicating the rationale for each item.

If necessary, the project introduced by the act to submit additional materials prepared in the course of its development.

Projects acts included in the agenda sent to the members of the Working Group in an electronic format to the address «patent.kg».

11. Projects made without complying with the requirements specified in this paragraph shall be returned to the executor (structural subdivision / subordinate organizations), the Secretary of the Working Group on completion. Draft acts in which materials are not submitted within the established deadlines by this Regulation may be included in the agenda of the meeting of the Working Group with the permission of the head of the Working Group, by putting them visas on a project introduced by the act.

VI. The organization and procedure of the work

12. Meetings of the Working Group are held when necessary, but at least one (1) once a month. The quorum for a meeting of the Working Group is at least 1/2 (one half) of its strength. In voting, each member of the Working Group shall have one vote.

Decisions are taken by a majority vote of those present, but in the presence of interested members of the Working Group on the issue. In their absence, the issue on the agenda of the meeting of the Working Group postponed to the next meeting.

Draft acts on the working group made seven (7) calendar days, for inclusion in the agenda of the meeting of the working group.

13. The draft agenda of the meeting of the Working Group no later than five (5) calendar days prior to the date of the meeting, the relevant materials submitted to the head of the Working Group, with the subsequent mailing of the Working Group members and interested parties of documents included in the agenda of its meetings .

14. Members of the Working Group, invited persons (by agreement) notice of the place, date and time of the meeting of the Working Group, no later than three (3) calendar days prior to the date of its implementation.

15. The draft agenda of the meeting of the Working Group to the next meeting shall be approved at the meeting by a majority vote of the members present of the Working Group.

16. The draft acts approved by the Working Group, introduced the head of the working group to the NTS in the prescribed manner.

17. In case of disagreement, any of the members of the Working Group with insertion draft acts, their comments and suggestions are made in the form of a dissenting opinion attached to the project, and the Working Group acts in the direction to the STC.

VII. The activity of the Working Group

18. Head of Work Group:

– headed with activity of the Work Group;

-defines the agenda of the meeting and defines date of it

Meeting of the Work group;

– Presides over the meetings of the Working Group;

– Sign the minutes of the meetings of the Working Group;

– Is at a meeting of the STRP draft acts considered by the Working Group and informed of the decision of the Working Group;

– Exercises control over the activities of the Working Group and the execution of its decisions.

Head of the working group is a member of the NTS.

In the absence of the Head of the Working Group of its functions are performed by the Deputy Head of the Working Group.

V. The rights and obligations of the members of the Working Group

19. The members are entitled to:

– To make proposals on the draft regulations;

– To participate in all discussions at the meetings of the Working Group;

– Under special objections or comments are entitled to submit, in writing his dissenting opinion, which is reflected in the minutes of the meeting of the Working Group;

– The head of the Working Group to make proposals for issues to be considered at the meeting.

20. The Working Group must:

– To attend the meetings of the Working Group, participate in discussions of the agenda of the Working Group and adoption of decisions on them;

– To get acquainted with the projects of acts included in the agenda of the meeting of the Working Group;

– No later than 1 December of the current year, to make proposals for a work plan of the Working Group for the next year, by giving the name of the head of the working group of the relevant memo, which shall include the grounds for its necessity;

– If you can not attend the meeting of the Working Group in advance to notify your supervisor and the secretary of the working group;

21. The decisions of the Working Group in the protocol. Minutes of the meeting of the Working Group prepared by the Registrar appointed by the head of the Working Group. Minutes of the meeting of the Working Group shall be signed by the Head and the Secretary of the Working Group.

22. The minutes of the meeting of the Working Group shall include:

-Date and time of the meeting of the Working Group;

– Personal composition present at a meeting of its Working Group members and other persons participating in the meeting of the Working Group;

– The issues at stake;

-zamechaniya and offers (if available) of the Working Group on the issues being considered at a meeting of the Working Group issues;

– decisions taken on the issues of the meeting of the Working Group;

– Dissenting opinion (if any) involved in the Working Group entities.

23. If necessary, the decision of the Working Group are communicated to the participants at the meeting of persons in the form of extracts from the minutes of the meeting of the Working Group or a copy of the minutes.

24. Changes and additions to these Rules shall be made by the Working Group.

The Order of record keeping on application for register of the Firm Name - Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of December 5, 2014 № 180

Approved by decision of Science and Technical Council of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of December 5,2014

№ 13

  Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of December 5, 2014

№ 180

The Order of record keeping on application for register of the Firm Name

This procedure governs the sequence of processing of an application for registration of a firm name in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic (hereinafter – Kyrgyzpatent) and establishes the requirements for its business units to optimize the organization of their interaction.

I. General provisions

1. List of abbreviators

Kyrgyzpatent – State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

Law – Law f the Kyrgyz Republic “On Firm Names”;

Rules – Rules of filing, review and consideration of application for registration of the Firm Names, approving by resolution of the Government of the KR of November 29, 2011№ 746;

The procedure for maintaining the State Register – Order of the State register of trade names of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

Regulation on Fees – Regulations on Fees for the registration of trade names, approved by Decree of the Government of the Kyrgyz Republic on June 9, 2000 № 330;

The treatment of taxes and fees – The treatment of fees and charges of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of Kyrgyzpatent on July 11, 2013 №119;

Application – a package of documents, including a statement claimed corporate name and description, a list of activities for which registration is sought, a copy of the statistical registration card;

Application – Application for register of the Firm Name;

SCTEA – State Classification of the KR “Types of economic activity”;

NICEO – Nationwide identification code of enterprises and organizations;

Expert division – Division Department of trademark examination;

State register division – Division of state register;

State register – State register of the Firm Names of the Kyrgyz Republic;

Archive –  Archive of the Kyrgyzpatent.

II. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office directly by the applicant, his representative or patent attorney or be sent by mail.

Upon receipt of the application:

– To check whether the documents submitted its list in the application;

– Counts the total number of sheets of the application materials;

– An entry in the “Journal of registration of applications for brand names” HR and records management;

– In the application form, in the “Incoming №” affixed assigned application materials:

– Incoming number;

– The date of receipt.

On the application form stamped and stamped Kyrgyzpatent entering the application number and the date of receipt of the application.

Example:

 Income № 451 / 04.02.2014

3. The applicant or his representative shall be issued a receipt of acceptance of the application materials, indicating the number of pages of documents received incoming number, the date of their receipt (the second paragraph of paragraph 21 of the Regulations). Receipt signed by an employee of the personnel department and office and secures the signature stamp stationery Kyrgyzpatent.

4. In addition, the materials received are recorded by the personnel department and office in the “Journal of registration of additional materials.” In an additional document stamped Kyrgyzpatent shall assign an incoming number and date of receipt of the document.

Checking the presence of additional materials:

– The application number;

– The signature of the applicant;

– A list of the documents submitted.

5. Registered Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of fee

Document on payment of fee is a copy of the payment order, which has the stamp of the bank for payment or bank receipt for the payment of duties in cash or by transfer to the account (second paragraph of paragraph 6 of the Statute on Fees).

Acceptance of the document on the payment of fees by the applicant carries out the personnel department and office, and the registration document made for the payment of duties in the “Journal of registration of the payment of fees,” awarding him the incoming number.

After registration document on payment of fee in the “Journal registration fees”, the document puts it in the incoming number and transmitted to the financial-economic sector with putting in the appropriate journal and date of signature of the host administration.

6. Financial and economic sectors shall record receipt of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

7. Registered in the personnel department and records management application materials are transferred to the expert department within one working day.

Upon receipt of the application:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for brand names” HR and records management;

– The signature and the date;

– Details of the application are recorded in the “Journal of registration of trade names”;

– Bibliographic data of the application shall be entered in a database of trade names.

III. Examination of the company name

8. Examination of a trade name shall be held within fifteen working days of receipt of the application by Kyrgyzpatent upon payment of the prescribed fee (the third paragraph of paragraph 21 of the Regulations).

In case of extension of the deadline for submission of missing and corrected documents requested by the examiner, the calculation of the period of the examination in accordance with Part 4 of Article 9 of the Act begins on the date of receipt of these documents.

9. The examination is held in two stages (paragraph 23 of the Rules):

– The first phase of the contents of required documents and their compliance with statutory requirements;

– The second stage of compliance of the claimed trade name the requirements of Article 4 and 5 of the Act.

10. In the first stage examination of the submissions and the application checks for compliance with the requirements set forth in paragraph 8, paragraph 24 of the Rules of subsections:

– Application (subparagraph (a, b));

– Say the brand name and its description (subparagraph (c));

– A list of activities of the legal entity for which registration is sought (subparagraph (d));

– Name and address of the patent agent or representative of the applicant (subparagraph (d));

– A document confirming payment of the fee for filing and examination of company name in the prescribed amount (subparagraph (e));

– A copy of certificate of state registration as a legal entity (subparagraph (g));

– A certified copy of the statistical registration card (fifth paragraph of paragraph 8 of the Rules);

and in the presence:

– Power of attorney issued by the foreign applicant certifying authority of his patent attorney or a copy of a power of attorney, duly certified (subparagraph (i) of paragraph 24, paragraph 8);

– Transfer of the application or attached documents filed in the national or official languages (subparagraph (h));

11. Date of filing the application with Kyrgyzpatent is set in the presence of the documents submitted:

– Statement indicating the applicant, as well as its location;

– Say the brand name and its description;

– A list of the form (s) of activity for which (s) registration is sought;

– A document confirming payment of the fee for filing an application for registration and examination of the company name in the prescribed amount;

– A copy of certificate of state registration as a legal entity (subparagraph (g) of paragraph 24 of the Rules);

The filing date is put in the “Filing Date” application form.

For example:

Filing Date 02.04.2014

In establishing the date of filing at the same time state registration number assigned to the application – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the number “nine” after the point – the symbol of a trade name (paragraph 21 of the Rules).

State registration number is affixed in the “State Room. Registration” application form.

For example:

Number of state. of registration

20140352.9

12. Once you’ve assigned the state registration number application, the examiner makes a bibliographic application data into an electronic database of trade names.

13. The priority of a trade name is established by the filing date of an application with Kyrgyzpatent to register the trade name, ie with the mandatory presence of an application for registration of a trade name, with an indication of the applicant claimed the company name and its description, the list of activities for which registration is sought, the document confirming payment of the prescribed fee, a copy of the certificate of state registration as a legal entity (the eleventh paragraph of point 24 of the Rules ).

If the applicant makes to the application materials additions, corrections and clarifications, changing the essence of corporate name (company name changed), the priority shall be determined by the date of receipt of a request for additions and corrections to the application materials (the third paragraph of paragraph 14 of the Regulations).

14. If during the examination it is established that the application is framed in violation of its documents established by paragraphs 8, 11 and 24 of the Rules, the applicant shall (paragraph 25 of the Rules) missing or corrected materials (Form FN-1), which is fixed at ” Journal of Human Resources and paperwork. ” The answer to the request is submitted within ten working days from the date of receipt of the request, and recorded in the appropriate register.

Deadline for submission by the applicant of required materials can be extended by two months at the request of the applicant, subject to receipt of the application before the expiration of ten days from the date of receipt of the request and payment of a fee (paragraph 18 of the Rules).

If the response submitted by the applicant does not contain the full requested information or documents, it can be sent to the request (paragraph 25 of the Regulations)

If the applicant violated the established term and has not submitted an application to extend it or leave request of the examination unanswered, the application is deemed to be withdrawn (third paragraph of paragraph 26 of the Rules), and the applicant is sent a notice (Form FN-6).

Prosecution of the application is terminated. The application materials are sent to the archive.

15. The prosecution of the application can be extended in the case of an applicant’s request for reinstatement within the time period provided for in Article 16 of the Law, provided that valid reasons for which the deadline was missed, and subject to payment of a fee (paragraph 19 of the Rules).

If it is determined that the application submitted after the deadline, or no valid reasons for which the deadline was missed, or not presented a document on the payment of fees, the petition is not satisfied and the applicant shall be notified (Form FN-2), which is fixed at “Journal of registration of notices, decisions, requests” the personnel department and office.

16. Before the adoption of the decision at the request of the applicant shall have the right to make additions, corrections and clarifications to the application documents (paragraph 14 of the Rules).

To this end, the applicant filed with Kyrgyzpatent the following documents:

– Request to make additions and corrections to the application materials;

– A document confirming payment of fees for the examination and submission of the applicant’s initiative additions and corrections to the application materials.

To request to change the name of the applicant accompanied by proof of these changes.

If you receive additional materials submitted by the applicant on its own initiative or upon request, to verify if they do not change the substance of the brand name (the fourth paragraph of paragraph 26 of the Regulations). In the case of changing the essence of (company name changed) additionally paid fees for the examination of the new brand name (the fourth paragraph of paragraph 14 of the Rules) and submitted a copy of the certificate on the state re-registration of legal entity in the Ministry of Justice.

17. When checking the activities of the legal person in accordance with paragraph 27 of the Rules shall be established:

– Compliance specified in the application activity certificate of state registration;

18. During the second phase of the examination of a trade name stated company name is checked for the absence of grounds for refusal to register the trade name, in accordance with Articles 4 and 5 of the Act (paragraph 28 of the Rules).

19. When checking for a match, and the similarities, the following steps:

– Conducted search and matching similar brand names;

– Is determined by the degree of similarity statement and identified during the search of a trade name (subparagraph (1) of paragraph 29 of the Rules).

20. In accordance with subsection (2) of paragraph 29 of the Rules search for a match and confusingly similar to the held among:

– Trade names, declared for registration Kyrgyzpatent with an earlier priority in the name of another person. It does not take into account trade names, application for registration which is considered withdrawn, and the application for which a decision on the refusal, the possibility of contesting the possession of which or application for which to the applicants were notified of the impossibility of registration of trade names in connection with non-payment or late payment of the fee for registration of a trade name, and issue the certificate to him;

– Trademarks, including brand names (or part thereof) of other owners of well-known trademarks protected in the territory of the Kyrgyz Republic;

– Data from the State Register of Legal Entities of the Ministry of Justice of the Kyrgyz Republic;

– Data of the General Directorate of Free Economic Zones.

Verbal trade names are compared:

– With verbal brand names as trade names and trademarks verbal designation;

– With combined Trademark in compositions that include verbal elements.

The similarities may be trade names sound (phonetic) and semantic (semantic).

Sound (phonetic) is set based on the similarity:

– The availability of matching syllables and their location;

– The availability of similar or identical sounds comparable brand names;

– Situated close sounds and sound combinations in relation to each other;

– Places matching sound combinations as part of a trade name;

– Proximity to the sounds that make up the company’s name;

– Proximity to the composition of vowels, consonants close-ended;

– Stress;

– The nature of the same portions of brand names;

– Entering a brand name to another.

Meaning (semantic) similarity is determined on the basis of:

– Similarity laid down in the trade names of concepts, ideas;

– Matches an element of a trade name, which falls logical stress, which has an independent significance;

– Opposites inherent in the brand names of concepts and ideas.

These factors can be considered as the individually and in various combinations (paragraph (2) of paragraph 29 of the Rules).

By conducting a search is made, the search report (Form FN-7).

21. If the search found identical and similar company names, their degree of similarity is determined in accordance with paragraph 20 of this Order.

22. In accordance with Paragraph 7 of Article 7 of the application may be withdrawn at the request of the applicant at any stage of its consideration.

Application deemed to be withdrawn from the date of notification to the applicant (Form FN-3) for making this application note (the first paragraph of paragraph 20 of the Regulations).

23. If the relevant statements of brand name requirements established by Articles 4 and 5 of the Act and the right to make the decision to register the trade name (Form FN-4).

Expert Division prepares a decision in three copies, fix it in the “Journal of registration of trade names” and transmits to the personnel department and office, where each copy stamped with details – outgoing number and date. One copy is sent to the applicant, the other transferred to the expert department.

In the decision the applicant shall be notified of the need to submit a document confirming payment of the fee for registration, publication and issue of a certificate to a company name, within ten days from the date of receipt of the decision and the amount of duty.

In accordance with paragraph 6 of section II of the Regulation on Fees document on payment of duty may be submitted within one month from the date of the expiration of the ten-day period with the payment of an additional fee.

In accordance with paragraph 2 of Article 11 of the Act, if the application for a trade mark which is identical or confusingly similar to a trade name, which had already made a positive decision, came from convention or exhibition priority, the decision is in the business name is canceled.

The application materials included in the database of trade names.

24. If the examination finding is that the company name does not meet the requirements of Article 4, Article 5 of the decision on refusal to register the trade name (Form FN-5). This decision shall be made in three copies, one of which is sent to the applicant.

The decision to refuse to register a trade name are grounds for refusal of registration.

25. The applicant, in case of disagreement with the decision of the examination, shall be entitled to one month from the date of receipt of the decision to file an appeal with the Board of Appeal (paragraph 32 of the Regulations).

In the case of the opposition examination application materials issued by the Secretary of the Appeals Board.

In the case of issuance by the Board of Appeal of Kyrgyzpatent decision to cancel the examination decision to register the trade name, the application materials with a certified copy of the decision of the Appellate Council of Kyrgyzpatent transferred to the Department of State Register.

In case of issue of Appeal Board of the Kyrgyzpatent decision on decision of expertise on refusing of registration of Firm Name materials transferred to archive of the Kyrgyzpatent.

The decision of the Appellate Council of Kyrgyzpatent may be appealed in court by the applicant within six months from the date of the decision. (Fourth paragraph of paragraph 32 of the Regulations).

IV. Preparation of materials for the registration and publication of company name

26. Expert Department after the decision on the registration of a trade name shall transfer the application materials to the department of the state registry, fixing the fact of transmission in the “Journal of registration of trade names of the expert department.”

27. Department of the State Register shall receive application materials and records the fact of receiving the corresponding magazine.

In accordance with paragraph 6 of section II of the Regulation on Fees document confirming payment of the fee for registration, publication and issue of a certificate to a company name appears in the personnel department and the office within ten days from the date of receipt of the decision to register the trade name or within a month the expiration of the ten-day period upon payment of an additional fee.

If the applicant fails to submit a document confirming payment of fees, a trade name registration and issuance of certificate it is not produced.

If the conditions set by the legislation complied with the payment of taxes, the state registry department within ten days:

– Assigns a number to register the trade name;

– Making a company name in the State Register in accordance with the requirements concerning the conduct of the State Register;

– Prints the registry sheets

– Transmits sets of documents and registry lists in paper and electronic form to the Office of the preparation of materials and printing. The transfer is made doshestogo of each month of the year.

28. Management training materials and printing produces reception of documents, including Roster sheet.

Reception of documents is carried out prior to the sixth day of each month of the year to lock in the reception of the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Formatting material for publication;

– Text editing, translation into the state language;

– Coordination with the experts;

– Submission to the leadership of Kyrgyzpatent;

– The transfer of the layout of the official bulletin in graphic arts department.

Printing Department receives material replicates the number of official monthly newsletter.

V. Giving of certificate

29. After publication information on registration of firm names in official bulletin to state register division prepare certificates which transferred to division personality by acts of transferring of the documents.One copy of the acts keeping in the state register.

30. In accordance with part 1 of article 14 of the Law amendments and additions to the State register produced at the request of the owner of a trade name filed in the personnel department and office.

An application for amendments and additions to the State Register, decorated in any form shall be attached:

– The original of the certificate;

– Document on payment of fee;

– Power of attorney issued by the owner of a patent attorney or representative, if the application is submitted through it.

To request to change the name of the owner document confirming the changes.

31. Human Resources office and sends the document on the payment of duties in the financial and economic sector, and other documents to the Department of State Register.

The financial and economic sector checks the document on the payment of duties and sends a copy to the Department of State Register.

Documents in the department of the State Register shall be considered within seven days from the date of receipt of the application.

Department of the State Register shall enter the information about the change in the registration of trade names in the State Register in accordance with the requirements of the Order of conducting the State Register (Appendix 7).

Date of information in the State Register of a change in registration shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 30 of this Order or the date of receipt of the last of them, if they were not present at the same time.

In case of incorrect paperwork sent to the owner of a trade name query.

If within ten working days from the date of receipt of the request the owner had not submitted the missing or corrected documents, the changes are not made in the State Register.

In the case of approval of the application changes are made in the State Register and the additional sheet to the certificate, the certificate amended, is sent to the address of the owner of the trade name, patent attorney or representative.

In the event of refusal to comply with requests for amendments and additions, the witness returned to the owner.

32. Information about the changes and additions to the registration of a trade name, made in the State Register shall be published in the Official Bulletin of Kyrgyzpatent within one month from the date of their inclusion in the State Register.

33. The validity of the certificate shall be terminated:

– At the request of the owner to waive the exclusive rights to a company name;

– In the event of liquidation of the legal entity or change its corporate name;

– By decision of the Board of Appeal if it was not appealed in court;

– By the court.

In the event of termination of the legal person concerned registration authority of legal entities are obliged to inform Kyrgyzpatent within ten days after receipt of relevant information.

34. The Department monitors the elimination of the state registry of legal entities, business name which is registered, and, if any, shall enter the information on the termination of the registration of a trade name in the State Register.

Information on the termination of the registration of a trade name shall be published in the Official Gazette.

35. In case of disagreement with the registration of a trade name, any person has the right to apply to the Board of Appeals of Kyrgyzpatent reasoned objection against the registration of a trade name.

In the case of the opposition examination application materials issued by the Secretary of the Appeals Board of Kyrgyzpatent.

In making the Board of Appeal decision on the recognition of a trade name registration valid, a decision to register a trade name with a certified copy of the decision of the Appellate Council of Kyrgyzpatent returns to the state registry department.

In making the Board of Appeal decision to recognize the registration of a trade name invalid, the decision to register a trade name with a certified copy of the decision of the Appellate Council of Kyrgyzpatent returns to the state registry department, for onward transmission to the archive.

In the case of filing a lawsuit in a court application materials issued by the representative of Kyrgyzpatent in court.

VI. Storing applications

36. Storage of materials applications for brand names for positive decisions by IT department of the State Register, exemption and withdrawn applications are transmitted and stored in the archive, in the reach of unauthorized persons, and in conditions ensuring the prevention of theft, loss, distortion, forgery of the information contained therein. Depending on the stage of the application provided the following requirements for the transfer of materials for storage applications and storage.

37. The application was withdrawn at the applicant’s request after sending the notification to the applicant (Form FN-3) is fixed by the expert in the “Journal of the Department for the transmission of applications for registration of trade names in the archive” and for one month is transferred to the archive.

38. The application was withdrawn due to failure to submit the requested materials after sending the notification of withdrawal of the applicant (Form FN-6) is fixed by the expert in the “Journal of the transmission of applications for registration of trade names in the archive” and transferred to the archive.

39. Application to the decision to refuse registration of a trade name is fixed an expert in “Journal of the transmission of applications for registration of trade names in the file” and for a week passed in the archives

40. In case of receipt of the applicant’s claim to the court, the application materials from the archives of the outstanding representatives of Kyrgyzpatent in court. If you cancel the court decision of the Appeals Board application materials are sent to the expert department. If the court’s decision on the abandonment of the Board of Appeal decision in force application materials are returned to the archive.

41. In the case of payment of the fee by the applicant (the maximum term of a document confirming payment of the fee for registration, publication and issue of a certificate – forty days) department of the State Register shall register the trade name, passes the necessary materials for the publication.

In the case of non-payment of fees by the applicant for registration, publication and issue of a certificate the state registry department sends application materials in the archives.

42. In case of liquidation of the legal entity or the change of its corporate name, the state registry department sends application materials in the archives.

43. Access to the archive is available to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Staff of the Office of law;

– The staff of the State Register.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

44. Content of applications in long-term storage archive is located not more than twenty-five years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The order on record keeping on application for registration of objects of Copyright and Related rights - Approved by order of the State service of intellectual property and innovation under the Government of the KR of February 18, 2014 N 25

Approved by decision of Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic of January 31, 2014 N 7

 

Approved by order of the State service of intellectual property and  innovation under the Government of the KR of February 18, 2014 N 25

The order on record keeping on application for registration of objects of Copyright and Related rights. 

I. The Order on record keeping on application for registration of objects of Copyright

This procedure governs the sequence of processing of an application for the registration of copyright and related rights in the object of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction

1.      List of abbreviations

Kyrgyzpatent  – State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

Law  – Law of the Kyrgyz Republic “On Copyright and Related rights”;

Order  – The order on record keeping on application for registration of objects of Copyright and Related rights;

Rules  – Rules of filing, consideration and review of the application for registration of objects of the copyrights and related rights approved by resolution of the Government of the KR of November 29, 2011 № 748;

Application – Application for registration of objects of copyright and related rights;

Sector – Sector of objects of authors rights;

State register – The State register of objects of copyrights in KR;

Regulation on Fees – Regulations on fees for registration of copyright, related rights and copyright agreements, approved by the Decree of the Government of the Kyrgyz Republic on May 14, 1999 № 260;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013 № 119;

The procedure for maintaining the State Register – Order of the State Register of Copyright of the Kyrgyz Republic, the procedure for maintaining the State Register of objects of related rights of the Kyrgyz Republic approved by the Decree of the Government of the Kyrgyz Republic on February 29, 2012 № 155. 

2. Receiving of application

1. The application is submitted to the personnel department and the office directly by the applicant or a representative or sent by mail.

An application is accepted only in the case when it contains a complete set of the documents listed in paragraph 6Pravil.

Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted its list in the application;

– An entry in the “Journal of registration of applications for registration of copyright,” HR and records management;

– Filled in the column “Date of application” and “Incoming number” application form.

For example:

 

04.12.2013

Date of filing of the application

 

2314

Income №

 

_____________________

Registered

            The applicant or his representative shall be issued a certificate of acceptance of the application materials indicating the incoming number, date of filing and the list of accepted materials. Help the employee signs the personnel department and office.

2.Zaregistrirovannye in the personnel department and records management application materials are tested for the presence of the document confirming payment of the registration fee.

The document confirming payment fees is a copy of the payment order, which has the stamp of the bank for payment or bank receipt of payment of the fee in cash or by transfer to the account (paragraph 8 of the Assembly).

Receiving a document confirming payment of the registration fee from the applicant carries out the personnel department and office, is produced at the same time:

– Registration of the document on the payment of the registration fee in the “Journal registration payment of registration fees”;

– The transfer of the document confirming payment of the registration fee in the financial and economic sectors putting in the above journal and the date of signature of the host administration.

The financial and economic sector shall record the payment of fees, deposit of instruments of payment of registration fees and act in accordance with the accounting for taxes and fees.

3.Registered in the personnel department and records management application materials are transferred to the sector of copyright day of their receipt.

Upon receipt of the application sectors:

– To check whether the number of documents transmitted, recorded in the register of applications;

– The signature and the date in the aforementioned magazine;

– Details of the application are recorded in the “Journal of registration of applications.”

Application is assigned a registration number – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the number “ten” – the symbol of the object of copyright, which is entered in the application form.

For example:

 

______________

Date of filing application

 

_______________

Income№

 

20130160.10

Registered N

4.Materialy applications are considered within fifteen days. During this time, the applicant shall have the right to add, clarify, correct the application materials (para 12Pravil).

In case of sending the applicant to the request (Form A-1), the term of consideration of the application shall be extended accordingly for fifteen days.

When testing materials of application checking availability of documents, including:

– The application for registration of copyright (paragraph 6 of the Rules);

– One copy of the deposited material or a copy (paragraph 6 of the Rules);

– Copy of the passport of the author (s);

– A copy of the payment order, which has the stamp of the bank on the payment or bank receipt for payment of the collection or transfer of cash from the account (paragraph 8 of the Regulations on fees);

– A document confirming that the representation of the object of copyright is not an official or established by agreement of the order (if necessary).

If necessary, the following documents:

– A certified copy of the document certifying the property rights if the holder of the rights is not the author (para 6Rules);

– Documents to release or reduce the registration fee in accordance with the following paragraphs of the Regulation on fees:

– Certificate of the participant of the Great Patriotic War and persons of civilian staff (paragraph 6.7);

– Certificate of medical-labor expert commission (item 7);

– A copy of pension certificate (item 7);

– A document issued by an educational institution or scientific institution (item 7);

– A document confirming the right of a small business at a reduced rate, indicating the number of workers (point 4) (eg certificate from the social fund or the tax office or the like.);

– A copy of certificate of state registration of non-profit organizations (paragraph 3);

– power of attorney for the representative of the (literary agent, a music agent, and others.), executed in accordance with the legislation of the Kyrgyz Republic, if the application is filed through a representative (paragraph 4, 6 of the Rules).

5. Check the validity of the document is checked in accordance with the items listed in the Regulation:

– The application for registration of copyright in state or official language (paragraph 9);

– Deposited materials (paragraph 10):

– Literary, dramatic, musical, dramatic, scenic, musical works (paragraph (1));

– Choreographic works and pantomimes (paragraph (2));

– Works of fine, decorative and applied arts and scenario (paragraph (3));

– Works of architecture, urban planning and landscape art (paragraph (4));

– Audiovisual works (paragraph (5));

– Slide films (paragraph (6));

– Geographical, geological and other maps, plans, sketches and plastic works relating to geography, topography and other sciences (paragraph (7)).

6.Proverka conformity of the declared object objects of copyright is made according to Article 7 of the Act.

7.Po application filed in violation of the requirements, send the request (Form A-1) to the applicant with a proposal within fifteen days from the date of receipt of the request to eliminate the deficiencies (para 12Pravil). Requests and responses are recorded in the respective applicants magazines sector and human resources and office management.

If the applicant within the prescribed period does not eliminate the deficiencies, the application is considered withdrawn. The applicant shall be notified (Form A-2) recorded in the journal of the personnel department and office.

8. If as a result of the application found that the object submitted for registration does not apply to objects of copyright, the sector makes a decision to refuse registration of the copyright (Form A-3) in two copies. The decision is recorded in the Journal of the sector and sent to the personnel department and office.

Human resources and office management solution captures the magazine department and on every copy of the decision shall stamp indicating the outgoing number and date, one copy sent to the applicant, and the second – is attached to the application materials.

At the request of the applicant deposited materials may be returned to the applicant.

9.In result of review of application If as a result of the application found that the object presented for registration refers to the objects of copyright, the sector makes a decision on the registration of the copyright (Form A-4) in triplicate. The decision is recorded in the Journal of the sector and sent to the personnel department and office.

Human resources and office management solution captures the magazine department and on every copy of the decision shall be stamped with the indication of the outgoing number and date of the first copy is transmitted to the Department of State Register, together with a copy of the document confirming payment of the registration fee, the second is sent to the applicant, and the third is attached to the application materials.

After the decision on registration of the copyright information on the application shall be entered in the electronic database “Register of copyright and related rights.”

10.Otdel state registry receives a decision on registration of the copyright, checks the validity of the payment collection and making the object of copyright in the State Register in accordance with the requirements of paragraph 1 of the Order of the State Register.

Within ten working days from the date of the decision on the registration of copyright and its registration in the personnel department and office, Department of State Register Certificate prepares the approved form. Issuance of the certificate carried by the personnel department and office.

Issuance of duplicate certificate is carried out at the request of the right holder a certificate stating the reason. Application in any form is served in the personnel department and the office of the following documents:

– A document confirming payment of the fee for issuing a duplicate certificate;

– Instrument of succession (if necessary);

– Power of attorney to the representative, if the application is filed through a representative.

Human Resources Department office records and document confirming payment of fee in the magazine and transfers it to the financial and economic sector, and other documents to the Department of State Register.

The financial and economic sektorosuschestvlyaet receive a document confirming payment of the registration fee, and act in accordance with the accounting for taxes and fees.

State Register Department prepares a duplicate certificate in accordance with the requirements of subparagraph 4 of paragraph 4 of the Order of the State Register of Copyright.

11. Copyright registration is subject to the following changes:

– The name of the object of copyright;

– The composition of the authors;

– Data on the legal owner (s);

– Data about the successor (s);

– Belonging to the organization of collective management of property rights.

Changes to the Copyright registration made on the application of the right holder in any form, submitted to the Human Resources Department and the office of the following documents:

– The original of the certificate of registration of the copyright;

– document on payment fees for amendments and additions to state register;

– document on amendments;

– power of attorney to the representative, if the application is filed through a representative.

12. Human Resources office and sends the document on the payment of fee in the financial and economic sector, and other documents to the Department of State Register.

The financial and economic sector verifies receipt of payment of the fee and passes and a copy to the Department of State Register.

Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on changes in registration in accordance with the requirements of section 2 of Annex 12 of the Procedure of the State Register.

Date of information in the State Register of a change in registration shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 3 of section 1 of Schedule 12 or date of receipt of the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the right holder is sent a corresponding request.

13.Po request information on the registered legal owner of copyright objects may be published in the Official Bulletin of Kyrgyzpatent (paragraph 15Pravil).

To do this, the right holder shall submit to the personnel department and records management application in any form with the application annotation object of copyright.

The abstract summarizes the content of the work. The average volume of text annotation should not exceed 1000 printed characters, and depending on the type of work can include a photo of the work.

The sector agrees with the content of the copyright annotation and prepares to publish information containing:

– Number of the certificate;

– The registration number of the application;

– The date of application;

– The name of the author (s);

– The name or the name of the copyright owner;

– The name of the product;

– Annotation.

Data transmitted for publication in department of prepare  materials and printing. Reception of documents is carried out prior to the sixth day of every month with the fixation of the reception of the journal of accounting and control of materials for publication.

Department of training materials and translation exercises acquisition of material for publication, literary text editing, etc., transmits the layout of the official sample ballot printing department.

The department receives printing materials under the act, produces the release of the official monthly newsletter.

3. Storage of the application materials

14. Application to the decision on registration of the copyright in the sector is kept for one year. After one year of application fixed in the magazine sector and transferred to the archive for long-term storage.

Application to the decision to refuse registration of the copyright sector recorded in the log at the end of the year is transferred to the archive for long-term storage.

An application withdrawn due to failure to respond to the request, after sending the notification to the applicant (Form A-2), an employee of the magazine is fixed sector and at the end of the year is transferred to the archive for long-term storage.

15. Access to the archive is available to the following persons:

– Staff management of copyright and related rights;

– The staff of the State Register;

– Representatives of Kyrgyzpatent in court.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

Content bids are in long-term storage archive for twenty years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 

Section II. The order of record keeping on the application

the registration of the object of related rights

1. Receipt of the application

16. Application served in the personnel department and the office directly by the applicant or a representative or sent by mail.

An application is accepted only in the case when it contains a complete set of the documents listed in paragraph 19 of the Rules. Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted its list in the application;

– make entries to “Journal for registration of application of objects of copyright»;

– Filing paragraphs  “Date of filing of the application” и “Income N” of the blank of application.

Example:

 

30.10.2009

For filing of the application

 

35

Income  №

 

—————————-

Registered N

The applicant or his representative shall be issued a certificate of acceptance of the application materials indicating the incoming number, date of filing and the list of accepted materials. Help the employee signs the personnel department and office.

17.Registered in the personnel department and records management application is transmitted to the sector on the day of its receipt.

Upon receipt of the application:

– A set of documents are checked in accordance with paragraph 19 of the Rules;

– The signature and date in the “Journal of Human Resources and Records”;

– Details of the application are recorded in the “Journal of the sector for the registration of applications for registration of related rights.”

Application is assigned a registration number – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the figure is 11 – the symbol of an object of related rights, which is entered in the application form.

Example:

 

——————-

Date of filing of the application

 

———————-

Income №

 

2009.0004.11

Registered N

18. Registered materials of the application checking for documents the proof of payment of the registered taxes in established size. The document confirming payment of the fee is a copy of the payment order with the bank stamp on the payment of the fee, or bank receipt of payment of the fee in cash or by transfer to the account (paragraph 8 of the Assembly).

Receiving the document of payment of the fee from the applicant carries out the personnel department and office, is produced at the same time:

– Registration of the document of payment of the fee in the “Journal of Human Resources and paperwork” for the payment of registration fees;

– The transfer of the document of payment of the fee vfinansovo-economic sector;

– Affixing a signature and date in the above journal.

The financial and economic sector provides centralized registration payment of fees, deposit of the instrument of payment of the fee and produces:

– receiving the document on payment collection and registration “Zhurnalefinansovo economic sector” verification of the actual receipt of funds on the account of Kyrgyzpatent;

– Transfer a copy of the document confirming payment of fee in the sector after the establishment of actual receipt on the account of Kyrgyzpatent funds (paragraph 2 of the accounting for taxes).

The sector carries out validation of payment of the fee for registration of the object of related rights.

19.Materialy applications are considered within fifteen days. During this time, the applicant shall have the right to add, clarify, correct the application materials (paragraph 25 and 26 of the Regulations).

In case of sending the request to the applicant (Form CM-1), the term of consideration of the application shall be extended accordingly for fifteen days.

20. In the composition of the application includes the following documents:

– An application for registration of the object of related rights (punkt19 Regulation);

– One copy of the deposited material or a copy (paragraph 19Pravil);

– Copy of the passport owner;

– A copy of the payment order, which has the stamp of the bank for payment or bank receipt of payment of the fee in cash or by transfer to the account (paragraph 8 of the Regulations on fees);

– Evidence that the creation of an object of related rights of copyright issues resolved.

If necessary, the following documents:

– A certified copy of the document certifying the property rights (paragraph 19 of the Rules);

– Documents to release or reduce the registration fee in accordance with the following paragraphs of the Regulation on fees:

– Certificate of the participant of the Great Patriotic War and persons of civilian staff (para 6, 7);

– Certificate of medical-labor expert commission (item 7);

– A copy of pension certificate (item 7);

– A document issued by an educational institution or scientific institution (item 7);

– A document confirming the right of a small business at a reduced rate, indicating the number of workers (point 4) (eg certificate from the social fund or the tax office or the like.);

– A copy of certificate of state registration of non-profit organizations (paragraph 3);

– Power of attorney for the representative of the (literary agent, a music agent, and others.), Executed in accordance with the legislation of the Kyrgyz Republic (17 points, 19Pravil).

21. Proverkapravilnosti paperwork is checked in accordance with the requirements specified in the Regulations:

– application for registration of objects of related rights shall be in state and official language (point 22);

– deposit materials (point 23).

Checking the conformity of the declared object objects of related rights is made in accordance with Article 35 of the Law.

22. By application filed in violation of the requirements of the request is sent (Form CM-1) to the applicant with a proposal within fifteen days from the date of receipt of the request to eliminate the existing shortcomings (paragraph 25 of the Rules). The request is recorded in the journal of the personnel department and office. The answer to the request recorded in the log HR and office management.

If the applicant within the prescribed period does not eliminate the deficiencies, the application is considered withdrawn. The applicant shall be notified (Form CM-2) recorded in the “Journal of Human Resources and paperwork.”

23. If as a result of the application found that the object submitted for registration does not apply to objects of related rights, the sector makes a decision to refuse the registration of the object of related rights (Form CM-3) in two copies. The decision is recorded in the journal sector is then transmitted to the personnel department and office.

Human resources and office management solution captures the “Journal of Human Resources and paperwork.” Each copy of the decision shall be stamped indicating the outgoing number and date one copy sent to the applicant, and the second – is attached to the application materials.

At the request of the applicant deposited materials can be returned.

24. If as a result of the application found that the object presented for registration refers to objects of related rights, the sector makes a decision about the registration of the object of related rights (Form CM-4) in triplicate. The decision is recorded in the Journal of the sector and sent to the personnel department and office.

Human resources and office management solution captures the magazine department and on every copy of the decision shall be stamped with the indication of the outgoing number and date of the first copy is transmitted to the Department of State Register, together with a copy of the document confirming payment of the registration fee, the second is sent to the applicant, and the third is attached to the application materials.

After the decision on the registration of the object of related rights, the data of the application are included in the electronic database “Register of copyright and related rights.”

25. Department of the State Register shall accept the decision on registration of the object of related rights, checks the validity of the payment of fees and makes the object of neighboring rights in the State Register in accordance with the requirements of paragraph 1 of the Order of the State Register.

Within ten working days from the date of the decision on registration of the related rights and its registration in the personnel department and office, Department of State Register Certificate prepares the approved form. Issuance of the certificate carried by the personnel department and office.

26. Issuance of duplicate certificate is carried out at the request of the right holder a certificate stating the reason. Application in any form is served in the personnel department and the office of the following documents:

– A document confirming payment of the fee for issuing a duplicate certificate;

– Instrument of succession (if necessary);

Division of the personality fixed document on payments of fees in journal and transfer to financial-economic sector and other documents to state registered division.

Financial – economic sector carrying out receiving of the documents Финансово-экономический сектор осуществляет прием документа, confirming payment of the registration fee, records the fact of receiving the magazine, and act in accordance with the accounting for taxes and fees.

State Register Department prepares a duplicate certificate in accordance with the requirements of paragraph 2 of the Order of the State Register.

27. In the registration object of related rights is subject to the following changes:

– The name of an object of related rights;

– The composition of the authors;

– Data on the legal owner (s);

– Data about the successor (s);

– Belonging to the organization of collective management of property rights.

Changes to the registration of the object of related rights shall be made on the basis of the application owner in any form, submitted to the Human Resources Department and the office of the following documents:

– The original of the certificate of registration of the related rights;

– A document confirming payment of the fee for changes in the State Register;

– Instrument of succession (if necessary);

– Power of attorney to the representative, if the application is filed through a representative;

– A document confirming the change.

28. Human Resources office and sends the document on the payment of duties in the financial and economic sector, and other documents to the Department of State Register.

Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent. If the result of the examination of documents the state registry department shall enter the information on changes in registration in accordance with the requirements of paragraph 5 of Section 2 of Annex 13 of the Procedure of the State Register. Date of information in the State Register of a change in registration shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 3 of section 1 of Schedule 13 or date of receipt of the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the right holder is sent a corresponding request.

29.Po request rightholder information on registered objects of related rights may be published in the Official Bulletin of Kyrgyzpatent (paragraph 15 Rules)

– N of certificateн;

– registered N of the application;

– date of filing of the application;

– name of the author (s);

– name of the right holder;

– name of the work;

– annotaion.

Data transmitted for publication in the management of training materials and printing. Reception of documents is carried out prior to the sixth day of every month with the fixation of the reception of the journal of accounting and control of materials for publication. Department of training materials and translation exercises acquisition of material for publication, literary text editing, etc., transmits the layout of the official sample ballot printing department.

The department receives printing materials under the act, produces the release of the official monthly newsletter.

2. Storage of the application materials

30.Zayavka with the decision on registration of the related rights in the sector is kept for one year. After years of srokazayavka sector recorded in the log and sent to the archive for long-term storage.

Application to the decision to refuse registration of the object of related rights recorded in the log sector and later in the year is transferred to the archive for long-term storage.

An application withdrawn due to failure to respond to the request, after sending the notification to the applicant (Form CM-2), an employee of the magazine is fixed sector and at the end of the year is transferred to the archive for long-term storage.

31.Dostup the archive is available to the following persons:

– Staff management of copyright and related rights;

– The staff of the State Register;

– Representatives of Kyrgyzpatent in court.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

Content bids are in long-term storage archive for twenty years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The Order on record keeping on application for registration of rationalization proposal in the Kyrgyz Republic - Approved by order of the State service of intellectual property and innovation under the Government of the KR of November 4, 2014 №163

Approved by decision of the Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the KR of October 31, 2014 №12

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of November

4, 2014 №163

The Order on record keeping on application for registration of rationalization proposal in the Kyrgyz Republic.

Present Order This procedure governs the sequence of processing of an application for registration of technological innovation in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – the Order)

I. General Provisions

1. List of abbreviations:

Kyrgyzpatent – State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

Regulation – Regulation on the rationalization proposals in the Kyrgyz Republic, approved by Government Decision of May 27, 2002 № 336;

Regulation on Fees – Regulations on the registration fee rationalization proposal, approved by Government Decision of April 27, 2004 № 297;

The procedure for maintaining the State Register – Order of the State register of innovations of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013

Number 119;

State Register – the State Register of innovations of the Kyrgyz Republic;

Application – Application for registration of technological innovation;

Certificate – Certificate of registration rationalization proposal;

The Commission – Commission enterprise rationalization disputes;

Branches – the selection achievements and traditional knowledge;

State Register Department – Department of state registers;

Archive – Archive of Kyrgyzpatent.

II. Process of filling application in Kyrgyzpatent 

2. Application and attached documents giving to division of personality.

If the author is working in the company, the application may be submitted together with the opinion of the enterprise on the recognition of rationalization proposals.

Upon receipt of the application and accompanying documents:

– Counts the total number of sheets of documents to be submitted;

– To check whether the documents attached to the application of the list given in the application;

– An entry in the “Journal of registration of applications for rationalization proposal”;

– On the application form, filled in the column “Date of application” and “The incoming number.”

For example:

Date of application 12.8.2013

Incoming number 775

On the application form stamped Kyrgyzpatent affixed incoming number and filing date.

The author or his representative shall be issued a receipt of acceptance of the application and attached documents containing the name of technological innovation, the number of pages of documents received, the date of application and the incoming number. Receipt signed by an employee of the personnel department and office and secures the signature stamp stationery Kyrgyzpatent.

3. Registered in the personnel department and records management application and the accompanying documents are checked for the presence of the document confirming payment of the fee for submission and consideration of the application in the prescribed amount. The document confirming payment of the fee is a copy of the payment order, which has the stamp of the bank payment or bank receipt of payment of the fee in cash or by transfer to the account (second paragraph of paragraph 3 of Section I of the Regulation on fees).

Receiving the document of payment of the fee from the applicant carries out the personnel department and office, is produced at the same time:

– Registration of the payment document on payment of fee in the “Journal registration fee payment” HR and records management;

– On the payment document stamped Kyrgyzpatent and assigned a serial number and date of the incoming receipt of the document to the Department;

– Transfer of payment of fees in the financial-economic sector with putting in the above journal and date of signature of the host administration.

The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

4. Registered in the personnel department and records management application and the accompanying documents shall be transferred to the sector at the date of their receipt.

Upon receipt of the application and attached documents section:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for rationalization proposal” HR and records management;

– The signature and the date in the aforementioned magazine;

– Data on the statement recorded in the “Journal of the examination of applications for rationalization proposal” sector.

The statement adopted in the sector is assigned a registration number four digits indicate the year of the senior categories of application, the other three digits – serial number of the application in a series of years, the letters “RP” after the point – the symbol of technological innovation.

Registration number is put in the appropriate box of the application.

For example:

Registration number 2013037.RP

After the assignment statement the registration number of the sector provides bibliographic data entry application into an electronic database innovations.

III. Consideration of an application with Kyrgyzpatent

5. Consideration of the application and accompanying documents Kyrgyzpatent carried out within three business days from the date of its submission in accordance with paragraph 12 of the Regulations.

Branch checks for the number of copies and sheets in each copy of the accompanying documents referred to in the statement:

– Correctness of application;

– Document on payment of fee in the established amount;

– Drawings (sketches, drawings, diagrams, graphs, etc.);

– Technical and economic calculations, descriptions, studies, etc.

Checks for a copy of the document confirming the right to benefits if the request for a benefits payment of fees (paragraph 5 of section I of the Regulation on fees):

– License participant of the Great Patriotic War and persons equated to them in accordance with the legislation of the Kyrgyz Republic;

– Pension certificate;

– Certificate of medical-labor expert commission;

– A document issued by the educational institution.

Checks for power of attorney issued by the author certifying authority of the representative, if the application is filed through it.

6. The validity of registration of the application and accompanying documents are checked in accordance with the requirements of paragraph 10 of the Regulations:

– Application;

– design of application and attached documents;

– language of the application and attached documents;

– number of copies.

When applying through an agent checks the validity of the power of attorney, certifying his powers, namely the power of attorney:

– The signature of the author, issuing a power of attorney;

– The scope of authority of the representative;

– The date of the authorization.

7. Conclusion on the recognition of enterprise rationalization proposals, must comply with the criteria set out in paragraphs 2.4 and 5 of the Regulation and set out on a separate sheet, signed by the director and officials, to form an opinion, indicating the position, date, signature sealed.

8. If the review found that in the application and accompanying documents are missing required information or they are issued in violation of the requirements of the request is sent to the author of the corrected or missing information in accordance with the second paragraph of paragraph 12 of the Regulations, inviting them to submit revised or missing information, within ten days from the date of its receipt. Request fixed or missing information recorded in the “Journal of registration of notices, decisions and requests” of the sector.

If the author within the prescribed period does not submit the requested information, the application shall be considered not what the author is notified.

In the case of submission of the application together with the opinion of the enterprise on the recognition of rationalization proposals, further paperwork is carried out in accordance with paragraph 4 of this Order.

9. If the application and attached documents are drawn properly, they are going to enter into the enterprise (s) indicated (s) for the statement. The fact that the transfer is recorded in the “Journal of applications for rationalization proposals” sector. The author is notified about it.

10. Consideration of the application at the enterprise is carried out within one month from the date of its receipt.

In accordance with the sixth paragraph of paragraph 12 of the order of consideration of the application in the enterprise is established now.

Upon review, the company aims to Kyrgyzpatent conclusion on recognizing rationalization proposal or refusal to recognize the rationalization proposal.

In case of deviation from the terms of the application installed, associated with the need-based businesses, such as the need to experimental verification, prototype manufacturing, etc., consideration of the proposal shall be suspended for the time necessary to obtain the final result on the proposal. The company shall notify Kyrgyzpatent about the author and the extension of the review and its causes.

11. The conclusion of the enterprise in the department goes through the personnel department and office.

On the basis of an opinion on the recognition of the enterprise sector rationalization proposals within five days from the date of receipt of the decision on registration of rationalization proposal (Form RP-5) and informs the author of a period of five days from the date of the decision in accordance with paragraph 12 of the tenth paragraph .

The decision shall be notified to the author:

– The need to pay the registration fee rationalization proposal and issue a certificate of its registration within fourteen days from the date of receipt of the decision;

– The possibility of the publication of information relating to the registration of technological innovation in the Official Bulletin of Kyrgyzpatent in the presence of his application, permit the company and subject to the payment of the fee for the publication of information about registration.

The sector is preparing a decision on the registration of technological innovation in 2 copies, fix it in the “Journal of the examination of applications for rationalization proposal” sector and transfers to the personnel department and office, where each copy stamped with details of Kyrgyzpatent – outgoing number and date, and One copy of the decision sent to the author, the second – in the sector.

The sector is making a decision on the registration of technological innovation to the application and the accompanying documents shall be referred to the transfer of materials to the Department of State Register, fixing the fact of transmission in the “Journal of applications for innovation.”

Materials declarations and accompanying documents are included in a database of innovations.

12. Based on the conclusion of the company to refuse to recognize the rationalization proposal Kyrgyzpatent within five days of receiving it shall make a decision to refuse registration of technological innovation (Form FP6) prepares this decision in 2 copies, fix it in the “Journal consideration of applications for rationalization proposal “sector and transfers to the personnel department and office. Human Resources and paperwork on each copy shall stamp Kyrgyzpatent with details – the outgoing number and date, and a copy of the decision to refuse registration of rationalization proposal sent to the author, the second – in the sector.

The sector is making a decision to refuse registration of technological innovation to the application and accompanying documents and weekly transmits these materials to the archive, fixing the fact of transmission in the “Journal of the transmission of applications for rationalization proposals to the archive.”

13. In accordance with paragraph 13 of the Regulation in the event of disagreement with the decision to refuse registration of technological innovation, and with the above arguments the author may, within two months from the date of receipt to file an objection to Kyrgyzpatent.

From the personnel department and the objection shall be referred to the office sector which:

– Fixes the fact of receipt of the objection in the “Journal of objections to the decision to refuse registration of technological innovation” sector;

– Within three days from the date of receipt of the objection to Kyrgyzpatent, send it to the company, which issued an opinion on the refusal to recognize the rationalization proposal.

Conclusion of Comission shall direct to Kyrgyzpatent.

IV. Prepare of materials for registration and publication information on rationalization proposal.

14. Division of state registry carrying out receives decision on registration of rationalizing proposals.

In accordance with point 14 of Provision after registration rationalizing proposal at payment tax  for registration of rationalizing proposal and issue certificate on its registration division of state registry. Department of State Registers contributes to the State Register of the Kyrgyz Republic innovations rationalization proposal.

15. At the request of the author, with the permission of the company and subject to the payment of the fee for the publication of the registration, information relating to the registration of technological innovation can be published in the Official Bulletin of Kyrgyzpatent. The list and completeness of published information Kyrgyzpatent shall determine in consultation with the author.

In this case, the author must submit to Kyrgyzpatent request for publication of information on the registration of innovations. Attached to the application permission to publish information about registration rationalization proposal, each of the companies, which issued an opinion on the recognition of rationalization proposals, essay is a summary description of the rationalization proposal and the document confirming payment of the fee for the publication of the said information.

A document confirming payment of the fee for registration of technological innovation, the issuance of certificates of registration and publication of information about them, it is the personnel department and the office by the applicant within fourteen days from the date of receipt of the decision.

16. Department of the State Register to the sixth day of each month:

– Rationalization proposal shall register in the State Register of rationalization proposals in accordance with Annex 14 of the Procedure of the State Register.

– Assigns the number of the certificate of rationalization proposals;

– Prints the registry lists;

– Transmits a set of documents and registry lists in preparation of materials management and printing.

17. Management training materials and printing produces reception Roster sheet and a set of documents, records the fact of reception in the “Journal of Accounting and control of materials for publication.”

The department carries out preparation of materials:

– Translation into the state language;

– Editing / correction of the text;

– Coordination with the sector;

– Providing guidance to the layout of Kyrgyzpatent;

– The transfer of the layout of the official bulletin in graphic arts department.

Printing Department receives material replicates the number of official monthly newsletter.

After the publication of management training materials and printing return the application materials to the Department of State Register and published materials electronically transmits to the information technology sector to accommodate the next bulletin on the official site of Kyrgyzpatent.

V. Issue of the certificate

18. Concerning decision of registration rationalization proposal division of state registry prepares certificates, which transfers to division of personality by acts of transferring documents, made in 2 copies. One copy of the transfer documents are stored in the department of the State Register. Issuance of the certificate owner is carried out by the personnel department and office.

The right of authorship shall be inalienable moral rights of authors and protected in perpetuity.

The procedure for using the rights belonging to the co-authors of rationalization proposal be determined by agreement between them.

VI. Storing application rationalization proposal

19. When transmitting documents in the archive, with the division of Kyrgyzpatent writes in the “Journal of the transfer of applications to the archive.” Archiver receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

Access to the archive is available to the following persons:

– Office staff expertise;

– Representatives of Kyrgyzpatent in the Commission;

– The staff of the State Register.

Materials on the statement issued in the presence of the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

20. Content of applications in long-term storage archives are not more than twenty five years, further transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The order on record keeping on application for patent issue for Selection Achievements - Approved by decision of the State service of intellectual property and innovation under the Government of the KR of May 7, 2014 № 72

Approved by decision of Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the KR of May 2, 2014 № 9

Approved by decision of the State service of intellectual property and innovation under the Government of the KR of May 7, 2014 № 72

 

The order on record keeping on application for patent issue for Selection Achievements

This procedure governs the sequence of processing of an application for a patent for the selection achievement in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – Order).

I. General Provisions

1. List of abbreviations:

Kyrgyzpatent – State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

UPOV – International Union for the Protection of New Varieties of Plants;

Law – Law of the Kyrgyz Republic “On Legal Protection of Selection Achievements”;

Rules – Rules for compiling, filing and consideration of an application for a patent for the selection achievement, approved by Decree of the Government of the Kyrgyz Republic from October 27, 2011 № 686;

Regulation on Fees – Regulations on fees for patenting of breeding achievements, approved by Decree of the Government of the Kyrgyz Republic on May 14, 1999 № 259;

The procedure for maintaining the State Register – Order of the State Register of Protected Selection Achievements of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

The treatment of taxes and fees – Treatment of duties and taxes in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by order of the Chairman of Kyrgyzpatent on July 11, 2013 № 119;

State Register – the State Register of Protected Selection Achievements of the Kyrgyz Republic;

State Register of varieties and hybrids approved for use – the list of varieties, hybrids, after official tests are approved for use on the territory of the Kyrgyz Republic;

State Center for test grades – National Center for Testing of varieties and plant genetic resources of the Ministry of Agriculture and Land Reclamation of the Kyrgyz Republic;

State selection and breeding center – State selection and breeding center of the Ministry of Agriculture and Land Reclamation of the Kyrgyz Republic;

Application – The application for a patent for the selection achievement;

Application – a package of documents, including a statement, a description of the variety or breed, the document on the payment of duties;

Branches – the selection achievements and traditional knowledge;

State Register Department – Department of state registers;

Archive – Archive of Kyrgyzpatent.

II. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office of Kyrgyzpatent directly by the applicant, his agent or patent attorney or be sent by mail.

Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted by the list given in the application;

– An entry in the “Journal of registration of applications for selection achievements”;

– Filled application form, which in the “Incoming №” affixed assigned application materials:

– Incoming number;

– The date of receipt.

For example:

Incoming number 31

Date Available 09.12.2011

The applicant is given a receipt of acceptance of the application materials, containing the name of the selection achievement, an incoming number and date of receipt of the application, the number of sheets received documents. Receipt signed by an employee of the personnel department and office.

3. In addition, the application materials received are recorded in the “Journal of registration of additional materials” of HR and office management.

In an additional document shall bear the date of its receipt and checks the application number and the signature of the applicant.

4. Registered in the personnel department and records management application materials are tested for the presence of the document on the payment of duties. Document on payment of fee is a copy of the payment order, which has the stamp of the bank payment or bank receipt for the payment of duties in cash or by transfer to the account (second paragraph of paragraph 10 of section I of the Regulation on Fees).

Acceptance of the document on the payment of fees by the applicant carries out the personnel department and office, is produced at the same time:

– Registration of the document on the payment of duties in the “Journal registration fees”;

– The transfer of the document on the payment of fees in the financial-economic sector with putting in the above journal and the date of signature of the host administration.

The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and other things according to the accounting for taxes and fees.

5. Registered in the personnel department and records management application materials are sent to the sector, within one working day.

Upon receipt of the application sectors:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for selection achievements”;

– The signature and date in the appropriate register;

– Details of the application are recorded in the “Journal of applications for selection achievements” of the sector.

III. Examination

6. Examination of the application for a selection achievement shall include preliminary examination and testing of the claimed selection achievement for distinctiveness, uniformity and stability in accordance with Article 10 of the Law.

Preliminary examination

7. Preliminary examination of the sector carried out within two months from the date of filing of the application to Kyrgyzpatent.

Checks for:

– Statements;

– Description of varieties of the breed:

a) for plant varieties – varieties profile (corresponding to the requirements of UPOV);

b) for animal breeds – describe it in accordance with the existing procedure for the testing of farm animals;

– Photo attached to the description of the selection achievement;

– A brief essay on the description of the selection achievement;

– A document confirming payment of the fee for filing and preliminary examination.

If necessary, also checks for:

– Copy of the document is exempt from paying taxes or giving reasons for reducing its size (section I of the Regulation on fees):

– License participant of the Great Patriotic War and persons equated to it (sub-paragraph (a) of paragraph 7 of section I of the Regulation on Fees);

– Pension certificate (subparagraph (b) of paragraph 7 of section I of the Regulation on Fees);

– Certificate of medical-labor expert commission (subparagraphs (a, b) of paragraph 7 of section I of the Regulation on Fees);

– A document issued by an educational or scientific institution (subparagraph (b) of paragraph 7 of section I of the Regulation on Fees).

– A document confirming the payment of a fee at a reduced rate in accordance with the Regulation of Fees. The document submitted together with the application for granting exemptions from payment of duties (paragraph 8 of section I of the Regulation on Fees).

– Power of attorney issued by the foreign applicant certifying authority of a patent attorney, or a copy of a power of attorney executed in accordance with the requirements of subparagraph (2) of paragraph 6 of the Rules;

– Power of attorney issued by the applicant of the Kyrgyz Republic, the certifying authority of his authorized representative, registration and certified according to the requirements of subparagraph (3) of paragraph 12 of the Rules;

– Copies of the original application materials, if the applicant wishes to exercise the right of priority based on the first application certified by the authority which received them, samples or other evidence that the selection achievement is the same subject of both applications that may be submitted within three months from the date of filing with Kyrgyzpatent (paragraph (4) of paragraph 6 of the Rules).

8. Checking the validity of the documents shall be in accordance with the requirements of Regulation

– The language of the application (point 7);

– Application (paragraph 8);

– Description of the variety (breed) (9);

– Registration application documents: the suitability for reproduction, the material used, individual sheets, sheet size, numbering sheets, writing the text (paragraph 10);

– The name of the selection achievement (punkt11).

9. The date of filing shall be the date of receipt of the following documents Kyrgyzpatent (paragraph 19 of the Rules):

– Statements;

– Description of the variety or breed;

– A document confirming payment of the fee for filing and preliminary examination.

Filing date fixed in the “Filing Date” application form.

Application registration number is assigned – the first four digits indicate the year of filing of the application, the next two digits – serial number of the application in the series of this year, the number “five” after the point – the symbol of the selection achievement.

Registration number is put in the “Registration number” application form.

Example:

Date of filing 09.12.2011 Income № 31

Date of receive 09.12.2011

Registered №

201101.5

After receiving of registration N of the application is carrying out information to electronic database.

10. Establishing of priority of selective achievements by the date of filing application in Kyrgyzpatent.

11. If during the preliminary examination established that the application is filed in violation of the requirements for the design and preparation of the documents, the applicant shall request (Form C-1) in accordance with paragraph 21 of the Regulations, indicating the deficiencies observed and inviting them to submit the corrected or missing documents within two months from the date of its receipt.

If you receive additional materials correcting or clarifying the application documents (ie, to be included in their contents) and submitted by the applicant’s initiative or at the request preliminary examination, checked its compliance with deadlines (paragraph 22 of the Rules).

If the applicant within the prescribed period does not submit the requested materials will not change the name of the selection achievement or a petition for an extension of their submission subject to the conditions provided for in paragraph 17 of the Regulations, the application is deemed to be withdrawn, and the applicant notified (Form C-2).

In this case, the prosecution of the application stops the application materials sector recorded in the “Journal of the transmission of applications for the selection achievement to the archive” and transferred to the archive sector (paragraph 21 of the Rules).

If the applicant in due time submit a request to extend the deadline for the submission of the requested materials or changing the name of compliance with the provisions of paragraph 17 of the Regulations, the applicant shall be notified of the extension of the deadline for submission of required materials (Form C-3).

Paperwork on the withdrawn application can be extended in case of restoration Kyrgyzpatent missed deadline (paragraph 18 of the Rules). For restoration of the applicant is notified (Form C-4). In this case, the application materials for the memo expert returned to the expert sector.

12. Check the name of the selection achievement shall be in accordance with the requirements of Article 8 of the Act and paragraph 11 of the Rules.

When checking the proposed name of the applicant selection achievement Kyrgyzpatent in accordance with Part 4, paragraph 23 of the Rules of searches in the following sources of information:

– Database UPOV containing information on previously registered varieties in the Member States of UPOV;

– The application materials submitted by the applicant at the time of completion of the preliminary examination;

– Selection achievements registered in the State Register and the State Register of varieties and hybrids approved for use.

13. If during the preliminary examination, it is found that the denomination of the selection achievement does not meet the requirements set forth in paragraph 23 of the Rules, the applicant shall request the missing or corrected materials (Form C-1) with a proposal within two months from the date of receipt to give another name.

Request missing or corrected materials and the answer is recorded in the “Journal of registration of notices, decisions and requests” of the personnel department and office work.

14. Selective achievements is new if to the date of filing  A selection achievement is considered to be new if, at the date of filing the seeds or breeding material of this selection achievement are not sold or otherwise disposed of to others by the breeder, his legal successor or their consent for the use of the selection achievement in the Kyrgyz Republic earlier than one year before that date, or on the territory of another state earlier than four years or, if it concerns grapes, woody ornamental and fruit plants, earlier than six years before the said date.

The data on the sale or offer for sale provided by the applicant in box 7 of the statement.

The responsibility for the data submitted by the criterion of novelty rests on the applicant (paragraph 24 of the Rules).

Since the filing of the application and notification to the applicant’s acceptance of the application by Kyrgyzpatent on the consideration that the applicant is entitled on its own initiative to supplement, amend or clarify the application documents without changing the essence of the claimed selection achievement, subject to payment of a 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 (paragraph 14 of the Rules).

15. If the application contains all the necessary documents drawn up in accordance with the requirements of the Regulation and the name of the selection achievement meets the requirements, the sector is preparing a notification of acceptance of the application for examination (Form C5) in duplicate records it in the “Journal of the applications received for a selection achievement” and transmits to the personnel department and office. Human Resources and paperwork on each copy shall stamp with details – the outgoing number and date. One copy is sent to the applicant, the other copy is transmitted to the sector.

16. On the basis of the notification of acceptance of the application to review the sector prepares and transmits (to the sixth day of the month) in the management of training materials and the printing sheet information for the publication of the application, containing:

– The registration number of the application;

– The date of application;

– The priority date of the application;

– Full name of the author (s);

– The name of the selection achievement;

– Breeding number;

– Genus, species variety (rock) and its Latin name of the taxonomic unit (genus, species, subspecies);

– The name of the author (s) of the selection achievement;

– A brief summary of the description.

This list shall be signed by the head of the sector.

17. Department training materials and printing takes a sheet of information for the publication of information about the application and admission records the fact in the “Journal of Accounting and Control of materials for publication.”

The department carries out preparation of materials:

– Acquisition of the materials for publication;

– Text formatting for publication;

– Translation of materials into the national language;

– Editing and correction;

– Coordination with the sector;

– Providing guidance to the layout of Kyrgyzpatent;

– The transfer of the layout of the official bulletin in graphic arts department.

Printing Department receives material duplicates issue of the Official Bulletin on a monthly basis.

For location to the site of the Kyrgyzpatent the bulletin

After publication information on application anybody have right to introduce with materials for introduction with materials payment fees. (point 29 of Rules)

18. According to part 4 of the article 12 of the Law within 6 month from the date of publication of information on application any interested body can filing to Appeal Board objection at payment fees. Objections consider by Appeal Board within 4 month from the date of its receive.

In the case of issuance by the Board of Appeal decision to satisfy the objections, the application materials with a certified copy of the decision of the Appellate Council of Kyrgyzpatent transferred to the sector to transfer to the archive after six months.

If the Appeals Council of Kyrgyzpatent decides to dismiss the objections to the application materials a certified copy of the decision of the Appellate Council of Kyrgyzpatent back into the sector.

In case of a lawsuit the application materials submitted by the representative of Kyrgyzpatent to participate in the trial.

19. Within two months from the date of receipt of the notification of acceptance of the application the applicant shall submit to the consideration of the personnel department and office document confirming payment of the fee for the testing of a selection achievement for distinctiveness, uniformity and stability (paragraph 31 of the Regulations).

Human Resources office and register the document on the payment of duties in the “Journal registration fees”, reports the document on the payment of fees in the financial-economic sector with putting in the journal and the date of signature of the host administration.

The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and act in accordance with the accounting for taxes and fees.

The sector generates one copy of the application materials, and in agreement with the management reports to the State Center for test grades, State selection and breeding center for the testing of a selection achievement for distinctiveness, uniformity and stability. The fact that the transfer is recorded in the “Journal of the applications received for a selection achievement.”

The examination and testing of the claimed selection achievement for

distinctness, uniformity and stability

20. The examination includes checking the claimed variety or breed to meet the conditions of novelty, distinctness, uniformity and stability.

Test selection achievement for distinctiveness, uniformity and stability performed by the State Center for testing varieties, State selection and breeding center (part 1 of Article 14).

Tests of plant varieties carried out subject to the payment of the prescribed fee.

Terms and method of examination are established by the State Center for testing varieties, State selection and breeding center. State Center for test grades, State selection and breeding center may require the applicant to provide all the necessary information, documents or planting or breeding material, as well as invite the applicant to carry out certain tests the variety or breed.

State Center for test grades, State selection and breeding center for the positive test results of the selection achievement, make a determination of compliance with the conditions for protection of a selection achievement and is the official description of the selection achievement. Conclusion and official description of the selection achievement sent to Kyrgyzpatent.

At discrepancy breeding achievement protection criteria State Center for test grades, State selection and breeding center, make a determination of non-compliance of the conditions for protection of a selection achievement and sends it to Kyrgyzpatent.

21. Based on the conclusion of the State Center for testing varieties, State selection and breeding center on the selection achievement under the conditions for eligibility and compliance with the name of the selection achievement requirements provided for in Article 8 of the Law, the sector makes a decision on granting a patent for a selection achievement (Form 7). The applicant shall be notified of the decision establishing the priority.

The solution is prepared in duplicate, recorded in the “Journal of the applications received for a selection achievement” of the sector and sent to the personnel department and office. Human Resources office and one copy of the decision shall be sent to the applicant, the other transfers to the sector.

22. Based on the conclusion of the State Center for testing varieties, State selection and breeding center on the selection achievement discrepancy conditions for eligibility sector makes a decision to refuse to grant a patent for a selection achievement (Form S-8) with reduction of corresponding studies.

The solution is prepared in duplicate, recorded in the “Journal of the applications received for a selection achievement” and sent to the personnel department and office. Human Resources office and one copy of the decision shall be sent to the applicant, the other – transfers to the sector.

23. Case of disagreement with decision of the examination about refusal in grant of a patent applicant shall be entitled in three-monthly term from the of the day receipt of the decision about refusal in grant of a patent on the application or requested to them copies of materials, opposed to the application, and complete information about the test results file an objection with the Appeal Board of Kyrgyzpatent.

Objection must be examined in four-month term from the  of the day of its receipt. The applicant has the right to personally or through his representative participate in consideration of its objection (part of the 2 of Article 15 of the Law). In case of receipt objectionable material by the application are issued Secretary of the Appellate Council of Kyrgyzpatent.

In the case of issuance by the Appellate Council of Kyrgyzpatent decision on cancellation of the decision expert examination about refusal in grant of a patent, materials of the application with a certified copy decision of the Appeal of the Board of Kyrgyzpatent are transmitted to the department of the state registry of for registration.

In the case of issuance by the Appellate Council of Kyrgyzpatent decision on abandonment of the final examination decision on refusal to issue the patent in force, materials of the application with a certified copy decision of the Appeal of the Board of Kyrgyzpatent are transmitted into the sector.

Decision of the Appeal of the Board of Kyrgyzpatent may be appealed by the applicant in the judicial order in within six months from of the day of its receipt (part of the 4 of Article 15 of the Law).

IV. Registration, publication materials of the application for a selection achievement

24. When adopting decisions about grant of a patent for a selection achievement sector is from materials of the application forms the file.

The file includes instances of of the following documents:

– A statement;

– Description of selection achievement;

– The decision on grant of a patent for a selection achievement;

– Document on payment of fee;

– A brief abstract of variety description, breed;

– Materials by correspondence and etc.

The sector carries out the transmission of materials of the application – the file to the department of the state registry of, with entering of corresponding entry in the “Journal of received applications for a selection achievement”.

25. The Division the state registry of carries out reception materials of the application from the Gaza and introduces corresponding record in the “Log registration of breeding achievements».

In the case of payment of the duty by the applicant duty for registration, issuance of a patent and testimonies of the author and the publication of department of the state registry of carries out registration selection achievement, transmits the the necessary materials to the publication of.

Financially-the economic sector carries out reception the document on payment duty for registration selection achievement in the State registry, issuance of a patent and testimonies of the author and publication of information about them, fixes the fact of reception in the “the Journal of of accounting of duties for registration payment of duties» and produces action according to the Procedure of accounting duties and charges .

The document about payment duty for registration selection achievement in the State registry, issuance of a patent and testimonies of the author and publication of information about them seems by the applicant within 2-x months from the date receipt of by the applicant decisions about grant of a patent or within 3-x months from the of the day expiration of the specified a two-month the term of under condition of payment additional duty.

If the installed the legislation of the conditions of payment of the duty complied with, the department the state registry of:

– Assigns a number to patent;

– Introduces selection achievement in the State Register in accordance to the requirements of Annex 8 the Order of conducting of the State the registry;

– Prints out registry sheets are;

– Transmits a set of documents and registry lists in preparation of materials management and printing.

In the case of non-payment by the applicant duty for registration, grant of a patent and testimonies of the author and the publication of, the department the state registry of transmits the materials of the application to the archive with entering of corresponding entry in the «Transmission Log of applications for selection achievement to the archive».

26. The Office preparation of materials and of polygraph until the sixth the number of of each month produces reception of a registry-sheet and set of documents fixes the fact of reception in the “the Journal of accounting and control materials for publication».

By the Division of preparation of materials is carried out:

– Translation into the state language;

– Edit / correct of the text;

– Coordination with the sector;

– Providing guidance to the layout of Kyrgyzpatent;

– The transfer of the layout of the official bulletin in graphic arts department.

Printing Department receives material duplicates issue of the Official Bulletin on a monthly basis.

To accommodate the next newsletter to the site of Kyrgyzpatent management training materials and printing the publication of reports published materials in electronic form in the information technology sector.

IV.Vydacha of the patent and testimonies of the author

27. Following publication of information about registration selection achievement in the official bulletin department of the state registry of prepares patents and certificates of the author, which are transmitted to the personnel department and office-work on the act of on the transfer of the patent and / or evidence of, drawn up by in two copies. One of the of copies act of is stored in the department of the state registry of. Grant of a patent and testimonies of the author by IT department of cadres and office-work.

In accordance with Article 29 of the Law of with the date of publication information about the patent any person may apply to the Appeal Board with reasoned objection about the recognition of the patent null and void. For filing and examination of the protest on the recognition of patent invalid shall be paid corresponding fee.

When imposition by the Appellate Council of Kyrgyzpatent decision on satisfaction of objection on the recognition of patent invalid, materials of the application with a certified copy decision of the Appeal of the Board of Kyrgyzpatent are transmitted to the department of the state registry of for the making an appropriate entry in the State Register and publications in the next issue official bulletin of Kyrgyzpatent.

When imposition by the Appellate Council of Kyrgyzpatent decision about the refusal in satisfaction of objection on the recognition of patent invalid, materials of the application with a certified copy decision of the Appeal of the Board of are transmitted to the department of the state registry of for the transmission of to the archive on the expiration of six months.

In the case of filing a lawsuit to a court materials of the application are issued to the representative of of Kyrgyzpatent in court.

28. In accordance with Article 30 action of the patent may be terminated by ahead of schedule in cases:

– If the the owner of of the patent has not paid fee for maintaining the patent in force within the established term;

– If the owner of the patent has not presented on request the State center for Testing and varieties, of the State selective of pedigree center in within the prescribed period seeds, pedigree material, documents and other information for checking of protectability of a selection achievements or has not ensured the conditions for carry out an inspection selection achievement on the site of;

– If a selection achievement no longer meets the conditions of uniformity and stability.

State Center for testing varieties, State selection and breeding center in accordance with the third and fourth paragraphs of this clause appears to conclude with Kyrgyzpatent.

In case of early termination of the patent is made corresponding entry in the State Register and the publication in the next issue of the Official Bulletin of Kyrgyzpatent in the following application materials shall be deposited in the archives.

29. In accordance with Article 30-1 of the Law of action of of the patent for a selection achievement may be restored under the petition of the person to whom belonged patent.

When submitting petitions about the restoration validity of the patent for a selection achievement, which is was discontinued in connection with the fact, that the fee for maintaining the patent in force has not been paid within the established term materials of the application from the archive are transmitted to the department of the state registry of.

30. Adding to of changes in the registration of selection achievement by IT department of the state registry of in accordance to the requirements of paragraph 2 Applications 8 the Order of conducting of the State the registry, in within a month from the date of receipt of documents about the the Introduction of Amendments.

Changes in the registration of selection achievement, shall be entered on the basis of statement by the holder selection achievement, application submitted by to the personnel department and office-work.

To the application on Amendments to the registration of, Registration of in an arbitrary form be accompanied by:

– original of patent to selective achievement;

– document on payment fees;

– Power of Attorney issued by the owner of a patent agent registered with Kyrgyzpatent if the application is filed through a patent attorney.

31. Human Resources office and sends the document on the payment of duties in the financial and economic sector, and other documents to the Department of State Register.

Financial and economic sector checks the document on the payment of duties and sends a copy to the Department of State Register. Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on changes in the registration of selection achievement in the State Register in accordance with the requirements of Annex 8 of the Procedure of the State Register. Documents about changes in registration materials are put in the application.

Date of entry in the State Register of information on changes in registration shall be the date of receipt by Kyrgyzpatent documents listed in paragraph 30 of this Order or the date of receipt of the last of them, if they had not been submitted at the same time.

In case of improper execution of the documents submitted or absence of any of them, the owner of a breeding achievement forwarded request.

Changes to the registration of selection achievement are not made if, within two months from the date of receipt of the request the owner had not submitted the missing or corrected documents.

32. Information about the changes made to the registration of the selection achievement shall be published in the next issue of the Official Bulletin of Kyrgyzpatent within one month from the date of entry in the State Register of the corresponding record.

V. Storing applications for selection achievements

33. When transmitting documents in the archive, with the division of Kyrgyzpatent writes in the “Journal of the transfer of applications to the archive”. Archivist receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

34. Access to the file is provided to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Representatives of Kyrgyzpatent in court;

– The staff of the State Register.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the respective structural unit.

35. The application materials to the long-term storage archive is located not more than twenty-five years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund”.

 
 

The Order on record keeping on application for issue patent for industrial design - Approved by order of the State service of intellectual property and innovation under the Government of the KR of June 25, 2013№ 111

Approved by order of Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the KR of May 3, 2013

№ 3

  Approved by order of the State service of intellectual property and innovation under the Government of the KR of June 25, 2013№ 111

The Order on record keeping on application for issue patent for industrial design.

This procedure governs the sequence of processing of an application for a patent for an industrial design in the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic and establishes the requirements for the structural subdivisions of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – Order).

1. General Provisions

1. List of abbreviations:

Kyrgyzpatent – State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic;

Law – Law of the Kyrgyz Republic “Patent Law”;

Regulation on Fees – Regulations on fees for patenting of inventions, utility models, industrial designs, registered trademarks, service marks, appellations of origin, the right to use appellations of origin, approved by Resolution of the Government of the Kyrgyz Republic from June 12, 1998 № 346;

Rules – Rules for compiling, filing and consideration of an application for a patent for an industrial design, approved by Government Decision of October 27, 2011 № 685;

The procedure for maintaining the State Register – The order of the state register of industrial designs of the Kyrgyz Republic, approved by the Government of the Kyrgyz Republic on February 29, 2012 № 155;

Application – a package of documents, including a request for a patent, a set of images of the product (model), drawing of the general appearance of the product, ergonomic scheme, confection map, the description of the industrial design, the list of its essential features;

Application – The application for a patent of the Kyrgyz Republic for an industrial design;

IPCI – International Classification for Industrial Designs;

Expert department – Department of examination of inventions, utility models and industrial designs;

State Register Department – Department of state registers;

State Register – the State Register of Industrial Designs of the Kyrgyz Republic;

Archive – Archive of Kyrgyzpatent.

1. Receipt of the application by Kyrgyzpatent

2. The application is submitted to the personnel department and the office directly by the applicant, his representative or patent attorney or be sent by mail or by fax (followed by its presentation of the original) in electronic form on a computer readable medium (with simultaneous representation on paper) or by other means transmission.

Upon receipt of the application:

– Counts the total number of sheets of the application materials;

– To check whether the documents submitted its list in the application;

– An entry in the “Journal of registration of applications for industrial design”;

– Filled application form, which in the “Incoming №” affixed assigned application materials:

– Incoming number;

– Date of receive.

Example:

Income №  304

Date of receive13.03.2012

On the application form stamped and stamped Kyrgyzpatent entering the application number and the date of receipt of the application.

The applicant is given a receipt of acceptance of the application materials of the name of the claimed industrial design, number of pages of documents received, the incoming number and date of receipt of the application. Receipt signed by an employee of the personnel department and office.

3. In addition, the application materials received are recorded in the personnel department and office in the “Journal of registration of additional materials.” In an additional document shall bear the date of receipt.

Checking the presence of additional materials:

– The application number;

– The applicant’s signature.

4. Registered in the personnel department and records management application materials are tested for the presence of the document confirming payment of the fee for filing a formal examination and a preliminary examination of the application in the prescribed amount. Document on payment of fee is a receipt of the bank having the stamp of the bank for the payment of, or an extract of the entry fee to the account of Kyrgyzpatent.

Acceptance of the document on the payment of fees by the applicant carries out the personnel department and office, and the registration document made for the payment of duties in the “Journal registration fees”, which is fixed:

– Name who has passed the document on the payment of duties;

– Base;

– The date and amount of the document on the payment of duties.

After registration document on payment of fee in the “Journal registration fees”, the document is stamped and the incoming number, the document on the payment of taxes is transferred to the financial-economic sector with putting in the above journal and date of signature of the host administration.

5. The financial and economic sector keeps records of receipts of fees, deposit of instruments of payment of duties and produces action:

– Captures the actual receipt of funds on the account of Kyrgyzpatent paid as fees, stamp sector;

– Creates a database for accounting duties on all applications;

– Sends the document on the payment of duties in the expert department with putting in the “Journal registration fees” and the date of signature of the host reception;

– Agrees with the expert department issues the payment of fees, as well as the opportunities and issues need to return or perezacheta overpaid amounts as duties;

– On a monthly basis of certificates on completed legally significant actions of the Examining Division of the act for the cancellation of payments and transfers to the accounts department.

6. Recorded in the personnel department and the office application is transferred to the expert department within days.

Upon receipt of the application expertise of the Department:

– To check whether the number of documents transmitted, recorded in the “Journal of registration of applications for industrial design”;

– The date and signature in the said magazine;

– Details of the application are recorded in the “Journal of applications for industrial designs.”

7. In accordance with paragraph 2 of Article 27 of the Law in conjunction with the application or within twelve months from the date of its submission the applicant may file an application for a patent with the conduct of substantive examination or without examination on the essence (model form provided in Appendix 1 ). The petition is attached to the application materials for industrial design.

If an application is not submitted within the specified time the application is considered withdrawn and the applicant is notified (Form ON-F2). The deadline for the application is not extended or renewed.

8. At the request of the industrial design Kyrgyzpatent shall conduct formal, preliminary examination and examination of the merits.

III. Carrying out of formal expertise of application

9. Formal expertise carrying out within 2 month from the date of filing of application.

At checking the document shall conclude:

– Application, execution according point 4.1 of Rules;

– set of images of the product (model), give a full and detailed picture of the appearance of the product;

– Drawing the general appearance of the product, ergonomic scheme, confection map, if they are necessary for the understanding of the disclosure;

– Description of the industrial design on the national or official language (if it is presented in another language must be accompanied by translation under the responsibility of the applicant);

– A list of its essential features in the Kyrgyz and Russian languages;

– A copy of the payment order or bank receipts for payment of fees (paragraph 11 of section I of the Regulation on Fees);

– An application for benefits to pay taxes with a copy of the document confirming the right to benefits (if any) (paragraph 8 of section I of the Regulation on Fees). The basis for granting exemptions is a copy of the document:

– License participant of the Great Patriotic War and persons equated to it in accordance with the legislation of the Kyrgyz Republic;

– Pension certificate;

– Certificate of medical-labor expert commission;

– A document issued by an educational institution or scientific institution;

– A document confirming the right of a non-profit organization at a reduced rate, paragraph 4 of section I of the Regulation on Fees;

– Power of attorney issued by the foreign applicant, the applicant of the Kyrgyz Republic, certifying authority of a patent agent, representative, or a copy of a power of attorney, certified by the HR department and office work (model forms are given in Annexes 2a and 2b).

– A copy of the first application, if convention priority is claimed, which submitted no later than four months from the date of filing with Kyrgyzpatent. If the first few applications, accompanied by copies of all these applications.

The request for the establishment of conventional priority can be presented when applying for (made a mark in the appropriate column of the application) or within two months from the date of filing with Kyrgyzpatent (subparagraph 3 of paragraph 3.5 of the Regulations).

10. The validity of the documents verified in accordance with the following paragraph, the right:

– A patent application (paragraph 4.1);

– Power of attorney of a patent attorney (subparagraph 2, paragraph 3.5), the representative (paragraph 8);

– Verification of compliance with the fees paid to the sizes (paragraph 1, item 3.5)

– Suitability for reproduction (paragraph 7.1);

– Material used (paragraph 7.2);

– Separate sheets, sheet size (paragraph 7.3);

– Numbering of pages (item 7.4);

– Writing the text (paragraph 7.5);

– Bibliographic data (paragraph 7.6).

11. Checking the conformity of the declared facilities solutions that are granted legal protection as an industrial design is made in accordance with paragraphs 3.1 and 3.2 of the Rules.

12. Date of filing the application with Kyrgyzpatent shall be the date of receipt of the documents containing:

– A declaration stating the applicant;

– Set product image (layout);

– A list of the essential features of the industrial design.

The filing date is put in the box of the request form with the code (22).

For example:

 22) date of filing 27.07.2012

 

At the same time the application is assigned a registration number – four digits indicate the year of significant bits applying four remaining digits – serial number of the application in the series of this year, the figure “four” after the point – the symbol of the industrial design.

Registration number is put in the column of the application code (21).

For example:

(21) Registration № 20120012.4

13. If in the course of the formal examination of the application found that the application is filed in violation of the requirements for design and drafting, the applicant shall request (Form PO-F1) in accordance with paragraph 18.3 of the Rules, indicating the deficiencies observed and inviting them to submit the missing or corrected documents within two months from the date of its receipt. If the document is not required to establish a priority date request is sent immediately.

14. If the applicant within the prescribed period does not submit the requested documents or petition for prolongation of term of their representation in compliance with the conditions (to extend the deadline for the submission of required materials (Form PO-P6), provided for in paragraph 15 of the Regulations, the application is deemed to be withdrawn (Part 3 of Article 27, Part 4 of Article 23-1 of the Law), the applicant is notified (Form P0-F2).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules. For restoration of the applicant is notified. (Form PO-P2).

15. Within two months from the date of filing of the application the applicant may clarify or correct the application materials at no additional fee is paid.

If the correction or clarification of the application materials is carried out within two months from the filing date, it is to these materials accompanied by a document confirming payment of the prescribed fee.

Correction and clarification of the application materials shall be in accordance with paragraph 10 of the Rules.

16. If after filing the applicant assigns its right to obtain a patent to another person, Kyrgyzpatent served a statement containing an indication of the transfer of rights to another person, the consent of the person specified in the application and information about it provided (Paragraph 3 Article 4.1 of the Rules). The statement signed by the applicant, assigns the right to receive a patent, and said the person acquiring a right in the manner prescribed in subparagraphs 15 and 16, paragraph 4.1 of the Rules. The application shall be accompanied by a document confirming payment of fees (paragraph 11 of the Rules).

17. If the formal examination established that she framed a proposal which does not belong to the objects protected as industrial designs, the applicant shall be notified that the application can not be accepted for consideration (Form PO-F3) with reduction arguments that form the basis for the refusal to grant a patent, with reference to the relevant sources of information, if they are needed, and the offer to refute the arguments presented, confirming the essential features included in the list, or to make the necessary changes to the list, or additionally submit other images of the same product.

In the case of an unconvincing refutation of the arguments presented in the notification, or failure to reply within two months, the decision on refusal to grant a patent (Form PO-F4) in accordance with paragraph 18.4 of the Rules.

18. In case of disagreement with the decision to refuse a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of receipt of appeal to the Court of Part 3 of Article 27, Part 15 of Article 23-2 of the Act.

19. If the application contains all the necessary documents drawn up in accordance with the requirements of the Regulation and declared the proposal refers to the objects protected as an industrial design, the applicant shall be notified of the acceptance of the application for review, with the date of filing of the application (Form-F5) . Bibliographic information requests made to the database inventions.

1. A preliminary examination

20. The preliminary examination is carried out with a positive result of the formal examination within four months (part 4 of article 27 of the Law).

21. Checking compliance with the content of the application documents provided by the Regulations the following items:

– set of images of the product layout (paragraph 4.2);

– Description of the industrial design (paragraphs 4.7 – 4.16);

– Drawings, ergonomic scheme (paragraph 4.17);

– Confection chart (paragraph 4.18);

– Harmful elements (paragraph 5);

– Terminology and symbols (item 6).

22. The correctness of classifying the industrial design, carried out by the applicant, verified by IPCI. If the classification is not done by the applicant, it produces expert.

When classifying a basis for the selection of the classification of the index is the name of the industrial design, his picture and description, as well as drawings, ergonomic layout and assembly card (if they are contained in the application).

23. The establishment of priority of the industrial design is carried out on the filing date of an application with Kyrgyzpatent if the application is requested by an earlier priority.

Priority date is put in the “Priority” application form.

For example:

(22) Filing Date 27.07.2012

Priority 27.07.2012

24. The establishment of an industrial design claimed priority date earlier than the date of filing of the application with Kyrgyzpatent shall be subject to the applicant specified in the Regulations establishing conditions:

– Convention priority (clause 19.6);

– The priority of the date of filing of additional material to a previously filed application (paragraph 19.7);

– The priority filing date of an earlier application (paragraph 19.8);

– The priority of a divisional application (paragraph 19.9);

– Multiple priorities (paragraph 19.10).

The following are options for filling in the boxes corresponding forms containing information on the priorities (Forms PO-P3, P4-ON, ON-P5, software-HT3, HT4-IN):

– In case a priority on the filing date:

(21) Application  № 20120012.4           (22) date of filing of application 27.07.2012

 

Priority is established:

 

(22) by the date of filing application of July 27,2012

(23) by the date of receiving of adding materials

from “___” _________________ 200__

(62)by the date of receive preliminary application № ___________________

from “___” _________________ 200__

(31) N of convention   (32) date of convention         (33) Code of country

application                   priority                                 priority

– by the date of receiving adding materials:

(21) Application № 20120012.4           (22) date of filing of application 27.07.2012

 

Priority is established:

 

(22) by the date of filing application of “___” _____________ 200__ .

(23) by the date of receiving of adding materials  of August 30, 2012 .

(62) by the date of receive preliminary application № ___________________

from “___” _________________ 200__.

(31) N of convention   (32) date of convention         (33) Code of country

application                   priority                                 priority

– by the date of receiving preliminary applicationпо:

(21) Application № 20120012.4           (22) date of filing of application 27.07.2012

 

Priority is established

(22) by the date of filing application of “___” _____________ 200__

(23) by the date of receiving of adding materials

от “___” ______ 200__

(62) by the date of receive preliminary application № 20120004.4

of April  02,2012

(31) N of convention   (32) date of convention         (33) Code of country

application                   priority                                 priority

– by date of convention priority:

(21) Application  № 20120012.4           (22) date of filing of application 27.07.2012

 

Priority is established:

 

(22) by the date of filing application of July 27,2012

(23) by the date of receiving of adding materials

from “___” _________________ 200__

(62)by the date of receive preliminary application № ___________________

from “___” _________________ 200__

(31) N of convention   (32) date of convention         (33) Code of country

application                   priority                                 priority

 

 

(21) Заявка № 20120012.4           (22) Дата подачи заявки 27.07.2012

 

Приоритет установлен:

 

(22) по дате подачи заявки от “___” _____________ 200__ г.

(23) по дате поступления дополнительных материалов

от “___” _________________ 200__ г.

(62) по дате поступления первоначальной заявки № ___________________

от “___” _________________ 200__ г.

(31) номер конвенционной  (32) дата конвенционного  (33) код страны

заявки                    приоритета                приоритета

29/071,629                20 февраля 2012 г.         US

 

Checking compliance with establishing priority of the industrial design is made in accordance with paragraph 19.11 of the Rules.

25. Compliance with the requirement of unity of industrial design is verified with respect to the originally submitted list of essential features, shown in the pictures. If the list of essential features unchanged, the test is carried out with respect to the last sentence of the applicant in the prescribed manner version of the list of essential features.

Checking is carried out in accordance with the requirements of paragraphs 3.3 and 19.12 of the Rules.

26. The correctness of the submitted list of essential features, derived from comparative analysis provided by the applicant and the proposed analogue art-design solutions, tested in accordance with the requirements of paragraphs 4.16 and 19.13 of the Rules.

27. During the preliminary examination, the applicant may be sent the request for additional materials (Form PO-P1 (HT1)), which is fixed in the “Journal of registration of notices, decisions and requests.” The answer to the request must be submitted within two months from the date of receipt of the request by the applicant and registered in the “Journal of registration of the responses to requests” of the personnel department and office.

Check other materials carried out in accordance with paragraph 21 of the Rules.

If the applicant had submitted additional materials out of time (and these terms are not extended in accordance with paragraph 15 of the Rules (Form PO-P6), the application is deemed to be withdrawn, and the applicant notified (Form ON-F2).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules. For restoration of the applicant is notified. (Form PO-P2).

According to withdraw the application further legal actions are not performed (examination, patent pending).

28. When checking the patentability of the claimed industrial design carried out at the stage of preliminary examination shall be established to comply with the conditions of novelty and originality, in accordance with the requirements of Regulation 19.14.

29. The novelty of the claimed industrial design is tested on the following sources of information:

– The application materials submitted by the applicant at the time of completion of the formal examination;

– Industrial designs patented in the Kyrgyz Republic;

– Non-withdrawn applications with an earlier priority date.

Checking carrying out concerning to request of point 4. 11 and 19. 15

30. Checking the claimed industrial design includes original condition:

– Determination of the closest prior art in accordance with paragraph 4.11 of the Regulations;

– Identification of essential features which distinguish the claimed industrial design from the closest prior art, represented by the applicant in the application;

– Identification issued by the Fund prior to the date of priority of security documents of the Kyrgyz Republic-art design solutions with attributes that match the distinctive features of the industrial design under consideration.

Testing is performed in accordance with the requirements of paragraphs 4.13, 4.14 and 19.16 of the Rules.

31. Information search is conducted on the following sources of information:

– Database of industrial designs registered in the State Register of the Kyrgyz Republic;

– Withdrawn applications for industrial designs with earlier priority date.

In carrying out information searches search report drawn up (Form-1).

32. On request, held a preliminary examination with a positive result, if the application for patent grant without examination on the essence, the decision to grant a patent for industrial design (Form PO-P3), characterized by a set of images displayed on the essential features included in proposed and agreed with the applicant list.

33. 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 (Form Software -P4).

In the decision, or in the notification the applicant shall be notified of the establishment of the priority of the industrial design.

The following are options for filling in forms solutions, which shows information on the applicant (s), author (s) and the owner (s) (Forms PO-F4, F5-IN, IN-P3, P4-ON, ON-P5, software-HT3 BY-HT4); For example:

– If the applicant, author, owner, different persons specified codes (71) (72) (73):

(71) Applicant(s): Kerimov E.

(72) Author (s): Sydykov М.

(73) Patent owner (s): Amanov М.

 

– in case when author and applicant one body mentioned one code (75):

(75)  Author (s) of the industrial design, which is also the applicant: Kerimov Э.К

(73) Patent owners: Amanov М. N.

 

If the author, the applicant and the patent owner is the same person, indicates a code (76):

(76) Author (s) of the industrial design which is also applicant and patent owner: Amanov M. N.

34. At inconsistency of the industrial design When non-compliance of the industrial design, characterized by a set of images displayed on the essential features included in the proposed list of the applicant, at least one of the conditions for patentability, the decision to refuse to grant a patent (Form PO-P5) with reduction of corresponding studies.

In presenting the grounds for the decision to refuse to grant a patent required conditions are: the proof of the consistency, consistency in presentation, argumentation output. Not allowed emphasized categorical conclusions and Dixit, substituting valid arguments and evidence.

In support of the arguments and justifications cited in the decision may be made by reference to the relevant paragraphs of the Act and the Regulations.

35. In case of disagreement with the decision to refuse a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of receipt of appeal to the Court of Part 3 of Article 27, Part 15 of Article 23-2 of the Act.

V. Implementation of substantive examination

36. Upon request, passed a preliminary examination with a positive result, if the request of the applicant or a third party, Kyrgyzpatent within 12 months from the date of filing of said petition shall examine the application on the merits Part 6 of Article 27 of the Law. The petition may be filed simultaneously with the filing of the application or within twelve months from the date of its filing with Kyrgyzpatent. If an application is received from third parties, the applicant is notified. At the request of an instrument for the payment of duties.

37. During the examination of the application on the essence in the amount of the requirements of Article 7 of the claimed industrial design conditions of patentability:

– Novelty (item 20.3);

– Originality (paragraph 20.4).

Checks are made in respect of the industrial design as defined in the list of essential features, proposed by the applicant in the original application materials or in additional materials taken into account when considering the application.

38. In order to establish compliance with the criteria of patentability of industrial design, an information search, which includes the following minimum amount of patent search:

a) The depth of the patent search – 15 years;

b) the width of the patent search:

– The Fund is registered and issued in the Kyrgyz Republic security documents on industrial designs;

– Withdrawn applications for industrial designs filed with Kyrgyzpatent with an earlier priority;

– Industrial designs registered in the Russian Federation and published in the Official Bulletin of Rospatent;

– Industrial designs registered in other CIS countries and published in the official bulletins of patent offices (for the library fund Kyrgyzpatent);

– Industrial designs protected in accordance with the procedures of the Hague Agreement and published in the official publications of the International Bureau of WIPO.

Search results are reflected in the search report (Form-1).

39. During the substantive examination, the applicant may be sent the request for additional materials (Form PO-P1 (HT1), without which the examination is not possible, including changes in the list of essential features. The request is recorded in the “Journal of registration of notices, decisions and requests” HR and office management.

Additional materials on request must be submitted within two months from the date of receipt of the request, and recorded in the “Journal of registration of the responses to requests” of the personnel department and office.

If the applicant had submitted additional materials out of time (and these terms are not extended in accordance with paragraph 15 of the Rules (Form PO-P6), the application is deemed to be withdrawn, and the applicant notified (Form ON-F2).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules. For restoration of the applicant is notified. (Form PO-P2).

According to withdraw the application further legal actions are not performed (examination, patent pending).

40. If as a result of the substantive examination the experts found that the claimed industrial design DEMANDED scope of legal protection the applicant meets the conditions of patentability as defined in Article 7 of the Act, the decision to grant a patent (Form PO-HT3) for industrial design (item 20.6 of the Regulations).

The applicant shall be notified of the decision establishing the priority of the industrial design.

41. In establishing the inconsistency claimed industrial design in DEMANDED scope of legal protection, the conditions of patentability of the industrial design, defined by Article 7 of the Act, the decision to refuse to grant a patent (Form PO-HT4), with reduction of corresponding studies (paragraph 20.7 of the Regulations).

42. In case of disagreement with the decision to refuse a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of receipt of appeal to the Court of Part 3 of Article 27, Part 15 of Article 23-2 of the Act.

VI. Registration, publication of the application of the industrial design, patent pending

43. When non-compliance of the industrial design, characterized by a set of images displayed on the essential features included in the proposed list of the applicant, at least one of the conditions for patentability, the decision to refuse to grant a patent (Form PO-P5) with reduction of corresponding studies.

In presenting the grounds for the decision to refuse to grant a patent required conditions are: the proof of the consistency, consistency in presentation, argumentation output. Not allowed emphasized categorical conclusions and Dixit, substituting valid arguments and evidence.

In support of the arguments and justifications cited in the decision may be made by reference to the relevant paragraphs of the Act and the Regulations.

35. In case of disagreement with the decision to refuse a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of receipt of appeal to the Court of Part 3 of Article 27, Part 15 of Article 23-2 of the Act.

V. Implementation of substantive examination

36. Upon request, passed a preliminary examination with a positive result, if the request of the applicant or a third party, Kyrgyzpatent within 12 months from the date of filing of said petition shall examine the application on the merits Part 6 of Article 27 of the Law. The petition may be filed simultaneously with the filing of the application or within twelve months from the date of its filing with Kyrgyzpatent. If an application is received from third parties, the applicant is notified. At the request of an instrument for the payment of duties.

37. During the examination of the application on the essence in the amount of the requirements of Article 7 of the claimed industrial design conditions of patentability:

– Novelty (item 20.3);

– Originality (paragraph 20.4).

Checks are made in respect of the industrial design as defined in the list of essential features, proposed by the applicant in the original application materials or in additional materials taken into account when considering the application.

38. In order to establish compliance with the criteria of patentability of industrial design, an information search, which includes the following minimum amount of patent search:

a) The depth of the patent search – 15 years;

b) the width of the patent search:

– The Fund is registered and issued in the Kyrgyz Republic security documents on industrial designs;

– Withdrawn applications for industrial designs filed with Kyrgyzpatent with an earlier priority;

– Industrial designs registered in the Russian Federation and published in the Official Bulletin of Rospatent;

– Industrial designs registered in other CIS countries and published in the official bulletins of patent offices (for the library fund Kyrgyzpatent);

– Industrial designs protected in accordance with the procedures of the Hague Agreement and published in the official publications of the International Bureau of WIPO.

Search results are reflected in the search report (Form-1).

39. During the substantive examination, the applicant may be sent the request for additional materials (Form PO-P1 (HT1), without which the examination is not possible, including changes in the list of essential features. The request is recorded in the “Journal of registration of notices, decisions and requests” HR and office management.

Additional materials on request must be submitted within two months from the date of receipt of the request, and recorded in the “Journal of registration of the responses to requests” of the personnel department and office.

If the applicant had submitted additional materials out of time (and these terms are not extended in accordance with paragraph 15 of the Rules (Form PO-P6), the application is deemed to be withdrawn, and the applicant notified (Form ON-F2).

Missed period is reduced by the applicant at the request of the applicant not later than twelve months from the date of expiry of the missed deadline in accordance with paragraph 16 of the Rules. For restoration of the applicant is notified. (Form PO-P2).

According to withdraw the application further legal actions are not performed (examination, patent pending).

40. If as a result of the substantive examination the experts found that the claimed industrial design DEMANDED scope of legal protection the applicant meets the conditions of patentability as defined in Article 7 of the Act, the decision to grant a patent (Form PO-HT3) for industrial design (item 20.6 of the Regulations).

The applicant shall be notified of the decision establishing the priority of the industrial design.

41. In establishing the inconsistency claimed industrial design in DEMANDED scope of legal protection, the conditions of patentability of the industrial design, defined by Article 7 of the Act, the decision to refuse to grant a patent (Form PO-HT4), with reduction of corresponding studies (paragraph 20.7 of the Regulations).

42. In case of disagreement with the decision to refuse a patent applicant may, within two months from the date of receipt to file an objection to the Appeals Board.

If applicant disagrees with the decision of the Board of Appeal the applicant may, within six months from the date of receipt of appeal to the Court of Part 3 of Article 27, Part 15 of Article 23-2 of the Act.

VI. Registration, publication of the application of the industrial design, patent pending

– transferrin of layout of official bulletin to department of polygraph.

Department of polygraph receiving materials and replicate N of official bulletin monthly.

After the publication of management training materials and printing return the application materials to the department of the State Register, published materials electronically transmits to the information technology sector to accommodate the next newsletter to the site of Kyrgyzpatent.

VII. Issuance of a patent

49. Following the publication of data on registration of the industrial image of the official gazette state registry department prepares documents of title, are transferred to the personnel department and the office of the act of transfer of documents. One copy is kept in the department of public registers. Issuance of the patent is carried out by the personnel department and office.

The granted patent at the request of the patent owner shall be corrected obvious and technical errors (Article 28 of the Law).

50. The patent for an industrial design is valid for ten years from the date of filing with Kyrgyzpatent. The validity of a patent for an industrial design after ten years Kyrgyzpatent may extend at the request of the patent holder, but for no more than five years (part 3 of article 4 of the Law).

The request for extension of the patent shall be filed with Kyrgyzpatent during the last two months of the tenth year of the patent.

51. Procedure for the extension of the patent for an industrial design in accordance with the requirements of Regulation extending the term of a design patent, approved by Government Decision of January 5, 2011 № 7.

52. Amendments to the industrial design registration is carried out according to the Department of State Register of Annex 3 of the Procedure of the State Register, within one month from the date of receipt of the documents on amendments.

53. Changes to the registration of industrial designs relating to the name, surname, first name or last name of the owner of the industrial design and other changes relating to the registration shall be made on the basis of the statement of the owner of an industrial design filed in the personnel department and office.

To the application on Amendments to the registration of, Registration of in an arbitrary form be accompanied by:

– The original design patent;

– Document on payment of fee;

– Power of attorney issued by the owner of the patent attorney if the application is filed through a patent attorney or representative.

54. Human resources and office sends the documents to amend the Department of State Register, a document confirming payment of fee transfers to the financial and economic sector to confirm the receipt of funds on account of Kyrgyzpatent.

55. The financial and economic sector checks the document on the payment of duties and sends a copy to the Department of State Register. Consideration of documents in the department of the State Register shall be made within one month from the date of receipt of the documents by Kyrgyzpatent.

If the result of the examination of documents the state registry department shall enter the information on changes in the registration of industrial design in the State Register in accordance with the requirements of the Order of the State Register of Annex 1, Chapter 2, paragraph 6, sub-paragraphs 1-7.

Documentation of changes in invested registration file.

Date of information in the State Register of a change in registration shall be the date of receipt at Kyrgyzpatent documents listed in paragraph 53 of this Order or the date of receipt of the last of them, if they were not present at the same time.

In case of improper execution of the documents submitted, or the absence of any of them, the owner of the industrial design is sent to the appropriate request.

Changes in industrial design registration is not made if, within two months from the date of receipt of the request the owner had not submitted the missing or corrected documents.

56. Information on amendments and additions adopted to registration of industrial design publishes in official bulletin of the Kyrgyzpatent within one month from the date of filing in the State registry.

VIII. Storage of materials for industrial design applications

57. An application deemed to be withdrawn due to failure to submit additional materials, after sending the notification to the applicant, fixed by an expert in the “Journal of the transmission of applications for industrial design in the archives” and within three months transferred to the archive.

In the case of an applicant’s request for reinstatement deadline for application materials memo expert returned to the expert department.

58. An application deemed to be withdrawn due to failure to submit an application for a patent with or without examination on the merits, after sending the notification to the applicant, fixed an expert in the “Journal of the transmission of applications for industrial design in the archives” and within three months passed in long-term storage archive.

59. Application to the decision to refuse to grant a patent expert is fixed in the “Journal of transmission of applications for industrial design” in the file and, within three months shall be deposited in the archives.

In case of disagreement with the decision of the examination of the applicant, if the applicant files an objection to the Appeals Board application materials from the archives issued by the Secretary of the Appeals Board.

If you cancel the examination decision the Board of Appeal to refuse to grant a patent for an industrial design application materials are sent to the advisory department for reconsideration. In the case of the decision of the Appeals Board on leaving the examination decision in force, the application materials are returned to the expert department and then transferred to the archives.

In case of the applicant’s claim in the court of the application materials from the archives of the outstanding representatives of Kyrgyzpatent in court.

If the court’s decision to cancel the decision of examination application materials submitted to the department for the State Register of Action for registration.

If the court’s decision on the abandonment of solutions expertise in the power of the application materials are returned to the long-term storage archive.

60. In the case of non-payment by the applicant of the registration fee, publication and grant of a patent, the state registry department monthly reports to the archive materials of the application set forth in the “Journal of the transfer of applications to the archive.

61. In the case of the extension of the patent application materials are stored in the state registry department and after 5 years of the application materials are sent to the archives, the state registry office records in “Journal of the transfer of applications to the archive.”

62. In the case of non-payment of fees for the maintenance of the patent the patent ceases. The application materials are transferred to the long-term storage archive.

In the case of the owner of the patent application for its termination, if a failure does not violate the interests of third parties, the patent is terminated. Department of State Register on the basis of the request, shall enter the information on the termination of the patent in the State Register. The application is embedded in the application materials, which are transferred to the archive.

In the event of termination of the patent due to the expiration of its term application materials are transferred to the long-term storage archive.

63. In the case of a third party objections to the Appeals Board of the invalidation of the patent in full in accordance with Article 29 of the Law, the application materials are given the Secretary of the Appeals Board.

In the case of issuance by the Appeal Board decision on invalidation of a patent application materials are returned to the Department of State Register.

In the case of filing a lawsuit to a court materials of the application are issued to the representative of of Kyrgyzpatent in court.

If the court’s decision on the invalidation of a patent, the application of these materials are transferred to the long-term storage archive.

If the court’s decision on the recognition of a valid patent, the application materials are returned to the Department of State Register.

64. In the event of the initiative of the author, the owner of the patent changes related to the information about them, the Department of State Register by checking the payment of the appropriate fee, makes changes in the State Register and reflects them in an additional sheet of the patent. A copy of the additional sheet is embedded in the application materials. Additional patent list sent to the applicant.

65. When transmitting documents in the archives of structural subdivisions of Kyrgyzpatent is recorded in the “Journal of the transfer of applications to the archive.” Archivist receives an application and make an appropriate entry in the “Journal of registration of receipt of affairs.”

In granting the application archivist records in the “Journal of the issuance of cases from the archive.” Before issuing an archivist checks of all relevant documents.

66. Access to the file is provided to the following persons:

– Office staff expertise;

– Secretary of the Appeals Board;

– Representatives of Kyrgyzpatent in court;

– The staff of the State Register.

The application materials are issued with the memo addressed to the leadership of Kyrgyzpatent signed by the head of the branch.

67. Content of applications in long-term storage archives are for twenty years, then transferred to state custody in the Central State Archive, in accordance with Article 17 of the Law “On National Archive Fund.”

 
 

The Order on record keeping by procedure of international registration of the industrial design - Approved by order of the State service of intellectual property and innovation under the Government of the KR of July 25, 2013 № 111

Approved by order of the Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the KR of May 3,2013 N3

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of July 25, 2013

№ 111

The Order on record keeping by procedure of international registration of the industrial design.

This procedure governs the sequence of processing of an international registration procedures for industrial design in accordance with the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, 1999 and the Hague Act of the Hague Agreement Concerning the International Deposit of Industrial Designs of 1960, and establishes the requirements for the structural units of the State Intellectual Property Service Innovation and the Government of the Kyrgyz Republic for the optimal organization of their interaction (hereinafter – the Order).

1. General Provisions

1. List of abbreviations:Kyrgyzpatent – The State service of intellectual property and innovation under the Government of the KR;

Act1999 – Geneva act of Hague Agreement on international registration of the industrial design of July 2, 1999;

Act 1960 – Hague act of Hague Agreement on international deposit of industrial designs of November 28, 1960;

Instruction – General instruction to Act of 1999 of the Hague Agreement on international registration of the industrial designs;

The International registration – The International registration of the industrial designs by acts of 1999 and international deposit by acts of 1960;

International Bureau – International Bureau of the Word intellectual property organization (WIPO);

Law – Law of the Kyrgyz Republic “Patent Law”;

Order – order of record keeping procedures of the international registration of industrial design, as approved by the Chairman of Kyrgyzpatent on June 25, 2013 № 111;

Rules – Rules for compiling, filing and consideration of an application for a patent for an industrial design, approved by Government Decision of October 27, 2011 № 685;

Bulletin – International Designs Bulletin;

Expert department – Department of examination of inventions, utility models and industrial designs.

II. Receipt of procedure of the international registration of industrial designs in Kyrgyzpatent

2. Information on the procedure of international registration of industrial designs of the Hague Agreement received by e-mail to the personnel department and the office of Kyrgyzpatent in the form of notification of the International Bureau of WIPO for the publication of International Designs Bulletin on the website of WIPO.

Upon receipt of the notice of the publication of the Bulletin fixed the date of his arrival in the “Journal for registration notification published international applications of industrial designs.”

Registered in the personnel department and the office of the publication of the Gazette notice is transmitted to the Expert Division of Kyrgyzpatent.

III. Examination of the patentability of the claimed industrial design

3. Substantive examination is carried out in accordance with Articles 24 and 27 of the Act.

Expert Department for the purpose of conducting the examination of a sample of international applications indicating the Bulletin of the Kyrgyz Republic for which protection is sought in Kyrgyzstan.

At check of patentability of the claimed industrial design is established to comply with the conditions of novelty (paragraph 20.3 of the Regulations) and originality (paragraph 20.4 of the Regulations).

4. Substantive examination of the 1999 Act carried out before the expiry of twelve months, according to the 1960 Act of six months from the date of receipt in the Bulletin of Kyrgyzpatent.

Substantive examination should take into account the time required to send an expert opinion to refuse to grant protection.

5. In order to establish compliance with the criteria of patentability of industrial design, an information search, which includes the following minimum amount of patent search:

a) The depth of the patent search – 15 years;

b) the width of the patent search:

– The Fund is registered and issued in the Kyrgyz Republic security documents on industrial designs;

– Withdrawn applications for industrial designs filed with Kyrgyzpatent with an earlier priority;

– Industrial designs registered in the Russian Federation and published in the Official Bulletin of Rospatent;

– Industrial designs registered in other CIS countries and published in the official bulletins of patent offices (for the library fund Kyrgyzpatent);

– Industrial designs protected in accordance with the procedures of the Hague Agreement and published in the official publications of the International Bureau of WIPO.

Results of information search are reflected in the patent search report (Form-1).

6. If the substantive examination found that the claimed industrial design complies with the conditions of patentability of the industrial design, defined by Article 7 of the Law, an expert department decides on the recognition of compliance with the conditions of patentability of the Kyrgyz Republic (Form ON-2G) and make an appropriate entry in the ” Logbook of international industrial design. “

7. If as a result of the substantive examination the expert department found that the claimed industrial design does not meet the conditions of patentability provided for in § 7 of the Act, the decision on refusal to grant protection.

The notice of refusal shall relate to one industrial design. At the same time until the expiration of twelve months of the 1999 Act, or within six months of the 1960 Act from the date of receipt of ballots by Kyrgyzpatent expert department:

– Fills in the official notification form to refuse to grant protection;

– Forwards such notification to the International Bureau;

– Make an appropriate entry in the “Journal of the International Registration

Industrial Designs “.

The notice of refusal to the International Bureau, in accordance with Rule 18 (2) of the Regulations shall include:

– The national Office that issued the refusal;

– Number of the international registration of the application;

– Name and address of the owner of the international registration;

– Reasons for the refusal, with reference to national legislation;

– The registration number of the sample to which the failure (if the refusal does not relate to all the industrial designs included in the international application);

– Date and number of previous national or international industrial designs, copies of images of industrial designs, names and addresses of their owners, in the event that one or more of the preceding national or international industrial designs opposed the international registration;

– An indication of whether a refusal to be reconsidered or appealed, the deadline for filing an opposition and the authority to which an objection must be filed stating that the objection must be filed through a patent attorney;

– The date on which Kyrgyzpatent got Bulletin in which the international application is published;

– The date on which the refusal was pronounced.

8. If the applicant disagrees with the decision of the examination, he may, within three months from the date of receipt of the notice to file an appeal with the Appellate Council of Kyrgyzpatent

Conducting business on the challenge to the decision to refuse to grant protection to industrial designs that are the subject of the international registration only through a patent agent registered with Kyrgyzpatent (item 2.3 of the Rules). In providing objections checks for a power of attorney issued by the applicant certifying authority of a patent attorney, or a copy of a power of attorney executed in accordance with the requirements (item 3.5 of the Rules).

Activities of the Board of Appeal is regulated by Rules of giving of objections and statements before the Board of Appeal of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic, approved by the decree of the Provisional Government of 9 July 2010 № 117.

9. On the basis of the decision of the Appeal Board against the decision of examination the applicant shall be a reasoned decision. On this basis, the expert department:

– Fills in official form the notification of withdrawal of refusal;

– Sends a notice of revocation of refusal to the International Bureau;

– Make an appropriate entry in the “Journal of the International Registration

Industrial Designs “.

If you cancel the court decision the Board of Appeal on the basis of the expert department of the court’s decision:

– Fills in official form the notification of withdrawal of refusal;

– Sends a notice of revocation of refusal to the International Bureau;

– Make an appropriate entry in the “Journal of the International Registration

Industrial Designs “.

IV. The recognition of the protection of the industrial design invalid

10. Protection of the industrial design that is the subject of the international registration for the duration of its action may be declared invalid in whole or in part on the objection against its provision in cases specified in paragraph 1 of Article 31 of the Law.

An objection may be filed with the Appeal Board by any person. Filing an objection in accordance with the requirements established by law.

11. Based on the decision of the Appeals Board (if it is not appealed) or a court decision on the recognition of the protection of industrial design invalid expert department:

It is the direction notification of refusal of registration to the International Bureau.

-adopt corresponding entry in the “International Journal of Industrial Designs”.

V. Preparation of materials, publication and storage of information on international industrial design

12. When deciding on the recognition of compliance with the conditions of patentability of the Kyrgyz Republic of the international industrial design expert department prepares the table “Industrial designs protected in the Kyrgyz Republic in accordance with the Hague Agreement” (Form ON-3G).

Expert Department of monthly transfers the table “Industrial designs protected in the Kyrgyz Republic in accordance with the Hague Agreement” in the department of training materials.

Division produces training materials reception file (copy) to the sixth day of each month of the year, with the fixation of fact receive in the “Journal of Accounting and Control of materials for publications».

Department of the prepare materials carrying out The department carries out preparation of materials acquisition of material for publication, literary text editing, coordination with experts, provides guidance to the Kyrgyzpatent and transmits the layout of the official bulletin in the printing department.

Printing Department receives material replicates the number of official monthly newsletter.

13. Storage of materials application for the international registration of industrial designs is provided in the expert department.

 

The order of consideration of the documents relating to the procedure for replacing the national trademark registration by an international registration - Approved by order of the Chairman of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent) of June 25, 2013 № 111

Approved

 

Approved

by decision of the Science and Technical Council of the State service of intellectual property and innovation under the Government of the KR (Kyrgyzpatent)

 

By order of the Chairman of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic

(Kyrgyzpatent)

of December 20, 2012 №2  

      of June 25, 2013  № 111

 

The order of consideration of the documents relating to the procedure for replacing the

national trademark registration by an international registration

I. General provisions

1. This procedure regulates State service of  intellectual property and innovation under the Government of the Kyrgyz Republic (hereinafter referred to as “Kyrgyzpatent) documents relating to the replacement of national registration of a trademark and service mark (hereinafter referred to as the trademark), registered according to the procedure established by the Kyrgyz Republic’s law” on trademarks, service marks and appellations of origin, an international registration of a trademark that is registered under the procedures established by the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Madrid Agreement) and the Protocol relating to the Madrid Agreement concerning the international registration of marks (hereinafter referred to as the Protocol relating to the Madrid Agreement).

2. In accordance with article 4  of the Madrid Agreement and article 4  Protocol relating to the Madrid Agreement, if the mark which is the subject of national registration in the Kyrgyz Republic, is also the subject of the international registration, an earlier national registration may be replaced by an international registration.

3. the replacement of the national registration by an international registration is carried out if the following conditions are true:

-indication of the Kyrgyz Republic is contained in the international registration, or in a Declaration on territorial expansion under article 3 of the Madrid Agreement and of articles 3  of the Protocol relating to the Madrid Agreement;

the holder of the national and international registration is one and the same person;

-the subject of national and international registration of the same mark;

-mark, which is the subject of national and international registration, registered for the same goods and/or services.

II.Replacement of national registration by an international registration

4. Replace the national trademark registration by an international registration shall be effected on the basis of the application of the holder of the international registration to replace national registration by an international registration (hereinafter referred to as the Declaration).

The statement shall be accompanied by:

-proof of payment of the prescribed fee for recording on the initiative of the owner changes and corrections in the State Register of trademarks and service marks of the Kyrgyz Republic (hereinafter referred to as “State Register of TK) and trademark certificate, at the appropriate rate shall be submitted simultaneously with the application;

-power of attorney executed properly, or a certified copy of the power of Attorney, if the application is filed through a patent attorney or his representative.

5. Application and the attached documents are served in Kyrgyzpatent and transmitted to the State  Registry Division.

6. Division of State registries checks and compliance to the payment of a fee established by the size. In case together with the statement of the document confirming payment of the fee changes in the corresponding State register and on the certificate are made.

Further documents are transferred to the trademark examination Division.

7. Trademark examination Division, within two months from the date of receipt of the materials, verifying their compliance with the requirements set out in paragraph 3 of this order.

After verification of trademark examination Division makes and transmits to the public registry Division of opinion on the form shown in annex 1 to this order.

8. In case of inconsistency between the documents requirements established by paragraph 3 of this order, the application stops, the public registry Department shall send to the applicant a notice (annex 2) on termination of Office work to replace national registration by an international registration.

9. In case of conformity documents requirements established by paragraph 3 of this order, the Department of State registries makes replacement information in the State Register of TK according to the form given in annex 3.

10. Within one month from the date of recording of the information in the State Register of TK trademark examination Division prepares a notification to the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the IB of WIPO) to replace the national registration by an international registration in the form shown in annex 4.

A notification is issued in two copies, in French, in accordance with the requirements of regulation 6 common regulations under the Madrid Agreement and the Protocol relating to the Madrid Agreement. The notification shall be signed by the head of Department examination of trademarks and head of the Department of State registries. The first instance is sent to the IB of WIPO, the second case of a national application is attached.

11. Within one month from the date of recording of the information in the State Register of TK Division public registry shall notify the applicant for replacement of national registration by an international registration according to the form given in annex 5, to the address specified in the statement.

12. Within one month from the date of recording of the information in the State Register of TK public registers Division passes in training materials Division information about replacing national registration by an international registration for publication in the official bulletin of Kyrgyzpatent “Intellektualdyk Menchik” under “Notices”, according to the form given in annex 6.

 
 

RULES work with documents in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic - Approved by order of the Chairman of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent) from ``7`` may 2014, no. 72

Approved by

the Scientific and Technical Council of the State service of intellectual property  and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

 

Approved by

order of the Chairman of the State  service of intellectual property and innovation under the Government of the Kyrgyz Republic

(Kyrgyzpatent)

from the “2” may 2014, no. 9

 

from “7” may 2014, no. 72

RULES

work with documents in the State  service of intellectual property and innovation under the Government of the Kyrgyz Republic

I. General provisions

1. the present Rules of work with documents in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (hereinafter referred to as the Regulations) is designed in accordance with the Kyrgyz Republic’s law “on the procedure of consideration of citizens ‘ appeals”, the regulations of the Government of the Kyrgyz Republic, approved by Kyrgyz Republic Government resolution dated June 10, 2013 No. 341, Model instruction on records management in the Kyrgyz Republic, approved by Kyrgyz Republic Government resolution dated July 23, 2012 no. 517 (hereinafter referred to as the Typical instruction) and Rules of work with documents in the Office of the Government of the Kyrgyz Republic approved by the Decree of the Prime Minister of the Kyrgyz Republic dated September 20, 2011  no. 432.

This regulation provides for the basic requirements for documents and defines how to work with documents in Kyrgyzpatent.

2. Record keeping system of Kyrgyzpatent shall be conducted in public and official languages.

3. General record keeping and methodical guidance of work with documents in the structural units of Kyrgyzpatent is vested in the Office management service of Kyrgyzpatent. Responsibility for compliance with established rules and how to work with documents and references of citizens, ensuring the timely implementation of decisions and orders, quality training materials, as well as recording and preservation of the documents in the structural units rests with their leaders.

Employees of Kyrgyzpatent shall bear personal responsibility for compliance with the requirements of the present regulations and preservation of the documents. The loss of the documents must be reported immediately to the management of Kyrgyzpatent, the head is an Act, where necessary, shall be appointed by the official investigation.

4. transmission of documents or their copies to employees of other organizations, individuals, as well as the use of the information contained therein in the media are only allowed with the permission of the management of Kyrgyzpatent.

5. employees of Kyrgyzpatent in the care of a vacation, away on a business trip and otherwise, are obliged to pass them on in the execution of the documents to the head of the structural unit for transfer to other performers. When dismissing an employee of Kyrgyzpatent, all documents under his execution is transferred to the head of the structural unit or, in the case of the head of the structural unit, the person appointed to carry out his duties.

6. Kyrgyzpatent makes documents on matters within its purview to higher authorities in accordance with the requirements established by the regulations of these bodies.

7. How to work with classified documents are determined by special regulations.

II. How to work with documents in Kyrgyzpatent system

8. Reception and registration of incoming correspondence confidential nature is managed by records management on the day of its receipt in accordance with the requirements of the model instructions. Correspondence is taken from post offices and from citizens throughout the day. Registered documents after they are distributed to performers transmitted to their destinations on the day of their registration, in an extreme case-the late delivery, need materials selection, a large volume of correspondence-not later than the next day and urgent correspondence-immediately (against receipt logbook).

In case of receipt of correspondence, subject to registration, including facsimile, electronic, telefonogramm, directly into any subdivisions of Kyrgyzpatent, it should be handed over to them in the Management Office service to register the same day.

Records management service maintains a log of the transmission of facsimile, electronic communications, telefonogramm. The log sheets must be numbered, bounded and sealed.

9. Documents requiring urgent action, promptly reported to a Manager, and in case of his absence the stats-Secretary or Deputy head.

Documents with Assembly resolution Guide distributed processing of the structural units of service no later than the next working day. Documents are artists, paintings in a special register, through an authorized employee.

Documents transmitted by the leadership directly to performers, must be registered with them in the service of Office-work during the working day.

Received in the structural units of the chiefs of structural subdivisions of the documents transmitted to specific performers.

10. If the incoming document addresses issues, supervised several structural divisions, responsible for its execution is considered head of the structural unit whose name stands first in the resolution. While responsible for performing this task should promptly transmit a copy of the document of the persons listed in the resolution, which must present its position on the document for the preparation of solutions to the issues raised.

If the execution deadline does not allow you to run the task on the above date, users must submit the leadership memo justifying the reasons and requesting new deadlines. Responsible performer is given the right of convening the co-operators. Co-executors are equally responsible for the timely and qualitative execution of documents.

11. the draft executed document must be signed by indicating the date of fulfillment of the Executive Director, the head of Department or sector, the head of the structural unit, whose performance was the document and passed the leadership of Kyrgyzpatent.

Outgoing documents after approval leadership of Kyrgyzpatent shall be documented on the letterhead in duplicate with same serial numbers and transmitted for signature management. After signing the document, a copy is sent to the author of the letter, and the second (with visas Executive Director and directors) is stored in the service records, with him done copy, which shall be kept by the contractor.

In the case of annexes to document their copy is kept in the Division, ispolnivšem job. Primary documents, containing the job and received, as well as the executed documents are stored in the ispolnivšem setting. Their transfer to the archive shall be as prescribed by relevant laws and regulations.

12. the documents sent to the Government, Ministry, signs or approves the Chairman or, in his absence, by a Deputy Secretary or alternative it officially. This specifies the actual position of the person who signs the document and his surname.

13. it is not allowed to sign documents with the preposition “for” or putting a backslash before the name of the post.

III. How to work with citizens

14. consideration of the applications and reception of citizens is carried out in accordance with the Kyrgyz Republic’s law “on the procedure for considering citizens ‘ requests and relevant decisions of the President and the Government of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic, as well as departmental acts of Kyrgyzpatent.

The Organization citizens reception guidance of Kyrgyzpatent is vested in the Division of personnel and administration. Reception hours chiefs of structural subdivisions of Kyrgyzpatent shall be performed on an as-needed basis in working order.

Registration of citizens applying for admission is conducted in specialized journals. In magazines are marked with the date, name, surname, patronymic, the crux of the matter and the result of its consideration.

If treatment has not been finally resolved to personal interviews, it management through the service paperwork is transferred into the Department entrusted with his permission.

15. Received letters, statements, complaints, electronic messages (hereinafter handling) citizens shall be recorded in the record book in one day and on the special control service. Within three working days after the receipt of the electronic circulation of Kyrgyzpatent shall send notification of the adoption of its citizen, indicating the date, time and numbers. Records management service summarizes the results of consideration of references of citizens entering Kyrgyzpatent, prepares monthly analysis of references of citizens and informed guidance on the status of this work.

16. appeals by citizens Received should be considered within fourteen days from the date of their registration. If resolving a case requires special verification, timing may be exceptionally prolonged but not more than thirty days. Treatment are considered to be discussed when resolved their issues and notified to the applicant, send complaints for consideration by officials, actions which are appealed-is prohibited.

17. At revealing of infringements in the course of consideration of references of citizens guilty officials bear responsibility in accordance with the legislation of the Kyrgyz Republic.

IV. procedures of preparing, processing and distribution of administrative documents of Kyrgyzpatent.

18. Administrative documents in Kyrgyzpatent are ruling Panel, internal orders and decisions.

Preparation of draft regulatory documents are subdivisions of Kyrgyzpatent. Draft documents submitted for signature to the head of Kyrgyzpatent heads of structural subdivisions.

Administrative documents are issued on special forms of the established sample.

19. the draft regulatory document for signature is coordinated and endorse the Executive Director, head of structural Division who made the project heads of structural subdivisions, which the project provides jobs and assignments, as well as Office work service head and the legal service. Draft administrative documents relating to financial matters should be brought to authorized structural subdivision on Finance of Kyrgyzpatent.

In case if the draft administrative documents affect the work of other structural units or their employees, they must necessarily be consistent with these structural units. The harmonization effected by affixing visa head of the structural unit of the project. In case of disagreement, the head of the structural unit is required to submit to the leadership of the reasoned objection.

20. How to work with documents in ad hoc bodies of Kyrgyzpatent (Board, the Appeals Board, the scientific and technical Council, the Council of authors, the Council of holders of neighbouring rights, the Council of inventors, the Board of the State Fund of intellectual property) are governed by the relevant provisions on these bodies.

21. The processing of applications concerning the provision of legal protection of intellectual property rights, as well as for the review and registration of license agreements is regulated by the relevant existing regulations.

(V) Development procedure. and introduction of draft normative legal acts of the Government of the Kyrgyz Republic

22. Draft regulations developed pursuant to the Constitution of the Kyrgyz Republic, the KR laws, acts of the President of the Kyrgyz Republic, Jogorku Kenesh of the Kyrgyz Republic decrees, resolutions of the Government of the KYRGYZ REPUBLIC in accordance with the requirements of the laws of the KYRGYZ REPUBLIC “on normative legal acts of the Kyrgyz Republic, Jogorku Kenesh regulation” regulations of the legislative works of the Government of the Kyrgyz Republic, regulations of the Government of the KYRGYZ REPUBLIC, the rules of work with documents in the Office of the Government of the Kyrgyz Republic.

23. proposals on draft regulatory legal acts are initiated by structural divisions,subordinate organizations and should be sent to the legal service, signed by the head of the corresponding structural unit, an arm of the Organization for the examination.

At the same time, draft normative legal acts on the issues of ensuring the constitutional rights, freedoms and responsibilities of citizens; legal status of public associations, the mass media; State budget and tax system; environmental safety; combating offences; the introduction of new types of State regulation of business activity should be subject to legal, human rights, gender, environment, anti-corruption and other scientific expertise (depending on legal relations, which sent draft legal regulatory act). Anticorruption examination conducted an anticorruption Commission.

24. Draft normative legal acts aimed at regulating entrepreneurial activity, are subject to regulatory impact analysis (hereinafter-ARV) in accordance with the methodology approved by the Government and considered by the Working Group on ARV.

25. after the respective expertises Legal Department drafts of normative legal acts and introduced the Working Group on the elaboration of NORMATIVE and LEGISLATIVE ACTS in the field of intellectual property (hereinafter referred to as the Working Group for the elaboration of NORMATIVE and LEGISLATIVE ACTS) and the scientific and technical Council in due course.

26. As endorsed by the Council for science and technology projects of normative legal acts should be brought by the chiefs of structural subdivisions responsible for its preparation, legal services, structural unit of carrying out the translation of documents and made on the harmonization of management. The agreed draft legal regulatory act is payable on signing the President.

27. the chiefs of structural subdivisions and the direct operators, zavizirovavšie draft normative legal acts introduced by the Government of the Kyrgyz Republic shall bear personal responsibility.

28. the draft regulations are introduced by the Government of the Kyrgyz Republic in accordance with the procedure established by law.

(V) (I) Preparation and approval of departmental acts, Kyrgyzpatent

29. Kyrgyzpatent shall elaborate and approve in the prescribed manner within its field of competence, institutional acts, binding for all structural subdivisions of internal working language in the performance of basic functions of Kyrgyzpatent.

Acts of Kyrgyzpatent shall be developed by the relevant structural subdivisions and subordinated entities, which should be directed at structural unit to develop and improve departmental acts for consideration. Structural unit to develop and improve departmental acts, introduced the Working Group’s meeting on developing NLA projects departmental acts.

30. the draft departmental acts, documents, for consideration by the Working Group on the elaboration of NORMATIVE and LEGISLATIVE ACTS, shall be circulated to members of the Working Group of the Secretary of the Working Party in the period of not less than 3 days prior to the forthcoming meeting of the working group.

31. in reviewing departmental Act, the members of the Working Group on the elaboration of NORMATIVE and LEGISLATIVE ACTS have the right to comment and make suggestions for its improvement. Based on the results of consideration of the Secretary of the Working Group on developing NLA prepares the minutes signed by the Manager and the Secretary of the working group. If the members of the Working Group did not agree, controversial issue is indicated in the Protocol shall be submitted to HMRC.

The draft departmental acts, documents should be reviewed by the scientific and technical Council of Kyrgyzpatent and approved by the head of Kyrgyzpatent.

Vi. Organization of monitoring instruments

32. Incoming, outgoing and internal documents that require the adoption of certain decisions, execution and compilation of answers are put under control. Mandatory control documents are to be received from the Office of the President, ŽogorkuKeneša and the Government of the Kyrgyz Republic. Monitoring of implementation lies with the service.

33. Deadlines for documents shall be calculated in working days, from the date of receipt of the document.

Documents are executed within the time specified in the resolution, the leadership in the absence of deadlines in the resolution within the time frame set out in the document itself, in the absence of deadlines in the document itself, within 10 working days. If the resolution stated “urgent”, the document is to be served during the day. Cancel, suspend, extend the period of execution of the documents has the right sponsor of the resolution.

If a document cannot be executed within the prescribed time limit, the artist tells about the reasons for the delay and seeks to extend the duration of execution. Term of execution(performance) of the document extended head behind it.

34. The document is considered executed when allowed its questions and the addressee reply on the merits. Removing a document from the control is carried out after the signing of the executed document direction of Kyrgyzpatent.

35. the Office of records management monthly report that contains data about the performance of controlled documents and submits it to the leadership of Kyrgyzpatent.

VII. How to work with documents that contain confidential information restricted

36. the provisions of this regulation also apply to documents marked “confidential”.

The need for affixing a vulture “for official use” is determined by the head of Kyrgyzpatent, upon the nomination of the Executive Director on the need to limit the dissemination of information contained in those documents. Vulture and instance number shall appear in the upper-right corner of the first page of the document, on the cover and the title page of the document and on the first page of the cover letter to those instruments.

Vulture “for official use only” put on separate documents regulatory background, informative and containing unclassified information restricted. They include information not to be published in the press, use of media, as well as requiring a limited number of getting acquainted with them.

37. the deeds and documents marked “confidential”:

-ignored separately from other (unclassified) documentation. With a slight amount of documents marked “for official use only” allowed to have them taken into account, together with the other non-classified correspondence. In this case, the registration number of the document is labeled “DSP”;

-transferred workers units against receipt;

-forwarded to third parties by registered mail;

-printed on the initiative of the head of the structural unit, only with the written permission of the head of Kyrgyzpatent. Accounting documents are printed individually.

38. the documents marked “for official use only” after the performance are grouped in accordance with the nomenclature of cases confidential paperwork. Documents are grouped into action alone or along with other confidential documents on the same subject.

VIII. Registration and storage of seals, stamps and forms

39. The compulsory integration of all types of seals and stamps, letterhead and other stationery with angular and longitudinal stamps, letterheads, identity cards, travel permits, work books and all kinds of other documents. Seals and stamps should be stored in vaults or in metal cabinets.

The responsibility for the storage and use of seals, stamps and letterheads are the responsibility of the person authorised to do so.

Official stamp is stored by an officer appointed by the authority. The responsibility for the storage and use of stamp printing bears it’s official.

Issuance of stamps, seals and forms is made against the relevant accounting logs.

Destruction of seals, stamps and forms is made in the manner prescribed by regulations of the Kyrgyz Republic.

IX. Archiving of documents

40. For document storage, their registration, use the selection and preparation for transfer to state storage archive is created. Archiving of Kyrgyzpatent leads Archivist.

In its activity is guided by the law of the Kyrgyz Republic Kyrgyzpatent archive “on the National Archive Fund of the Kyrgyz Republic”, the order of processing of the documentation archiving of Kyrgyzpatent, orders and instructions of the manual of Kyrgyzpatent, normative and methodical documents of the central State archive of the Kyrgyz Republic and other institutions of State archival services of the Republic.

 
 

Order of processing of the application for international registration of an industrial design filed through Kyrgyzpatent in the International Bureau of the World Intellectual Property Organization - Approved by order of the Chairman of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic from ``25`` June 2013, no. 111

Approved by

the Scientific and Technical Council of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

 

Approved by

order of the Chairman of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic

of 3 May 3, 2013

 

from “25” June 2013, no. 111


Order of processing of the application for international registration of an industrial design filed through Kyrgyzpatent in the International Bureau of the World Intellectual Property Organization

This Order regulates the sequence of records management to conduct a formal examination and send the application to the International Bureau of WIPO for international registration of an industrial design filed under Kyrgyzpatent, and establishes requirements for structural subdivisions of Kyrgyzpatent for optimum organization of their interaction (hereinafter referred to as the order).

I. General provisions

1. List of abbreviations:

Kyrgyzpatent-State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

Act, 1999 .-The Geneva Act of the Hague Agreement concerning the international registration of industrial designs of July 2, 1999 onwards;

Act-1960 Hague Act of the Hague Agreement concerning the international deposit of industrial designs of November 28, 1960 year;

Instructions-general instructions to the 1999 Act 1960 Act of the year and the year of the Hague Agreement concerning the international registration of industrial designs;

The International Bureau the International Bureau of the World Intellectual Property Organization (WIPO);

Law-the law of the Kyrgyz Republic “patent law”;

The Statute of fees-the Statute of fees for patenting of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, granting the right to use appellations of origin of goods, approved by the Government of the Kyrgyz Republic dated June 12, 1998, no. 346;

Order-order of processing of the application for international registration of an industrial design filed under Kyrgyzpatent, approved by the Chairman of Kyrgyzpatent June 25, 2013 No. “111”;

Rules-the rules of drawing up, filing and processing of applications for the grant of a patent for industrial design, approved by Kyrgyz Republic Government resolution dated October 27, 2011 year no. 685;

Application-the application for a patent for industrial design;

INCD-international classification of industrial designs;

Expert’s Department-Department of examination of inventions, utility models and industrial designs.

II. Admission applications in Kyrgyzpatent

2. Application materials served in the Division of personnel and administration of Kyrgyzpatent by the applicant directly, its agent or patent attorney or sent by mail or by fax (with the subsequent submission of her original), electronically on computer-readable media (with simultaneous submission on paper), or by other means of transmission.

In the admission application materials:

-incoming number is assigned;

-fixed the date of its receipt;

-counts the total number of sheets of the application materials;

-entry in the journal for international applications for industrial designs;

The applicant or his representative shall be issued a receipt of acceptance of the application materials, containing the name of the claimed industrial design, number of pages taken documents and the date of their receipt. HR Officer shall sign against receipt and paperwork.

3. Registered in the personnel department and Office application is passed to the expert’s Department on the day of its receipt. When receiving documents:

-verification of compliance of number of sheets application materials, recorded in the journal for international applications for industrial designs;

is attached the signature and date of admission materials in the journal;

-data about the request are recorded in the trace log expert Division.

4. the date of filing is the date of receipt of application to Kyrgyzpatent, provided that the application were received by the International Bureau within one month from the filing date. If the application has not been received by the International Bureau within the period specified, the date of filing shall be the date of receipt of CE to the International Bureau.

5. A document certifying payment of the fee is the receipt of the Bank having the Bank stamp on payment or statement about admission fees at the expense of Kyrgyzpatent.

Admission document on payment of the fees from the applicant carries out HR Department and record keeping, the registration document about payment of fee registration fee payment history “, in which recorded:

-Name and surname which deposits a document confirming payment of the fee;

-Base;

-the date and amount of the document confirming payment of the fee.

After registration, a document confirming payment of the fee in the journal registration fee payment “, the paper put the incoming document number and document on payment of the fee is passed to the financial and economic sector with putting in the above signature log host and date of admission.

6. Financial and economic sector is accounting duties, storage of documents for payment of duties and acts:

-captures actual receipts on account of Kyrgyzpatent, paid as fees, stamp;

-generates database for accounting fees for all applications;

the document on payment of duty in the expert’s Department, with putting in “dues” log signature accepting the date of admission;

-agrees with the expert Division, the payment of fees, as well as questions of the possibility and need for transfer or refund of overpaid amounts as duties;

-monthly on the basis of legally significant actions carried out the examination Division is an act to cancel payments and transfers to the accounting department.

Registered in the personnel department application materials and paperwork are checked for the presence of Department experts document confirming payment of the fee, for international registration, for filing, examination and renewal fees for forwarding materials application to the International Bureau in the prescribed amount paragraph 4 of section II, paragraph 2 of section IV Provisions on fees.

III. Formal examination

7. The formal examination is carried out from the moment of receipt of the application in the expert Division.

During the formal examination of the international application shall be verified:

-completeness of the application;

-compliance of the established requirements;

-the existence of the applicant’s right to file an application.

8. When checking the completeness of the application checks the composition of documents required:

-two copies of the completed application form of the international application (form DM/1 (e));

-pictures of the industrial design in the form of photographs or other graphic representations of the industrial design in two copies;

-proof of payment of the prescribed fee for an international registration to the International Bureau;

-proof of payment of the prescribed application fee and formal examination and the fee for the forwarding of materials application to the International Bureau;

-power of Attorney stating the powers of the representative, if the materials of the international applications are filed through it.

9. When checking compliance with the requirements of the international application is filled in on the official form provided by the International Bureau. Form must be completed in English or French and signed by the applicant in block letters.

According to rule 7 Instructions application shall contain or indicate:

-the name of the applicant if the applicant is a natural person, it indicates

surname, name, or additional name of that person; If the applicant is a legal entity-it specifies the full official name of the legal person; If the name or legal name of the applicant is composed of letters other than Latin characters, the indication of such name or names should be transliterated by Latin letters, which should follow the phonetic rules of the language of the application;

-address of the applicant; This address must be indicated in such a way as to satisfy the customary requirements for prompt postal delivery and shall contain all the relevant administrative units; Moreover, the indication of an address may contain a telephone number and facsimile number, and for the purposes of correspondence, an address different from the above address. If there are two or more applicants with different addresses, that should be indicated only one address for correspondence; When specifying this address does not exist, the address for correspondence is the address of the applicant, the specified first in the application;

-the name and address of the representative, if any; Moreover, the indication of an address may contain a telephone number and facsimile number; If the name of the representative is composed of letters other than Latin, transliteration is done by specifying the name in the Latin alphabet, which should follow the phonetic rules of the language of the application; If the representative is a legal person and its name consists of letters other than Latin, referred to the transliteration may be replaced by a translation into the language of the application;

-an indication of the number of cases of industrial designs for which protection is sought; the number of cases should not exceed 100 industrial designs belong to the class of the international classification for industrial designs (INCD);

-indication of the product or products which constitute the industrial design or in relation to which the industrial design should be used; product or products must be specified, preferably using the terms appearing in the

INCD;

-INCD class industrial design belongs;, all products that make up the industrial designs to which an international application relates, or in relation to which should be used in those industrial designs should belong to the same class of the INCD;

-description of the industrial design, including a description of the colors; the description must not exceed 100 words;

-indication of the countries in which protection is sought;

-indication, claiming the priority of that earlier application, together with the name of the Office with which that application was filed, the number of that application and, if priority is requested in respect of all the industrial designs that are listed in the international application, the indication of those industrial designs in respect of which priority is claimed;

-indication of the colour of any publication;

-the application for adjournment of publication if the applicant wishes to defer publication of the industrial design; the period of deferment cannot exceed 30 months from the date of international registration or from the date on which the priority is claimed; for the application for adjournment shall be paid the fee;

-indication of the amounts of the fees to be paid and the method of payment;

-the signature of the applicant or representative.

10. When verifying the conformity of the images of the industrial design in accordance with rule 9 of the instructions of the image of the industrial design, the choice of the applicant, shall be submitted in the form of photographs or other graphic representations of the industrial design, or the product or products constitute the industrial design. One and the same product can be viewed under different angles; views from different angles may be included in the same photo and graphic image.

If the industrial design or product is two-dimensional, he may be represented by one image view, if a product is 3D it seems at least six types of images.

The dimensions of the image must be within: not more than 16 x 16 inches but not less than 3 x 3 cm.

All of the photographs or other graphic representations must be submitted on a separate white and opaque sheet of A4 in two copies. All images must be submitted in the order which the applicant wishes them to the published. Each sheet should not contain more than 25 images; indent each image must not be less than 5 millimeters.

Photographs or other graphic representations must not be and should not be appended to a curve stapler.

All the images are numbered on the margins of the photographs or other graphic reproductions. When the same industrial design is represented from different angles, the numbering shall be as follows: 1.1, 1.2, 1.3-for the first sample, 2.1, 2.2, 2.3-second sample variations, etc.

11. in accordance with article 3 of the Act and the 1999 Act 1960 g. checks the availability of the applicant’s right to file an application according to which the international registration of an industrial design may seek any citizen of the Kyrgyz Republic, as well as any natural or legal person that has a place of residence (or location) in the Kyrgyz Republic, or a real and effective industrial or commercial establishment.

12. If during the formal examination of the application installed that application is filed in violation of the requirements for the registration of documents, the applicant shall be given promptly to the request indicating the shortcomings and requesting the missing or corrected documents.

The query can include requirements:

-number of copies missing fired images of the industrial design;

-provide proof of payment of the fee for international

registration;

-provide proof of payment of the outstanding amount of application fee and the holding of a formal examination and/or fees for forwarding materials application to the International Bureau;

-to submit any other information and documents, the absence of which prevents the completion of the formal examination phase in Kyrgyzpatent.

If there are errors or inaccuracies, request correction which does not extend beyond the purview of Kyrgyzpatent and does not require harmonization with the applicant, Kyrgyzpatent himself corrects such errors or inaccuracies.

IV. Send application materials to the International Bureau

13. following the completion of the formal examination, Kyrgyzpatent shall send the application materials to the International Bureau. It is possible to forward application materials by fax if necessary. The fact of sending fixed in “notification log, decisions and requests of the Division of personnel and administration. Kyrgyzpatent shall notify the applicant of the forwarding of the international application to the International Bureau.

14. submissions of applications for international registration of industrial designs, copies of requests for data from applications, notification of refusal of registration are in the expert Division before it expires, the following shall be deposited in the archive.

 

Instruction ``on order of reception, storage, examination and return products containing objects of copyright and related rights provided for research and expertise in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent) - Approved by order of the State service of intellectual property and innovation under the Government of the KR of June 25, 2013 № 111

Approved by decision of the Scientific and Technical Council of the State Service of intellectual property under the Government of the KR of May 3, 2013 №3

 

Approved by order of the State service of intellectual property and innovation under the Government of the KR of June 25, 2013 № 111

Instruction

 “on order of reception, storage, examination and return products containing objects of copyright and related rights provided for research and expertise in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic (Kyrgyzpatent)

 I. General provisions

1. This instruction defines the order of reception, storage, examination and return products containing objects of copyright and related rights audiovisual works, phonograms, computer programs and databases (hereinafter referred to as products) to research and expertise in intellectual property and public service innovation under the Government of the Kyrgyz Republic (hereinafter referred to as “Kyrgyzpatent”).

2. Made in these instructions rules apply to products containing objects of copyright and related rights and documents received in criminal, administrative and civil cases as samples for comparative research.

3. the rules established by the present instruction, shall be mandatory for employees of Kyrgyzpatent, whose activities are related to the research and examination of goods and persons, designating examination. 4. For the purposes of these regulations the following terms have the following meaning: audiovisual work-means a work consisting of a fixed series of interconnected images (with or without sound accompaniment), designed for Visual and auditory (in the case of accompaniment sound) perception by means of appropriate technical equipment; audiovisual works include cinematographic works and all works expressed by means comparable to cinematography (television and video films, slide films and filmstrips and similar works), regardless of their method of initial or subsequent fixation;  phonogram-any exclusively sound recording performances or other sounds that can be perceived.

II. Procedure for acceptance and registration of products 

5. Products and materials for the production of research and expertise to Kyrgyzpatent, provided directly by the appointing examination by order or definition, the cover letter customer service clerical work of Kyrgyzpatent. 6. provision for research and expertise falling objects is retained by the person (body) to nominate experts. 7. Products and materials are accepted only when they contain a full set of materials and products listed in order or determination, cover letter. When receiving products and materials:-counts the total number of materials and products; -check the conformity of the documents submitted their list in order or determination, the transmittal letter;

-entry in the journal received and issued to production “; -filled boxes “statement date” and “incoming number”; Products and materials that come in for research or production Kyrgyzpatent examination are taken personally by the expert, what is the instrument of transfer and receipt of products with its full description (number, type of packaging, etc.), as well as, in case of necessity is marked on the first instance ruling or determination, accompanying pis′maposle which is registered in the service. When receiving materials product packaging is not opened and there is only the appearance and condition of packing in the case of violations. In cases where a decision or determination, cover letter on the appointment of the examination are in one package, it is opened in the presence of the person appointing the expert examination. Persons that produce packaging products, to send them to research and expertise, it is recommended that these documents be placed separately.

8. 8. After considering the leadership of Kyrgyzpatent, materials are transferred to Office work service head against copyright and related rights (hereinafter referred to as the head of the Department), which passes them to the research sector. 9. List of materials and products entering the study and examination, shall be entered in the journal received and issued to production “, against expert. After receiving expert reveals the packaging products, verifies the observance of rules of preparation of materials for study and examination and correspondence are in the package objects and documents their list in order or determination, an accompanying letter of appointment study and examination. 10. In cases when opening the package is detected the lack of specified in the judgment or determination, an accompanying letter of appointment of the examination of objects or their non-conformity to the description or the number of objects sent for examination, head of sector-expert. It must be shown data that were not represented:

– Name surname;

– № of material;

– date of receipt of materials and products;

– -a list of materials and products

– -type of product specified in the judgment or determination, cover letter.

11. Failure to observe the rules of prepare of materials available for study and examination, their incompleteness and poor quality, lack of the materials and the products of individual objects and documents referred to in the judgment or determination, an accompanying letter of appointment of the examination, head of the 3-day term shall inform the appointing authority. If the last 10 days for these shortcomings will not solve materials returned with indication of reasons for return.

Ш. Storage of product 

12. for the safety of products and materials submitted to research and examination, the responsibility of experts, producing research and expertise. 13. safekeeping of the EA products and materials made to the study, are stored in compliance with the generally accepted rules of material storage, safes, boxes, cabinets with shutter, ensuring their safety and excluding change in appearance and properties. Access should be limited to experts who conduct research.

IV. Procedure and the timing of the examination

14. the term of carrying out research and expertise is 10 working days. In the case of a submission to the research and expertise of more than 3 (three) thousands of copies of the seized products, research and examination dates may be extended up to 30 working days the leadership of Kyrgyzpatent on the petition of Chief of management of copyright and related rights. In cases where research and examination cannot be completed within specified time frames, an expert in writing notify the authority, the author of the review.

15. the responsibilities of the expert study and expertise include products containing the objects of copyright and related rights, to resolve its issues on the basis of his expertise and give an unbiased opinion on the case. 16. In the case of new issues in respect of previously investigated objects are assigned an additional examination.

17. in case of justified dissent pursuance of body examination, expert opinion, contradicted the conclusions of the expert the case materials, establishing new data that may affect the conclusions of the expert, significant violations of procedural law at the time of appointment and production expertise appointed re-reviewing.

18. When failure to comply with the requirements of procedural legislation or rules of prepare of materials and products transferred to the study and examination, examination is not possible, an expert in writing inform the appointing authority. If the authority does not take the necessary measures to eliminate the existing shortcomings, on the expiry of 10 working days he returned materials without execution.

19. Materials and products presented on the research and expertise, can be returned to the authority, instituted the examination without execution in the event of termination of the examination necessary for various reasons. In this case, the refund is based on the written request of the authority that appointed examination.

20. In the case where an appointed examiner is not within the competence of Kyrgyzpatent and if he does not have the relevant expertise or equipment, body, General examination, immediately notified with reasons and return without execution.

21. Return of materials, presented at the study and examination, without carrying out a study on grounds not covered by the present instruction shall not be permitted.

22. The term of carrying out research and expertise is calculated from the day following the day of receipt of materials at Kyrgyzpatent and shall expire on the date of deposit of its results in the service record keeping Kyrgyzpatent.

V. Registration materials sent for study and examination, Kyrgyzpatent

24. Study and examination conducted to provide materials, designed in accordance with the applicable law and these regulations.

25. The study and examination shall be submitted:-decision or determination, cover letter of appointment; -materials that are objects of expert studies. 26. in accordance with the requirements of legislation, regulation or definition, an accompanying letter of appointment of the examination with the following information:

1) date and place of the decision or determination, a cover letter on the appointment of the examination, the name of the body, title, and name of the person appointed body examination;

2) the basis for the appointment of research and examination (a summary of the case and a description of the problem, the solution of which is assumed to be achieved on the basis of special knowledge);

3) name of institution where examination should be made;

4) questions posed to the expert;

5) Signature .

27. Materials submitted to the expert: expert study-objects (objects, documents);

samples for comparative studies and documents containing information related to the subject-matter expertise

-other materials relevant to the production of research and expertise.

                                               Vi. Rights and responsibilities of the expert

28. the procedural rights, duties and responsibilities of the expert study and examination, as well as the order of clarification of the rights and responsibilities and warning them about criminal liability for refusing to present a finding or obviously falsified findings are determined by the code of criminal procedure (CCP) and the civil procedure legislation of the Kyrgyz Republic. In addition to established in articles 63, 65 of the CRIMINAL PROCEEDING CODE, 576, 577 of the code of administrative responsibility of the CD obligations, rights and responsibilities of experts examining, Kyrgyzpatent shall be governed by the job and the present instructions.

29. the expert shall:-declare his rejection on the grounds mentioned in art. 78, 79 of the CCP of the Kyrgyz Republic. However, to abandon the study and examination, he may only in case the rejection has been satisfied;

-take to conduct assigned in accordance with the procedure established by the present instruction order research and expertise to conduct a thorough, complete investigation and give the right conclusion or message that it is impossible to give an opinion on matters falling within its competence;

-to inform the leadership of Kyrgyzpatent (control) detected significant weaknesses expert rules of prepare of materials provided by the study and examination of influencing research;

-inform the leadership of Kyrgyzpatent (control) of all set forth facts evidencing the need for increased research, including new experts by organizing other studies and examinations.

30. the expert has the right to:-further familiarize themselves with the case materials submitted not related to the subject of study and examination; -change the wording of the question set out in Regulation (definition) concerning the appointment of the examination, because this question refers to them in accordance with its competence and expertise; -make petitions, requests for additional materials required to give opinions; -with the permission of the investigator be present during interrogations and other investigative activities and ask the interrogator questions related to subject matter expertise; -give an opinion and answers during questioning in their mother tongue, if he does not speak the language in which the proceedings are being conducted, and an interpreter; -get acquainted with the Protocol of his interrogation and make observations to be made in the Protocol; -indicate, including additional questions on its own initiative, in its opinion on the production.

31. the expert shall not have the right to:-to take over research and examination materials without written instruction manuals of Kyrgyzpatent. -implement the study and examination of materials not specified in Regulation (definition) cover letter on the appointment of the examination; -independently collect and confiscate materials pertaining to the case, but not granted to him in the manner prescribed by law; -store the materials of the case under investigation and examination, outside the Office; -independently to involve staff from other agencies to undertake its mandated examination; -to enter without the consent of the examination, in pursuance of any contacts with the accused (suspect), defendant, victim, witness, counsel, civil plaintiff or defendant (or their representatives) and translator; -give opinions, explanations, suggestions for issues whose resolution goes beyond its competence.

32. the expert is independent in the conduct of research material before it, spending it in strict accordance with the requirements of the law. Body, the author of the examination, may not indicate which methods and expert techniques to use during the examination. 33. the expert shall determine on its own behalf on the basis of the evaluation of the results of studies conducted in accordance with its expertise and carries the personal responsibility for it. For evasion on call in court without good reason, the expert shall bear responsibility in the manner prescribed by art. 63, 65 of the CCP of the Kyrgyz Republic. For violation of the order, terms of production research and expertise, and careless attitude to duties not involving criminal liability, an expert of Kyrgyzpatent may be liable to disciplinary action in accordance with the labour legislation of the Kyrgyz Republic.

VII. Arrangements for study and examination, and registration of results

34. the expert is launching study and examination upon receipt of a written order from rukovodstvaKyrgyzpatenta, together with the regulation or definition, a covering letter on the appointment of the examination and all reports on examination of materials. If it encounters significant disruption clearance of materials for research and expertise, expert operates according to the requirements of this instruction. The expert entrusted with the task of conducting a study and examination, review the material before it. If you are installing the absence of necessary for the production of examination data, it sends a request. The petition shall be drawn up in two copies. The first copy shall be sent to the appointing authority. The second is stored in the Supervisory proceedings. In urgent cases the content of the motion can be passed to the appointing authority, expertise, by fax or by phone, but with mandatory registration in the relevant register.

35. The opinion of the expert is given in writing, set forth a clear and concise language, not allowing different interpretations, and consists of three parts: introduction, research and conclusions. In some cases, to the conclusion of the attached photographs, illustrations, diagrams, drawings, design, etc., clarify and supplement the description of the research part of the conclusion. Each page of the conclusion and the application shall be signed by the expert (s), the signature of the expert (s) following the conclusions shall be certified by the seal of office printing of Kyrgyzpatent. Examination of objects having signs of kontrafaktnosti, there are stamp «has signs kontrafaktnosti “, printed lining and on the face of the disc (in the case of audiovisual products). Investigated materials before returning packaged, sealed and stamped the relevant stamps.

36. In the introductory part of opinion shall indicate:-the name of the examiner, its number, the date of composition; -Foundation for research and examination (judgment or determination of a cover letter on the appointment of the examination, on the letterhead of the Organization nominating expertise); -name received by research and examination materials, type of packaging and details of investigated objects; -information about the EA (expert advisor), full name, education, specialty, academic degree, position and work experience;

-the facts and matters essential to give opinions and adopted by the expert as the source data; -information about the persons present during the examination (surname, initials, procedural regulation) and the reasons for their presence. The question raised on the initiative of the expert, described also in the chapeau, but after the issues identified in the decreeing (definition) on the appointment of the examination. In the introductory part of opinion re examination notes that research and assessment is repeated, sets out information about primary expertise and motivation destination re-examination. In the case of complex or any examination in the water part of the indicated Name and venue experts, causes the integrated and Commission examination. 37. In the research section describes the research process and examination results, explain established facts. In the research section identifies background references:

-the name and content of the examination object, quantity; -signs pointing to the counterfeit nature of the products or goods; -in the study and examination of audiovisual products, use indexes kontrafaktnosti (annex 1); -description of investigative actions (interrogations, examinations, experiments, etc.) if they have the value of the original data to support conclusions. If some of the questions could not be answered in research section identifies the reasons for this. 38. the research part of the conclusion of re-examination, the expert points out the reasons for the discrepancy with the findings of primary examination, if any. 39. the Commission of experts with due diligence possible simultaneously acquainted with materials expertise, produces a examining objects and specimens. Each of the experts conducting the necessary research (through its expert specialtyall submitted materials in full, after which the experts deliberated among themselves and formulate general conclusion. The experts, who disagree with the views of other experts, or give opinions separately or make out its part of the overall conclusion, indicating the motives of differences of opinion. 40. the findings of the study and examination are set out in the same sequence in accordance with the matters before an expert, or by reference to its inability to resolve the reasons. The sequence must match the order of the findings of the study and examination. In cases where the conclusion formulated without a detailed description of the results of the study, described in the research section, you can include references to the research part of the conclusion. 41. If none of the specified in the judgment or determination, an accompanying letter of appointment of the examination questions, the expert was unable to give an answer on the merits (at least partiallya message about the impossibility of giving of conclusion, which consists of three parts: introduction, reasoning and conclusions. In the introductory part sets out the information listed in paragraph 36 of the present instruction. In its statement of reasons set out in detail the reasons for the impossibility of giving of conclusion. In the operative part indicates that it could not give an answer for each delivered before an expert issue. 42. the appointing authority informs the expert examination, the impossibility of giving of an opinion on the matter in question: 1) if the evidence is insufficient to give opinions and eliminating this obstacle it was impossible; 2) if the question is beyond the expertise of the expert; 3) modern level of investigation techniques not uniquely address the question posed; 4) no handle of the question posed; 5) collectively identified signs of contradictory and insufficient to deal with the issue on the merits.43. Если по одним вопросам, указанным в постановлении или определении, сопроводительном письмео назначении экспертизы, эксперт дает заключение, а по другим имеется основание для сообщения о невозможности дачи заключения, составляется единый документ – заключение эксперта.

                                   

 

 
 

Order accounting of fees and charges in the State Service of intellectual property and innovation under the Government of The Kyrgyz Republic - Approved by order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic dated July 11, 2013, N. 119

Approved by

Scientific and Technical Council of the State Service of  Intellectual Property s and Innovation under the Government of the KR dated June 27, 2013  N. 4

 

Approved by

order of the State Service of Intellectual Property and Innovation under the Government of the Kyrgyz Republic dated July 11, 2013, N. 119

Order

accounting of fees and charges in the State Service of

intellectual property and innovation under the Government

of The Kyrgyz Republic

Duties and taxes accounting regulates the activity of structural subdivisions of the State service of  intellectual property and innovation under the Government of the Kyrgyz Republic on accounting duties in the process of reviewing applications, issuance and maintenance of protective documents on intellectual property objects and their publication (hereinafter referred to as the order).

1. I. General provisions

1. 1. List of abbreviations:

Kyrgyzpatent-State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

IB of WIPO, the International Bureau of the World intellectual property organization;

EAPO Eurasian Patent Office;

PCT-Patent Cooperation Treaty;

FIPS-Federal Institute of industrial property of the Federal service for intellectual property, patents and trademarks;

DB-database of accounting duties for all applications and owners of titles.

II. Document on payment of duties and taxes

1. Document confirming the payment of duties and taxes is the payment order or bank receipt that has the stamp of the Bank for payment or statement about admission fees at the expense of Kyrgyzpatent.

2. documents confirming the payment of duties and taxes, are stored in the financial sector.

III. functions of the structural units of Kyrgyzpatent on account fees and charges

3. In accordance with this order of the subdivisions of Kyrgyzpatent shall carry out the following functions for accounting for duties and taxes.

Division of personnel and administration of Kyrgyzpatent:

-receives and registers in a separate, furnished in the prescribed manner the journal of incoming documents for payment of duties and taxes for legally significant acts, perpetrated by Kyrgyzpatent “;

-transmits the received documents for payment of duties and taxes in the finance-economic sector.

4. Financial and economic sector of Kyrgyzpatent:

-takes from HR and administration of Kyrgyzpatent received documents for payment of duties and taxes;

-carries out the centralized registration of payment of duties and taxes and of instruments for their payment;

-generates database on account of duties and taxes;

-jointly with accountancy Kyrgyzpatent carries out monthly checks received by Kyrgyzpatent account money paid in the form of duties and taxes;

-transfers in subdivisions of Kyrgyzpatent documents for payment of duties and taxes after establishing de facto income on account of Kyrgyzpatent funds;

-negotiates with structural divisions of Kyrgyzpatent questions payment of duties and taxes, as well as issues on the possibility and necessity of return and/or perezačëta paid as fees and charges;

-at the request of the applicant, the intellectual property right holder or their representative is preparing a presentation about the possibility of refund of overpaid amounts of duties and taxes, as well as duties and taxes when the action for which they were paid to do not occur and directs the leadership of Kyrgyzpatent;

-monthly on the basis of legally significant actions carried out structural subdivisions of Kyrgyzpatent is Act for relief of duties and taxes and transfers in accounting (annex 1).

5. Accounting of Kyrgyzpatent:

-on the instructions of Kyrgyzpatent on the basis of the applicant’s motion, objects of intellectual property right owner or their representative carries out return of overpaid amounts of duties and taxes, when the action for which they were not paid.

-on presentation of financial and economic sector, approved by head of Kyrgyzpatent report done legally significant acts carries out the write-off of advance payments (annex 2).

6. Structural subdivisions of Kyrgyzpatent:

-receive from financial and economic sector of Kyrgyzpatent payment documents confirming settlement of customs duties and taxes;

-receive from financial and economic sector of Kyrgyzpatent copies of registers of patents, EAPO, on request of the Madrid Protocol and the Hague Agreement confirming actually paid fees for applications operating on the territory of the Kyrgyz Republic;

-check on a number of patents, EAPO registers existing in the territory of the Kyrgyz Republic and the correctness of the payment of fees for maintaining patent action and pass to the financial and economic sector of Kyrgyzpatent;

-check on applications of the Madrid Protocol and the Hague Agreement existing on the territory of the Kyrgyz Republic receipt of bids and the correctness of the payment of the charges against classes and pass to the financial and economic sector of Kyrgyzpatent;

-carry out validation of the payment of fees for filing, examination, any legally significant acts on stage, including postage:

a Eurasian application at EAPO);

b) international application PCT Treaty the IB of WIPO;

in) application materials for international registration of a trademark in the IB of WIPO;

g) of EAPO;

d) application materials in FIPS as the International Searching Authority;

-conduct correspondence with applicants, holders of intellectual property rights or their representatives on issues of payment of fees;

-receive from financial and economic sector of Kyrgyzpatent information about detected cases of non-payment of duties and taxes at the expense of Kyrgyzpatent or receipts in sizes smaller than assigned their values specified in payment documents;

-negotiate with financial and economic sector of Kyrgyzpatent, optionally with other structural subdivisions of Kyrgyzpatent, transfer issues and/or refund of overpaid amounts of duties and taxes, as well as duties, tolls, where the actions for which they have been paid had not been committed;

-complete application documents certifying payment of fees;

-direct to the Accounting Department of Kyrgyzpatent submission on the need for translation in FIPS international search fee for international applications filed with Kyrgyzpatent, as receiving Office under the PCT;

-direct to the Accounting Department of Kyrgyzpatent submission on the need of transfer fees for examination for distinctness, uniformity and stability of selection achievements, filed with Kyrgyzpatent, both the receiving entity, in accordance with the contract between the State Commission for the testing of crops under the Ministry of agriculture and land reclamation and the Kyrgyz intellectual property Office;

-downloads make up inquiry about done legally significant actions and provide the financial and economic sector (annex 3).

-Heads of departments are responsible for compliance with the provisions laid down in this order.

 
 

ORDER reference to the processing of the application issuance of patent for invention - Approved by order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic dated July 11, 2013, N. 119

Approved by

Scientific and Technical Council of the State  service  of intellectual property and innovation under the Government of the KR dated June 27, 2013 N. 4

 

Approved by

order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic dated July 11, 2013, N. 119

ORDER

reference to the processing of the application

issuance of patent for invention

This Order regulates the case management process for drafting, submitting and sending to the Eurasian Patent Office of the Eurasian application filed in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic and sets requirements for its structural units for optimum organization of their interaction (hereinafter referred to as the order).

1. General provisions

1. List of abbreviations:

Kyrgyzpatent-State service of  intellectual property and innovation under the Government of the Kyrgyz Republic;

EAPO Eurasian Patent Office;

Convention-Eurasian Patent Convention;

Instruction-patent regulations under the Eurasian Patent Convention;

The Statute of fees-the Statute of fees for patenting of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, granting the right to use appellations of origin of goods, approved by Kyrgyz Republic Government resolution dated June 12, 1998, no. 346;

The Eurasian application-an application for the grant of a Eurasian patent for the invention;

Expert’s Department-Department of examination of inventions, utility models and industrial designs.

1. Receipt of the application by Kyrgyzpatent in

2. Documents of the Eurasian application served in the Division of personnel and administration of Kyrgyzpatent by the applicant directly, its agent or patent attorney or sent by mail or by fax (with the subsequent submission of her original), electronically on computer-readable media (with simultaneous submission on paper), or by other means of transmission.

When documents of the Eurasian application HR and administration is carried out:

-verification of conformity of the documents submitted their list in the application form;

-checking the document for payment of duty;

-insertion of data in the “register of Eurasian applications”;

– input of incoming number and date of the Eurasian application in Kyrgyzpatent on the application form for the grant of a Eurasian patent for the invention of the stamp of the personnel department and administration;

-issue the applicant a receipt of acceptance of the documents of the Eurasian application showing the title of the invention, the number of sheets of the adopted documents, incoming number and date of receipt of application (annex 1);

-transfer document about payment of fees in finance and Economics Branch (subject to availability).

3. Check the availability of the application of information constituting a State secret with issuing opinions on the results of the checks carried out by the Division of personnel and administration within three working days from the date of receipt of the Eurasian application in Kyrgyzpatent.

In the absence of a Eurasian application of information constituting a State secret, documents of the Eurasian application with imprisonment passed in the expert Division.

In the presence of Eurasian application of information constituting a State secret, consideration of the Eurasian application shall be carried out according to the rules for filing, examination and classification of the application for the grant of a patent for a secret invention of the Kyrgyz Republic “, approved by Kyrgyz Republic Government resolution of January 5, 2011 year, no. 8.

4. When documents of the Eurasian application expert Division by:

-verification of compliance of transmitted documents their list;

-registration of the documents of the Eurasian application in HR Magazine and paperwork to register of Eurasian applications;

-insertion of data in the “register of Eurasian applications» the expert’s Department;

– filling the graph: “country code”, “incoming number national offices”, and “date of the Eurasian application in national Office, to the request form (annex 2).

-assignment of registration number of the Eurasian application.

The registration number shall be placed in the “registration number of the Eurasian application in national Office» application form and includes:

-designation-EAPO/KG;

devâtiznačnoe-digital signage-OOOOOOOOO, where the first four characters means the year of filing of the Eurasian application, the following five digits-serial number of the Eurasian application in a year.

For example:

When writing dates, use the following order of presentation: YYYY/MM/DD, where the first group of characters from four digits represents the year, month, and the second group third-day of the month (for example, March 5, 2010 with reduced writing has a kind-2010.03.05).

5. In accordance with paragraph 4, rules 21 Instructions the Eurasian application shall contain:

-statement;

-a description of the invention;

-claims;

-drawings and other materials, if they are necessary for the understanding of the invention;

-Summary;

-documents for payment of the filing fee and checking for compliance with the requirements of the examination on formal grounds for Eurasian application at EAPO.

-other materials.

Expert’s Department notifies the EAPO Eurasian application on receipt, indicating the date of its filing and registration numbers in Kyrgyzpatent, title of the invention and all information concerning the applicant and his representative (form EPHA-1).

6. checking of the actual receipt of funds on the account of Kyrgyzpatent, paid as fees to the Eurasian application is made financial and economic sector.

When testing is carried out:

-Insert signature on the admission document on payment of duty in “the duties of the Division of personnel and administration;

-insertion of data in the “register of duties» financial and economic sector;

-When testing is carried out by fixing the actual receipt of funds on the account of Kyrgyzpatent, paid as fees, stamp;

-transfer document about payment of fees to the expert’s Department with putting in “dues” log signature accepting the date of admission;

7. Verification of compliance of the amount of duty paid to the size set by the regulation on the fees, will be exercised by an expert team.

When this is checked:

-conformity amounts paid the fee established by the size of section II (2) of the fees for filing, checking for compliance with the requirements of the examination on formal grounds;

-conformity amounts paid fees to the size determined by section IV (2) the provisions on fees for forwarding the Eurasian application at EAPO;

When there is a mismatch between the amount of fixed size, the expert’s Department notifies the claimant that the amount paid does not match the installed size of the fee.

8. verification of the Eurasian application for compliance with the requirements of the examination on formal grounds produced the expert Division.

Expert’s Department for examination of the Eurasian application on formal grounds, in accordance with article 15 (1) (ii) of the Convention, the checks and the accuracy of the documents and information necessary for establishing the filing date of the Eurasian application under rule 33 Instructions, as well as the documents for payment of the filing fee, checks for compliance with the requirements of the examination on formal grounds and for forwarding materials of the Eurasian application at EAPO.

Optionally checks for:

-a copy of the priority application;

-document about payment of fees for the preparation and issuance of a priority document in Which the previously filed application;

-the document confirming the right to payment of the relevant fee at a reduced rate;

-power of Attorney, where the Eurasian application is filed by the representative of the applicant;

-the copy of the earlier application, if the request concerns a Convention priority.

9. the establishment of a date of filing will be exercised by an expert Department in accordance with the rules of rule 33 Instructions.

1) as the filing date of the Eurasian application the date on which the Kyrgyzpatent if it is established that the Eurasian application contains at least:

a) mentioning that on request of the extradition of a Eurasian patent;

b) details of the applicant or to contact him;

in) a part which on the face of it appears to be a description of the invention.

If the application does not meet these requirements, the expert’s Department shall promptly notify the applicant accordingly, inviting them to submit missing documents (information) within four months from the date of such request (form EPHA-2).

When applicant requested documents (information) within the prescribed time limit, the Eurasian application shall be considered not to have been filed as the claimant is sent a notification (form EPHA-3).

2) if the documents are not presented at the same time, the filing date of the Eurasian application shall be established by the date of receipt in Kyrgyzpatent document presented last.

3) instead referred to in paragraph 1) (c) this order is part of the Eurasian application, which appears to be a description of the invention, the applicant may be represented by an application for a certified copy of the original or of an earlier application for the purposes of the filing date. If the initial or the earlier application was filed by another person, the statement shall be accompanied by proof of the succession of the applicant.

4) if the filing date Kyrgyzpatent considers that part of the description submitted in accordance with paragraph 1) (b) of this order, or a drawing, which in the Eurasian application, there is a link, supposedly were not available, the expert’s Department immediately sends a request to the applicant to submit the corrected or missing materials within four months from the date of the request (form EPHA-2).

When submitting the applicant specified in the request for materials during the period, they shall be included in the Eurasian application. While the date of the description or drawing shall be considered the date of receipt of these materials, first obtained by Kyrgyzpatent.

5) If for the Eurasian application on which priority is claimed pursuant to rule 36 (1) of the regulations, as set forth in the request for materials presented during the four-month period, at the request of the applicant, the date of receipt of the description or drawing shall be considered the date of receipt of these materials, the Eurasian application, first obtained by Kyrgyzpatent. Filing date of the Eurasian application is installed as indicated, if:

submitted by the applicant-the missing part of the description or drawing be completely contained in the earlier application;

-motion was filed by the applicant either when filing a Eurasian application materials in Kyrgyzpatent, or within two months from the date of the request, the first subparagraph of this paragraph.

When the applicant response to ukazannyjv first subparagraph of paragraph 4) or query specified in the query materials within four months the date on which the description of the invention is considered to be the date of receipt of the part of the Eurasian application, which looks like a description of the invention, under paragraph 1 (c)) order, first obtained by Kyrgyzpatent.

10. The claim of priority shall be carried out in accordance with the provisions of rule 36 Instructions.

An applicant who wishes to exercise the right of priority, the Convention provided for in rule 6 (1) of the directive, must indicate this when filing a Eurasian application or within three months from the date of receipt of the Eurasian application in Kyrgyzpatent and attach the necessary documents confirming the validity of this claim.

Such documents include a copy of the earlier application, certified by Kyrgyzpatent and the document confirming the right of the applicant to claim priority of an earlier application where the applicant was a person. If the name of the applicant (name, if the application is filed by a legal entity or similar to it) was changed after the date of filing of the earlier application, when filing a Eurasian application appears to be a document confirming this change.

Where priority is claimed on the Eurasian application filed on the expiry of twelve months from the date of filing of the earlier application, but not later than two months after the expiry of the time limit to the Eurasian application shall be accompanied by proof of the existence of the applicant do not depend on circumstances which filing a Eurasian application within the specified 12-month term.

If this is paid an additional fee established by section II (5) the provisions on fees.

If the specified document is not submitted together with the Declaration of priority, the right of priority of the Eurasian application is considered to be lost.

Where priority is claimed in the relevant boxes on the application form must specify:

-the date of filing of the earlier application or the original and its number;

-the name of the State (or Office), which was submitted for a previous or initial application.

When filing a Eurasian application with priority Convention claiming priority could not set on an earlier application filed in the Kyrgyz Republic, the expert’s Department, EAPO directs the copy of the previously filed application, with accompanying reference (annex 6, EPHA Form-4). Inserts help tape and seal of Kyrgyzpatent in the Division registers.

For the preparation and issuance of a copy of the previous application (priority document) will be charged duty established by title IV (3) of the fees.

11. A statement is filled in on the official letterhead of the EAPO approved (annex 2).

When completing the application form, the applicant must print the application form each page on a separate worksheet, as stipulated in paragraph two rule 29 (2) of the regulations.

Graph 1 statement is filled in cases where application and supporting documents were sent to him originally by facsimile in accordance with rule 38 (6) of the regulations. In this case, the specified date of documents by facsimile and the two-letter code of the Kyrgyz Republic on WIPO Standard St. 3-KG.

Graph 2 statements designed to fill by Kyrgyzpatent. This field is not populated by the applicant.

Boxing-“filing date of the Eurasian application is populated by Kyrgyz intellectual property office in accordance with rule 33 of the statement.

Graph 3 statements is populated when the Eurasian application filed as a divisional application in accordance with rule 49 (6) of the regulations, or in the case where the Eurasian application filed in accordance with rule 7 (1) of the regulations which came into effect on the basis of a decision of a court or other competent authority of the Kyrgyz Republic. In graph 3 indicate the filing date of the initial or the first Eurasian application and their registration number.

In box 4 of the statement contains a petition for the grant of a Eurasian patent. The title of the invention shall be indicated in accordance with the requirements of rule 23 (2) of the regulations.

In column 5 of the statement indicated the case number assigned to the applicant or his representative, if this number has been assigned, and information only about the first applicant. Information about the applicant indicated surname, name and patronymic (if any) for the individual. Surname of the natural person indicated before the name and preferably uppercase. For a legal entity or organization indicated it equated to the official name of the legal person (in accordance with the constituent instrument). Foreign names and the names of individuals, as well as the names of legal entities shall be indicated by letters, transliteration of the Russian language. Transliteration requirements are established by the Eurasian Office.

In the “address” to specify details about the place of residence for individuals, or information about the location (legal address) for legal persons.

Apart from specified addresses country code residences or places of business to WIPO Standard St. 3, and in the appropriate boxes your phone number and fax number of the applicant (with country and city code). Boxes “phone number” and “fax number” are mandatory, if the applicant is a common representative pursuant to rule 30 (5) of the regulations and where item 8 statement accordingly marked box “common representative”.

In order to avoid cases of registration of the same applicant under different names, e.g., due to different spellings of the name in transliteration or misspelling, it is recommended that you specify the number of the registration of the applicant by the Eurasian Office, which is given to an applicant when filing the first Eurasian application and communicated in the notification of the Eurasian Office about getting materials of the Eurasian application.

Such an indication is made by the applicant in box-“registration number of the applicant in EAPO, if this number is known to the applicant. Subsequently, when submitting other applications the applicant is recommended to refer to this number. If the application is filed on behalf of several applicants, in the graph 6 statements are specified and others.

If, in box no. 6 not enough places for all applicants, the applicants have not

specified on the first worksheet statement must be indicated on an additional sheet.

In this case, is marked in the appropriate box next to the name of the graphs.

Additional sheet statements relating to information about applicants, is contained in annex 3 to the rules of drawing up, filing and processing of Eurasian applications in the Eurasian Patent Office. Order of filling is the same as the order of completing Graf 5 and 6 of the statement. Additional sheet of the statement must be signed by all applicants.

Graph 7 statements concerning the filing of applicant or applicants petitions for substantive examination in accordance with article 15 (5) of the Convention and the request for early publication of the Eurasian application in accordance with article 15 (4) of the Convention. In the specified column made the mark only if a petition is served.

If the petition is served on an earlier publication of the Eurasian application, this box indicates the number of months that isprašivaetsâsokraŝenie deadline for publication of the Eurasian application article 15 (4) of the Convention. Speeding up publication of the Eurasian application shall be carried out subject to the payment of a tariff established in accordance with the list of paid services, provided to EAPO.

Graph 8 statement is populated if the Eurasian application is filed through a representative of the applicant designated in accordance with rule 30 Instructions. In this box can be specified several representatives of the applicant.

Is marked as appropriate, whether the claimant’s representative, the common representative or the Eurasian patent attorneys. If the applicant is a patent attorney, in the batter’s box “registration number of a patent attorney in EAPO” must be indicated in the registration number of a patent attorney under which patent attorney registered in the register of the EAPO patent attorneys. If several patent attorneys, in this box shall indicate the registration numbers of each. If the applicant is not a patent attorney, nor a common representative, the above boxes are not.

In box 8 shall be indicated surname, name and patronymic (if any) a representative of the applicant, his full postal address to which should correspond, and also (if available) telephone and fax numbers (with country and city code).

In box 9 statements indicate full postal address for correspondence of the Eurasian application. If the address matches the address of the applicant’s representative, this box can be left blank and only tick the appropriate box on the request correspond to the address of the applicant’s representative.

Graph 10 statements filled when for the purposes of the filing date of the Eurasian application in accordance with rule 33 (3) of the regulations is replaced by the description of the invention reference to previously filed by the same claimant were submitted to an initial inspection or the earlier application.

This field contains the corresponding statement, and it must be specified:

initial or number of the earlier application, the filing date of that application, and the country code of the Office or organization at which the initial application was filed or the earlier application.

Graph 11 statements used in cases where the Eurasian application priority is claimed pursuant to rules 6 and 36 Instructions.

In the case of requesting priority in accordance with rule 6 (1) Instruction in boxing, relating to the filing of the earlier application in a State party to the Paris Convention for the protection of industrial property or the World Trade Organization (WTO) is marked and shall indicate: the number of the earlier application, the date of priority claimed and two-letter code of the country in which the earlier application was filed.

If the applicant claims priority in accordance with rule 6 (3) of the directive by the date of filing of the Eurasian Office or national office prior to a Eurasian application or priority in accordance with rule 6 (2) of the directive by the date of receipt of additional materials, it is marked in the relevant boxes the boxes on the 11. You specify the date of filing of the earlier application or the date of receipt of additional materials, together with an indication, in both cases, the numbers of the Eurasian application.

If the Eurasian application priority in accordance with rule 6 (5) instructions for open date display object containing the invention at an official or officially recognized international exhibition, there is a corresponding boxing this graph and specify the start date of the display object in the exhibition.

In box 12 of the statement provides information about the inventor or inventors, if there are several of them. In respect of each inventor is indicated: name, surname, patronymic (if used), the name of the country (two-letter country code according to WIPO Standard St. 3) and residential address. Last name inventor is indicated before the name and preferably uppercase.

If, in box no. 12 did not have enough space to indicate all inventors, inventors, not listed on this sheet, statements should be indicated on an additional sheet. In this case, is marked in the appropriate box next to the name of the graphs. Additional sheet statements relating to information about inventors, is given in annex 4 to the rules of drawing up, filing and processing of Eurasian applications in the Eurasian Patent Office. Order of filling is the same as the order of filling in box 12 of the statement. This sheet must be signed by all applicants.

In the same box, in accordance with rule 8 of the instructions by the inventor or inventors can be done by a disclaimer mentioning it or them as such (any) in the Eurasian application. In this case, is marked in the box of this statement and indicate the surname and the initials of the inventor. Mentioned inventors must sign in this box.

In box 13 of the statement indicated the list of documents annexed to the statement in its filing.

Opposite the name of each document indicates the number of sheets in one copy of the document and the number of copies. If the Eurasian application shall be attached a copy or copies of earlier applications, the number of copies only in column “number of copies”.

In line drawings and other material, you must specify the figure of the drawings which the applicant should be published together with the abstract.

14 graph is populated if the statement when filing a Eurasian application thereto attached a machine-readable carrier, e.g., a CD containing the application documents (description, formula, abstract, list of nucleotide and/or amino acid sequences, etc.) in English. In this case, the claimant asserts that a copy of the application documents in English on computer-readable media is an exact copy of the text submitted in printed form, it is marked in this box.

The statement is signed in box 15. The signature is decrypted surname and initials of the signer.

Graph 16 statement serves only for use of EAPO. EAPO stamp it upon receipt of the documents evrazijskojzaâvki.

12. When a Eurasian application requirements established by rule 33 instructions and subject to the payment of the prescribed fee for verifying application of formal grounds and in EAPO expert’s Department, through the Division of personnel and administration sends three copies of the Eurasian application Rule 29 Instructions with a covering letter of Kyrgyzpatent (annex 3) in EAPO within four months and, in the case of claiming Convention priority within one month from the date of its receipt in Kyrgyzpatent (p. 3 Rule 34 instructions). The fact of sending fixed in relevant journals Division and expert training and record keeping.

Expert’s Department shall send to the applicant a notice of forwarding its Eurasian application at EAPO and of the need to pay to EAPO the unitary procedural fee in accordance with article 15 (3) of the Convention (form EPHA-5).

13. Materials of the Eurasian application within three months from the filing date of the Eurasian application at EAPO forwarding, are transferred to the archive. Archiving is carried out according to the order of processing of the documentation archiving of Kyrgyzpatent.

 
 

Order on record keeping of the international application for invention - Approved by Order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic from February 19, 2014 no. 25

Approved by

Scientific and Technical Council of the State  service of intellectual property  and innovation under the Government of the KR dated January 31, 2014 no. 7

  Approved by

Order of the State service of intellectual property and innovation under the Government of the Kyrgyz Republic from February 19, 2014  no. 25

Order

on record keeping of the international application for invention

This procedure governs process paperwork for submitting, reviewing the international application in the State service of intellectual property and innovation under the Government of the Kyrgyz Republic and sets requirements for its structural units for optimum organization of their interaction (hereinafter referred to as the order).

I. General provisions

1. List of abbreviations:

Kyrgyzpatent-State service of intellectual property and innovation under the Government of the Kyrgyz Republic;

Law-the law of the Kyrgyz Republic “Patent law”;

The International Bureau the International Bureau of the World Intellectual Property Organization (WIPO);

PCT-Patent Cooperation Treaty;

Regulations under the PCT-Regulations under the Patent Cooperation Treaty;

The Statute of fees-the Statute of fees for patenting of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, granting the right to use appellations of origin of goods, approved by Kyrgyz Republic Government resolution dated June 12, 1998, no. 346;

Provision of secret inventions, LP and provisions for secret inventions, utility models and industrial designs of the Kyrgyz Republic, approved by Kyrgyz Republic Government resolution from April 27, 2000 No. 242;

Accounting duties and taxes-modalities for the accounting of fees and charges in the public service of intellectual property and innovation under the Government of the Kyrgyz Republic, approved by the order of the Chairman of Kyrgyzpatent from July 11, 2013 year no. 119;

IPC international patent classification;

International application-application for an invention, which is submitted in accordance with the Patent Cooperation Treaty;

National application-an application for patent for invention in the Kyrgyz Republic;

Expert’s Department-Department of examination of inventions, utility models, industrial designs.

II. Admission applications in Kyrgyzpatent

2. Documents of the international applications are filed in the Division of personnel and administration of Kyrgyzpatent, acting as receiving Office in the Kyrgyz Republic.

Upon receipt of the international application documents in the personnel department and Office work is carried out:

-verification of conformity of the documents submitted their list in a statement the PCT;

-checking the document for payment of duty;

-the entry in the register of international applications» HR and administration;

-filled boxes “date of receipt” and “incoming number.

The applicant is issued a receipt of acceptance of the documents of the international application indicating the title of the invention, the number of sheets of the adopted documents, incoming number and date of receipt of the international application.

Registers a document about payment of filing fee and checking for compliance with the requirements of the examination on formal grounds and for forwarding in the journal registration fees “and passed to the financial and economic sector.

3. checking the documents of the international application on secrecy is implemented by the Division of personnel and administration, which shall verify compliance with the following conditions.

In accordance with paragraph 1 of article 38 of the Act, an international application for an invention created in the Kyrgyz Republic, may be filed within three months after the filing of the application by Kyrgyzpatent for a patent of the Kyrgyz Republic to the invention or utility model.

If the international application is filed within three months after the filing of a national application, Kyrgyzpatent, the Division of personnel and administration sends the expert’s Department for further consideration without checking for the application of information constituting a State secret.

If the international application is filed before the expiration of three months from the date of filing of a national application, the Division of personnel and administration, it checks for the application of information constituting a State secret in accordance with the requirements of the provision on secret inventions, pm and on.

In the absence of an international application of information constituting a State secret, documents of the international application is transmitted to the expert’s Department for further consideration.

If the international application of information constituting a State secret, the application is not treated as an international application under rule 22.1 (a) of the regulations under the PCT and the further processing of the patenting of inventions abroad.

4. Upon receipt of the international application documents in the expert’s Department:

-verification of conformity document number, recorded in “international applications log» HR and administration;

-put down the date and signature in the journal;

-you make the data in the journal international applications “the expert’s Department;

-the international application number is assigned to.

5. the date of actual receipt of the international application shall be placed in the last page of the statement in paragraph 1 “PCT date of actual receipt of the international application” field available to fill the receiving Office.

When writing dates, use the following order of presentation: xx. Xx. Xxxx, where the first group of characters from the two-digit number indicates the day of the month, the second group-the month and the third group signs four-digit-year (for example, May 2, 2012 year with reduced writing has the form-02.05.2012). Also instead of dots used slash or a dash (for example, 5/2/2012 or 5/2/2012).

6. the international application number assignment is carried out by stamping on the front page of PCT in the box reserved for filling the corresponding receiving Office rooms, which includes:

-letter designation PCT/XX, where XX is the two-letter code identifying the receiving Office;

-digital signage-2012/000001. where the first four digits indicate the year of filing of the international application, the following six digits of the serial number of the application in the year of its submission.

For example:

International application number PCT/KG2012/000001

7. in the case of an international application filed with Kyrgyzpatent in accordance with rule 92.4 PCT Regulations by any other means, for example, by fax, the date of submission of these documents will be deemed to be the date of their transmission by facsimile to Kyrgyzpatent, provided only that the claimant without reminders within fourteen days from the date of transfer must submit in Kyrgyzpatent original and two copies of these documents , along with a letter identifying the earlier transmission.

If the applicant does not submit within the prescribed period of the original document, the application shall be considered withdrawn (PCT-Form 6) and further processing of such application shall be carried out in accordance with paragraph 18 of the present procedure.

8. In accordance with rule 20.3 of the regulations under the PCT where the applicant, after the filing of the international application will submit materials (pages or drawings), within two months from the date of actual receipt of the expert’s Department, shall affix the date of receipt of these materials in the last page of the statement in paragraph 3 of the PCT “Corrected date of actual receipt at a later, but timely receipt of pages or drawings, alleged international application fields available to fill the receiving Office.

9. Check payment of fees is made financial and economic sector.

Finance and Economics Branch carries out accounting duties, storage of documents for payment of duties and acts in accordance with the procedure of accounting for duties and taxes.

10. Verification of compliance of the amount of duty paid will be exercised by an expert Department, according to the following sections of the Provisions on fees:

-filing fee and checking for compliance with the requirements of the examination on formal grounds (section II (2):

-for postage (section IV (2);

-for the preparation and issuance of a priority document (section IV (3) (if present).

Other duties, i.e., international filing fee, the search fee, payable in the amounts and terms stipulated by the PCT and the regulations under the PCT.

11. To reduce the size of the fees the applicant must apply in each case, using the form “application for reduction of fees.

12. In accordance with article 14 (3) of the PCT where the applicant fails to pay within the prescribed time-limit amount, then fully considered withdrawn (PCT-Form 6) and further outsourcing is carried out according to paragraph 18 of the present procedure.

13. the expert’s Department, in accordance with article 11 (1) of the PCT, sets the date of filing of the international application.

In accordance with the requirements of the international application, the applicant is sent a notification (Form PCT-1) where it is reported the international application number and the international filing date under rule 20.2 (c) of the regulations under the PCT. Simultaneously to the International Bureau a copy of this notification is sent if the International Bureau is not submitted or is not sent at the same time the record copy of the international application in accordance with rule 22.1 (a) of the regulations under the PCT.

14. If the expert’s Department determines that the international application is filed in violation of the requirements of article 11 (1) of the PCT, an applicant shall be immediately sent to the proposal (Form PCT-2) correction of the international application within one month from the date of receipt of the proposal. The proposal indicates how the requirement provided for in article 11 (1) of the PCT has been fulfilled.

In the case of the claimant’s provision of timely fixes, patches date is entered in the last page of the PCT, in paragraph 4, “the date of timely receipt of the required corrections under article 11 (2) of the PCT” field available to fill the receiving Office. In accordance with article 11 (1) (b) PCT, this date can be the international filing date of the application if no other deficiencies.

In case of removal of the applicant within the prescribed time-limit the shortcomings of international application documents or if the correction offered by the applicant still does not satisfy the requirements of article 11 (1) of the PCT, in accordance with rule 20.4 PCT Regulations, expert Department:

immediately notifies (Form PCT-3) the claimant that his claim is not, and will not be treated as an international application and shall indicate the reasons;

-transmits the international application materials, including correspondence with the complainant, in archive of Kyrgyzpatent.

15. the expert team:

-deficiencies under article 14 (1) and article 14 (2) of the PCT, which fix rule 26 of the PCT Regulations and the relevant sections of the administrative instructions under the PCT;

-compliance with the registration requirements of the international application the international application referred to in rule 11 of the regulations under the PCT, only insofar as their implementation is necessary for the purposes reasonably uniform international publication;

-compliance with any translation submitted in accordance with rule 12.1 of the regulations under the PCT, the requirements for preparation of applications referred to in rule 11 of the regulations under the PCT, to the extent that their execution is needed for the purpose of satisfactory reproduction.

Requirements of the international application rules installed 4, 11 and 90 of the regulations under the PCT and, in particular, include:

-statement of the PCT Regulations (rule 4);

-number of copies (rule 11, paragraph 11.1);

-fitness for reproduction (rule 11, paragraph 11.2);

-the material used (para. 11.3 regulation 11);

-individual sheets, etc. (para. 11 rule 11.4);

-sheet size (para. 11 rule 11.5);

-fields (para. 11 rule 11.6);

-the numbering of sheets (paragraph 11.7 11 rules);

-line numbering (para. 11 rule 11.8);

-writing text (para. 11.9 rule 11);

-drawings, formulas and tables in the text (paragraph 11.10 11 rules);

-inscriptions on drawings (rule 11, paragraph 11.11);

-fixes, etc. (para. 11 rules 11.12);

-Special requirements for drawings (para. 11 rule 11.13);

a separate power of Attorney (rule 90.4);

-General power of Attorney (rule 90.5).

If you need expert Department verifies that:

-power of Attorney, if the application is filed via a patent agent;

-the copy of the earlier application, if the statement indicated PCT priority.

16. the expert’s Department checks the padding box no. VI PCT and the availability of the documents confirming the legality of requesting priority.

In box no. VI PCT must be specified:

-the date of the earlier application, which is the date of the twelve month period preceding the international filing date;

-the number of the earlier application;

country party to the Paris Convention for the protection of industrial property, or a WTO Member State that had not acceded to that Convention, in which the earlier application was filed;

-Regional Office, where the earlier application is a regional;

-the receiving Office, where the earlier application is an international.

For priority documents include certified copy of the earlier application for which priority is claimed, regardless of whether the application is a national, regional or international. The priority document must be submitted to Kyrgyzpatent by the applicant in not later than 16 months from the priority date. Any priority document received by the International Bureau after the expiration of the period, but prior to the date of the international publication shall be considered as received on the last day of that time limit (rule 17.1 (a) of the regulations under the PCT).

If the applicant claims the priority of the Kyrgyz Republic, the expert’s Department, subject to the payment of a fee for the preparation and issuance of a priority document (section IV (3) of the fees), send to the International Bureau a certified copy of the previously filed application.

17. Upon detection of an expert Division of violations of the requirements of paragraphs 15 and 16 of this order (except in the case of absence of drawings) the claimant is sent a request (Form PCT-4), indicating the shortcomings and requesting the missing or corrected materials within two months from the date of its receipt.

If the applicant, within the prescribed time limit does not submit requested materials, further outsourcing is carried out according to paragraph 18 of the present procedure.

In accordance with article 14 (2) of the PCT in the case of absence of drawings, the expert’s Department shall notify the applicant accordingly (Form PCT-5) with a proposal to submit them within two months from the date of receipt of the notification.

In case of timely provision by the applicant of the date of receipt of drawings drawings shall be placed in paragraph 2 “Drawings” in the box “received” fields for filling by the receiving Office on the last page of the statement.

If the applicant fails to submit drawings, then link to these drawings shall be null and void and in accordance with rule 20.5 (a) PCT Regulations in case of absence, drawings expert notes on the last page of the statement the PCT received square “in paragraph 2” Blueprints “field available to fill the receiving Office.

18. the expert’s Department, shall, in conformity with rule 29.1 PCT Regulations the international application withdrawn in the following cases:

-failure to respond to the request;

-failure to pay the prescribed fees;

-failure of the original document.

On the international application withdrawn expert’s Department carries out the following steps:

-forwards record copy to the International Bureau (if it has not already been submitted) and any corrections submitted by the applicant;

-notify the applicant (Form PCT-6) and the International Bureau for the seizure;

-does not forward a copy for search, as stipulated in paragraph 20 of the present order, or, if such copy has already been sent, it shall notify the International Searching Authority for the seizure;

-transmits the international application materials, including correspondence with the applicant in archive of Kyrgyzpatent.

19. If the international application requirements established by article 11 (1) of the PCT and national security requirements established by paragraph 3 of this order, the expert’s Department:

-fills in “Name” field of the receiving Office, the receiving Office to fill the allotted time on the first page of the PCT;

-put a stamp “International PCT application” on the application of the PCT;

-put “international filing date” field to fill the receiving Office on the first page of the PCT;

-sends to the International Bureau of the record copy of the international application with a covering letter of Kyrgyzpatent (annex 1).

Depending on which one is higher, the international filing date may be the date specified on the last page of the statement in paragraph:

– «1. Date of actual receipt of the international application;</