Patent law of the Kyrgyz Republic

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Patent law of the Kyrgyz Republic

PATENT LAW OF THE KYRGYZ REPUBLIC

(Version of the Law of the Kyrgyz Republic of July 25, 2002 # 130, February 27, 2003 # 46, December 6, 2006 # 200, January 25, 2013 # 8, April 10, 2015 # 76) 

Section I
General Provisions

Article 1. Relations governed by the Law

This Law governs the property relations and the associated personal non-property relations arising in the territory of the Kyrgyz Republic in connection with creation legal protection and use of inventions, utility models and industrial designs (hereinafter referred to as “industrial property subject matters”).

Article 2. Authorized Government Body of the Kyrgyz Republic in the field of Intellectual Property

            The authorized government body of the Kyrgyz Republic in the field of intellectual property (hereinafter referred to as “Kyrgyzpatent”) in accordance with this Law receives applications for protection of industrial property subject matter, examines applications and makes official registration thereof, grants titles of protection, makes official publication of the data related to industrial property subject matters, lays down rules for the implementation of this Law and performs other functions in accordance with the ordinance concerning Kyrgyzpatent adopted by the Government of the Kyrgyz Republic.

Kyrgyzpatent manages the National Patent Fund, provides its storage and compilation by the means of acquisition and exchange with international organizations and foreign patent offices.

With purpose to improve the activities of Kyrgyzpatent on the granting of legal protection to the industrial property subject matters, an Appeal Board under Kyrgyzpatent shall be established, which is complosury first instance body on resolution disputes related to industrial property subject matters in accordance with its comptentce. An order of objections consideration shall be established by Kyrgyzpatent. 

The sources of finance of Kyrgyzpatent activities are republican budget, patent fees,    remuneration obtained by Kyrgyzpatent in exchange for services and documents it provides and by other extrabudgetary funds.

(As amended by Law of the Kyrgyz Republic of February 27, 2003 # 46)

Article 3. Legal Protection of the Industrial Property Subject Matters

The right for the industrial property subject matter shall be protected by this Law and shall be confirmed by a patent, which certifies priority, authorship and patent owner’s exclusive right for this industrial property subject matter.

The scope of legal protection provided by a patent for an invention and utility model shall be determined by their formula and that for a patent for an industrial design, by the whole of its essential features shown in the depiction of an article (model) and listed essential features. Legal protection of the industrial property subject matters recognized as a secret by the state shall be regulated by the legislation of the Kyrgyz Republic. (As amended by the Law of the Kyrgyz Republic of February 27, 2003 # 46)

See:

Decree No. 242 of the Government of the Kyrgyz Republic of April 27, 2000 "On Approval of the Regulations on Secret Inventions, Utility Models and Industrial Designs of the Kyrgyz Republic".

Article 4. Duration of Patent

A patent for an invention shall be effective during twenty years from the date of filing an application to Kyrgyzpatent.

A patent for a utility model shall be effective within the period of five years from the date of filing an application to Kyrgyzpatent. At the request of the holder, Kyrgyzpatent may extend the effective period of the patent for utility model for the term not exceeding three years.

A patent for an industrial design shall be effective within the period of ten years from the date of filing of an application to Kyrgyzpatent. At the request of the holder, Kyrgyzpatent may extend the effective period of the patent for industrial design for the term not exceeding five years.

The order for extending the effective term of the patent for an invention, utility model or industrial design shall be established by the authorized body in the field of intellectual property.

(Version of the Law of the KR of February 27, 2003 N 46, December 6, 2006 N 200, April 10, 2015 N 76)

See also:

Decree of the Government of the Kyrgyz Republic dated January 5, 2011 No. 7 "On approval of the Rules for extending the term of validity of the patent of the Kyrgyz Republic for an invention related to pharmaceuticals, the Rules for extending the term of validity of the patent of the Kyrgyz Republic for a utility model, the Privilege of extending the term of validity of a patent of the Kyrgyz Republic for an industrial design"

Section II
CONDITIONS OF PATENTABILITY OF THE OBJECTS OF INDUSTRIAL PROPERTY

Article 5. Conditions of Patentability of an Invention

An object claimed as an invention shall enjoy legal protection if it is new, has an inventive level and industrially applicable.

An invention shall be considered new if it is not known from the state of the art.

An invention shall be considered as having an inventive level if it does not obviously follow from the state of the art. Requirements to the specialist determining the inventive level are established by the Government of the Kyrgyz Republic.

The state of the art shall include any information, which has become generally available in the world before the priority date of the invention.

While establishing the novelty of an invention, the information on the state of the art shall include non-withdrawn applications of other applicants, filed to Kyrgyzpatent with an earlier priority, as well as inventions and utility models patented in the Kyrgyz Republic.

            An invention shall be considered industrially applicable if it may be used in industry, agriculture, public health service and in other branches of national economy.

Public disclosure of information, relating to the invention, by author, applicant or any other person having obtained the information directly or indirectly from them, that made information on the essence of the invention public not earlier than twelve months before the date of filing an application or before the priority date if it is sought, shall not be deemed as circumstance preventing from recognition patentability of invention.  The burden of proof of the foregoing shall be on the applicant. 

The subject matters of inventions may be a device, a method, a substance, a strain of microorganism, cells of plants and animals, as well as application of previously known device, method, substance and strain for a new purpose or any other new achievement in the area of technology and technique.

Shall not be recognized as inventions:

1) Discoveries;

2) Scientific theories and mathematical methods;

3) Methods of organization and management of economy;

4) Conventional signs, schedules and rules;

5) Rules and methods of performing mental operations, organization of games;

6) Algorithms and computer programs as such;

7) Decisions, which consist only in providing information;

8) Drafts and schemes for planned structures, buildings and territories;

9) Proposals concerning solely the outward of appearance of manufactored articles intended to satisfy of aesthetic requirements;

10) Integrated circuits topography;

11) Varieties of plants and breeds of animals;

12) Proposals that are contrary to public interests, humanitarian principles and moralty, hazardous to the environment.

The subject matters listed in items 6, 10, 11 of part 9 of the present article are protected by separate laws.

The presence of algorithm and software programs in the invention shall not be deemed as a fact influencing to             the patentability of an invention, if they are considered as a part of an invention.

(As amended by the Law of the KR dated January 25, 2013 N 8)

Article 6. Conditions of Patentability of Utility Model

Devices shall be related to utility models.

The legal protection is granted to the subject matter, claimed as a utility model if it is new and industrially applicable. 

A utility model shall be considered new if the whole of its essential features is not known from the state of the art.  

Information on the state of the art shall include any kind of information published anywhere in the world and made available to the public, before the date of the application for untility model, information on their use in the Kyrgyz Republic, not withdrawn applications for inventions and utility models filed earlier by other persons for inventions and untility models patented in the Kyrgyz Repulic.    

Public disclosure of information, relating to the utility model, by author, applicant or any other person having obtained the information directly or indirectly from them, that made information on the essence of the utility model public not earlier than twelve months before the date of filing an application or before the priority date if it is sought, shall not be deemed as circumstance preventing from recognition patentability of utility model. The burden of proof of the foregoing shall be on the applicant. 

A utility model is industrially applicable if it can be practically used.

The subject matters mentioned in paragraph 9 of the Article 5 of this Law are not protected as utility models.

Article 7. Conditions of Patentability of an Industrial Design

An artistic-design presentation of an article, that defines its outward appearance, shall be related to industrial design. Upon that under the term “an article” a subject matter manufactured industrially or by artisians shall be understood.

To a subject matter claimed as an industrial design shall be given the legal protection if it is new and original.

An industrial design shall be deemed new if the sum of its essential features, presented in the representations of the article (model) and listed in the list of the essential features, was not known from information generally available in the world before the priority date of the design.

When determining the novelty of an industrial design, earlier filed in the Kyrgyz Republic by other persons not withdrawn applications for industrial design and patented industrial designs in the Kyrgyz Republic, shall also be also taken into account.      

An industrial design shall be deemed original if its essential features determine the creative nature of the article’s special aspects.

Essential features of an industrial design shall include features that determine the aesthetic and/or ergonomic characteristics of the article’s outward appearance, the shape, configuration, ornament and combination of colors.

Public disclosure of information, relating to the industrial design, by author, applicant or any other person having obtained the information directly or indirectly from them, that made information on the essence of the industrial design public not earlier than six months before the date of filing an application or before the priority date if it is sought, shall not be deemed as circumstance preventing from recognition patentability of industrial design. The burden of proof of the foregoing shall be on the applicant. 

The following shall not be recognized as patentable industrial designs:

1) solutions that are determined exclusively by the technical function of an article;

2) solutions that relate to architectural works (with the exception of minor architectural forms) and industrial, hydrotechnical and other stationary structures;

3) solutions that relate to printed matter as such;

4) solutions that relate to subject matter of unstable shape such as liquids, gaseous and dry substances and the like;

5) articles that are contrary to the public interest, humanitarian principles or morality.

 (As amended by the Law of the Kyrgyz Republic of February 27, 2003 # 46)

Section III
SUBJECTS OF LAW

 Article 8. The Author of the Industrial Property Subject Matter

A natural person whose creative work resulted in industrial property shall be recognized as the author thereof.

 Where an industrial property results from joint creative work of two or more natural persons, those persons shall be recognized as the joint authors thereof. The conditions for exercising author’s rights shall be determined by an agreement between them.

Natural persons shall not be recognized as joint authors where they have not made a personal creative contribution to the creation of an industrial property, but have simply given the author (or authors) technical, organizational or material assistance or helped him (or them) in securing the legal rights in the industrial property subject matter or in using it.

The authorship right shall be an inalienable personal right and shall be protected interminably.

Article 9. The Patent Owner

The right to obtain patent shall belong to:

 1) the author (authors) of the industrial property subject matter;

 2) the employer in the cases stipulated in paraghraph 2 of this Article;

 3) successors, including a person obtained an appropriate right in the procedures of cession rights;

The right to be granted a patent for the industrial property subject matters, created by an employee in connection with the fulfillment of his employment duties or a specific task of the employer shall belong to the employer, unless otherwise provided by the agreement between the employer and employee.   

If the employer, within four months from the date of the notification by the author on the created industrial property subject matter, fails to file a patent application to Kyrgyzpatent, fails to transfer the right be granted a patent to a third person or fails to inform the author of keeping the information on the respective industrial property subject matter secret, the right to be granted a patent shall transfer to the author. In such case the employer shall have the right to use the industrial property subject matter in his own business, paying compensation to the patent owner, as agreed in a contract.        

The right to obtain a patent for the industrial property subject matter created by the employee with the use of experience, material, technical and other means of the employer but not in connection with fulfillment of working duties by the employee or a concrete task of the employer, shall belong to the employee if otherwise is not specified in the agreement between him and employer. In this case the employer has the right to use the industrial property subject matter in his business paying compensation to the patent owner determined on contract basis.

Article 9-1. The right to be granted a patent for an invention, utility model, industrial design, created during the fulfillment of a state contract.

The right to be granted a patent for an invention, utility model, industrial design created while carrying out work under a state contract for the state needs of the Kyrgyz Republic, shall belong to the performer (contractor) if by the state contract unless the state contract stipulates that this right shall belong the Kyrgyz Republic, on behalf of which the state customer acts.

In case that, in accordance with the state contract, the right to be granted a patent belongs to the Kyrgyz Republic, the state customer may file a patent application within six month after a written notification from the performer (contractor) on results eligible for protection as an invention, utility model and industrial design. In the event that state customer fails to file an application within the above time period, the performer (contractor) shall have the right to be granted a patent.  

In the event that a patent for an invention, utility model or industrial design, created while carrying out work under the state contract for the state needs of the Kyrgyz Republic, in accordance with Paragraph 1 hereunder, was not granted to the Kyrgyz Republic, the patent owner shall, on request of the state customer, provide to a person (persons) indicated by the customer a nonexclusive free-of-charge license to use the said invention, utility model or industrial design to carry out work or supply products for the state needs of the Kyrgyz Republic. 

The author of an invention, utility model or industrial design, who is not the patent holder, shall be paid remuneration by the patent holder under paragraph 1 hereunder. Provision of Article 10 of this Law shall apply in the payment of such remuneration. 

In the event of granting a non-exclusive free-of-charge license, as provided in paragraph 3 of this Article, remuneration to the author shall be paid by the state customer on whose request the license was granted.  The remuneration shall be paid out of funds allocated to the state customer to carry out work under the state contract.

 (As amended by the Law of the Kyrgyz Republuic of December 6, 2006 No. 200)

Article 10. The Right of the Author for Remuneration

The author, who has not right to obtain a patent, shall have the right to obtain remuneration from the employer, paid in the amount and under conditions determined on the basis of an agreement between them. 

In the event that an agreement between parties on the amount and the order of payment of remuneration or compensation is not reached the dispute shall be considered through legal proceedings.

For the late remuneration or compensation determined by a contract, employer, who is guilty, shall bear responsibility in accordance with the legislation of the Kyrgyz Republic.   

Other relations arising in connection with the creation of the industrial property subject matters by an employee shall be regulated by the legislation of the Kyrgyz Republic on Works Invention, Utility Models and Industrial Designs.

Section IV
THE EXCLUSIVE RIGHT TO THE INDUSTRIAL PROERTY SUBJECT MATTERS

Article 11. Rights of the Patent Owner

The patent owner shall have an exclusive right to the protected by patent industrial property subject matters, including the right to prohibit the use of these subject matters by other persons, except for cases, when such use in accordance with this Law is not infringement of an exclusive right of the patent owner.    

An exclusive right to the protected industrial property subject matters arises since the date of publication information on the issue of patent in the Official Bulletin, which is publicated by Kyrgyzpatent.  

Relationships on the use of an industrial property subject matter, the patent of which belongs to several persons, shall be defined in a contract between such persons. In the absence of such a contract, each of them may use the protected subject matter at his discretion, but shall have no right to provide an exclusive license for it or assign the patent to the third person without consent from the other patent owners.

In the event that an agreement between owners of patent on granting an exclusive license or cession of a patent sharing rights to an industrial property subject matter is not reached the dispute shall be considered through legal proceedings. 

Manufacturing, exploitation, import, offer for sale, sale and any other introduction into the economic turnover or storage for such purposes of products that contains industrial property subject matters protected by a patent as well as exploitation of the method protected by a patent for an invention shall be deemed as the exploitation industrial property subject matter.

The product shall be deemed containing a protected by a patent invention, utility model, if it contains each feature of the invention, utility model stated in an independent point of the formula or a feature equivalent thereto, which is known as such in this field of technology at the date of beginning exploitation. The method protected by a patent for an invention shall be deemed applicable if each feature of the invention listed in an independent point of the formula or equivalent to it feature which is known as such in the field of technology on the date of beginning the exploitation is applied.

The product shall be deemed containing a protected by a patent an industrial design if it contains all of its essential features presented in the depiction of an article (model) and in the list of essential features.

The use of a protected by a patent method shall be also deemed introduction into an economic turnover or storage with the same purpose of a device by functioning or exploitation of which, pursuant to its assignment, the present method is automatically provided. 

The use of a method for manufacturing of a protected by a patent product shall be also deemed introduction into an economic turnover or storage with the same purpose of a product produced directly by this method. Under this condition the new product is considered to be manufactured by a patented method if otherwise is not proved.

Manufacturing, experimental proof and test of engineering sample of product shall not be deemed as the use of an industrial property subject matter.

A patent owner may assign the granted patent to any individual or legal entity. The agreement on assignment of a patent shall be registered with the Kyrgyzpatent and be published in the Official Bulletin of Kyrgyzpatent. The agreement shall not be valid without registration.

Patents and the right to obtain them shall be transferable by succession.

Property rights validated by a patent for the industrial property subject matter might be subject of collateral. 

 (As amended by the Law of the Kyrgyz Republic of February 27, 2003 #46 and January 25, 2013 #8)

Article 12. Obligations of the Patent Owner and Compulsory Licenses

If an industrial property subject matter fail to be used or insufficiently used by the patent owner or persons, to whom the rights thereon had been transferred, for three years from patent grant, which leads to insufficient offer of the respective goods or services on the goods and services markets, any person willing and ready to use patented industrial property subject matter, given the patent owner’s refusal to conclude with such person a license agreement on generally accepted terms in the practice, shall have the right to start a legal action to provide him a compulsory license for the use of indicated subject matter.          

If the patent owner fails to prove that the non-use or insufficient use of an industrial property subject matter is caused by valid reasons, the court shall grant the indicated license specifying the scope of use, amount, time limits and procedures of payment. The amount of payment shall not be lower than the price of the license, which is determined in compliance with the established practice.

A patent owner which is unable to use an invention without infringing the rights of an owner of another patent for an invention or for a utility model, who has refused to conclude a license agreement on generally accepted terms, shall have the right to start a court action with an appeal to grant him a compulsory license for the exploitation of an invention or utility model to the extent that his invention represents an important technological achievement of the significant economic value over the invention or utility model of the owner of other patent.

When granting the said license, the court shall establish the limits for the use of an invention or utility model, a patent for which belongs to the other person, in the scope necessary to use an invention patented by the person, requiring granting him a compulsory license, as well as the amount, terms and payment order. The total amount of the payments shall be established at no less than the license price, determined in compliance with the common practice.

In the emergency situations (disasters, catastrophes, big accidents, epidemic), as well as in the interests of the national security, the Government of the Kyrgyz Republic shall have the right to grant a compulsory license with payment of an applicable compensation to a patent owner; in this case the volume and time of exploitation of the patented industrial property subject matter shall be restricted by the purposes for which it was allowed. Disputes arising due to such exploitation shall be decided by court.

The compulsory license shall always be non-exclusive license, it cannot be reassigned to another person.  

(As amended by the Law of the Kyrgyz Republic of 10 April 2015 #76)

See:

Decree of the Government of the KR of December 24, 1998  #862 "On approval of the Regulations on the conditions and procedure for granting a compulsory license for an industrial property subject matter and its use".

Article 13. Acts Not Recognized as an Infringement on the Exclusive Right of the Patent Owner

The performance of the following acts shall not constitute an infringement of the exclusive right of the patent owner:

1) Use of a product, containing an industrial property subject matter, protected by patents, in the structure or in operation of transport vehicles (river and marine, air, land and space crafts) of other countries, provided that such transportation vehicles are temporarily or accidentally located in the territory of the Kyrgyz Republic and are used for the needs of the transportation vehicles. Such actions shall not constitute an infringement of the exclusive right of the patent owner, if transportation vehicles belong to individuals or legal entities of the countries that grant similar rights to the owners of transportation vehicles of the Kyrgyz Republic;

2) scientific research or an experiment over a product containing an industrial property subject matter;

3) use of such products in emergency situations (natural calamities, catastrophes, accidents, epidemic) with subsequent payment of a commensurate compensation to the patent owner;

4) use of products containing an industrial property subject matter protected by patents, if these products are introduced into an economic turnover by legal means in compliance with the rights granted by a patent owner. In this case the person, who under the permission of the patent owner acquires a product containing patented an industrial property subject matter or manufactured with the use of the patented method, shall have the right to use or dispose this mean without additional permission, unless otherwise is provided by the agreement

5) use of an invention, utility model or industrial design for private, family, domestic or other needs, not related to business activities needs, if the purpose of such use is not to make profit or revenue;

6) import into the Kyrgyz Republic, utilization, offer for sale, selling, other introduction into civil circulation or storage for these purposes of a product, where an invention or utility model were used, or product where an industrial design was used, if such product or device had been introduced into the civil circulation within the territory of any country by the patent owner or by the other person, authorized by the patent owner.

 (As amended by the Law of the Kyrgyz Republic of April 10, 2015 #76)

Article 14. Right of Prior Use and Provisional Legal Protection

Any individual or a legal entity, who before the priority date of an industrial property subject matter, regardless of the author, had created and used in the territory of the Kyrgyz Republic a solution similar to the industrial property subject matter or made the necessary preparations for such use, shall have the right to use it free of charge without the extension of scope of such use.

The right of prior use may only be assigned to another individual or legal entity together with the production unit where the use of similar solution has taken place or the necessary preparations for use have been made. 

During the period between the date of publication of the particulars of the application and the date of publication of the particulars of the patent grant the claimed invention shall enjoy provisional legal protection within the scope of the published claims but anyway not in a scope greater than that defined by the claims contained in the granted patent. 

The provisional legal protection shall not be deemed as withdrawn if the patent application has been recalled or is deemed to have been recalled, or a decision to refuse the grant of a patent has been taken in respect of the patent application and the possibility to oppose it, has been exhausted.  

Any individual or legal entity, using the claimed invention during the provisional legal protection shall pay compensation to the patent owner after obtained patent. An amount of this compensation shall be defined by the agreement between parties. 

The provision of paragraph 5 of this Article shall also cover the industrial property subject matters since the date of placement of product containing such industrial property subject matters at the official or officially recognized international exhibition, arranged in the territory of member-state of the Paris Convention on Industrial Property Protection, provided that an application for patent grant was filed with Kyrgyzpatent no later than six months since indicated date.

A person who started the use of the industrial property subject matter since priority date but before the date of publication of the information concerning application for granting a patent for an invention as well as information concerning registration of utility models or industrial designs must stop further use at the request of an applicant.

However such person must not pay applicant's damages, incurred as a result of such use. In case of failure to execute the applicant's request provided by paragraph 7 of this Article, the infringer is subject to the rule provided the responsibility for infringement rights of the patent owner in accordance with the legislation of the Kyrgyz Republic.

 (As amended by the Law of the Kyrgyz Republic of February 27, 2003 #46)

Article 15. Granting the Right to Use the Industrial Property Subject Matter

Any person who is not a patent owner shall have the right to use an industrial property subject matter protected by patent only with the authorization of a patent owner on the basis of licensing agreement.

See.:

Manual on composing the license agreement for using of industrial property subject matter (approved by the protocol of editorial – and - publishing collegiums of December 8, 2000 #4)

According to the licensing agreement, the patent owner (licenser) takes an obligation to give the right to use a protected subject matter within the scope provided in the agreement to another person (licensee) and the latter takes an obligation to make payments to the licenser provided in the agreement and perform other actions provided in the agreement.

In the case of an exclusive license the licensee shall be given an exclusive right to use the industrial property subject matter within the limits specified in the agreement, retaining the right to use the industrial property subject matter by the licenser in the part, which is not transferred to the licensee. 

In the case of non-exclusive license the licenser, while granting the the licensee the right to use the industrial property subject matter shall retain all the rights deriving from the patent, including the right to grant the licenses to third party.

A license may contain provisions different from the ones indicated in this Article on the basis of mutual agreement between a licenser and a licensee.

A license agreement, collateral arrangement on interest in a patent shall be subject to registration in the Kyrgyzpatent upon payment fee and shall not be valid without such registration.

The license agreement, collateral arrangement on interest in a patent shall become effective as of the date of its registration with Kyrgyzpatent, and shall be published in the official bulletin of Kyrgyzpatent.

The patent owner may file an application with Kyrgyzpatent on providing the right to any person for using of industrial property subject matter (open license) to the extent established in the agreement. In this case the fee, in order to keep a patent effective, shall be reduced by 50% as of the year following the year of publication of the information about such application by Kyrgyzpatent.

The application of a patent owner on granting the right to an open license cannot be withdrawn.

Disputes on the refusal to conclude an agreement as well as on the condition of the agreement shall be subject of consideration in a court.

(As amended by the Law of the Kyrgyz Republic of January 25, 2013 #8)

Article 16. Patent Infringement

The use of an industrial property subject matter protected by a patent in disregard of conditions regulated by this Law shall be recognized as a patent infringement.

The patent owner shall have the right to demand:

* cessation of a patent infringement;

* compensation of losses, including lost profit and compensation of moral damage by the patent infringer;

* collecting of income received by the patent infringer instead of compensation of losses;

* payment of compensation by an infringer in the amount of 10 to 50.000 minimum salaries established by the legislation of the Kyrgyz Republic, determined at the discretion of court instead of compensation of losses or collecting of income;

* confiscation of products to his own benefit introduced to an economic turnover or stored for this purpose and considered as infringing a patent as well as means specially directed for the infringement of a patent;

* publication of court ruling to protect his\her business reputation.

The exclusive licensee may also bring an action against the patent infringer, except where the license agreement provides otherwise, or non-exclusive licensee, if it is provided by the licensing agreement. 

 (As amended by the Law of the Kyrgyz Republic February 27, 2003  #46)

Section V.

Patent Grant

Article 17. Filing of Patent Application for the Patent Grant

An application for the grant of a patent shall be filed with Kyrgyzpatent by the person entitled to receive the patent as provided under the present Law in accordance with Article 9  (hereinafter - the applicant).

An application for grant of a patent is seen in the national (Kyrgyz) and official (Russian) languages. Formula of invention or utility model, the list of essential features of industrial design, the name of the industrial property object, the name of an applicant and patent owner must be submitted in a native or in official languages. If other documents of the application as well as documents presented during the examination of an application are submitted in the other language, the translation into Kyrgyz or Russian shall be attached. Translation into the state or official language must be provided to the Kyrgyzpatent by the applicant not later than three months from filing of application date.

On petition of an applicant time for submission of indicated documents may be prolonged and reestablished in the event of its violation under the proof of reasonable excuses and payment of corresponding fee.

Application may be filed with patent attorney of record registered in Kyrgyzpatent. Individuals residing outside of the Kyrgyz Republic  or foreign legal entities or their patent attorneys are managing business, connected with receipt of a patent, as well as protection of Industrial Property Facilities, through the patent attorneys registered in the Kyrgyz Republic, excepting procedures connected with establishment of the fling date, payment of fee, earlier filed application copy submission in case of claiming of the convention priority, earlier filed application copy submission, receiving of receipts and notification of the Kyrgyzpatent concerning of abovementioned procedures, payment of fee for keeping a patent valid.

The power of the patent attorney shall be certified with warrant of attorney, issued to him by the person, in whose name the patent is requests.

The Kyrgyzpatent shall determine the certification procedure and registration of the patent attorney of record and implement it.  

(As amended by the Law of the Kyrgyz Republic dated July 25, 2002 N 130, February 27, 2003 N 46)

Article 18. Application for an Invention Patent

The application for the grant of an invention patent (hereinafter referred to as an invention application) shall relate to the single invention only or to the group of inventions so linked between them so much that they meet the requirements of the unity of invention.

The invention application shall contain:

1) the application for the grant of a patent stating the names of the inventor (or inventors) and the person (or persons) in whose name the patent is sought, their place of residence or location;

2) the description, disclosing the claimed invention in sufficient detail to impement it by the specialist in this field;

3)  the claims, stating the essential features of the invention and fully supported by the description;

4) - the drawings or other material, where indispensable for the understanding of the disclosure;

5) essay

The invention application shall be accompanied by a document, certifying the payment of patent fees in the prescribed amount, or a document, certifying the exemption from patent fees, or reduction of fees, which can be submitted when filing the application or within two months under the condition of additional fee payment.

The application is considered to be withdrawn if the specified document is failure to submit within the stipulated time.

The filing date of application to the Kyrgyzpatent shall be the date of receipt of the documents, necessary to consession of priority in compliance with the requirements of Section 1, Article 21 of the present Law, and if the refered documents are not presented simultaneously, then the date of receipt of the last from submitted documents.

(As amended by the Law of the Kyrgyz Republic dated February 27, 2003 N 46)

See.:

The procedure of document control on application to issue of the statutory protection for invention (approved by a decision of the Kyrgyzpatent collegiate organ dated December 29, 2000 N 9)

Article 19. Application for the Grant of a Utility Model Patent

The application for the grant of  utility model patent (hereinafter referred to as a utility model application) shall relate to one utility model only or to a group of utility models so linked as to form a single general creative concept (unity of utility model requirement).

The application for The utility model application shall contain::

1) the request for the grant of a patent, stating the names of the creator (or creators) and the person (or persons) in whose name the grant of the patent is sought, and the addresses of their residences or places of business;

2)  the description, disclosing the claimed utility model in sufficient detail for it to be made;

3) the claims, stating the essential features of the utility model and fully supported by the description;

4)  the drawings if they are needed to understand the essence of the utility model;

5) essay.

A utility model application shall be accompanied by a document, certifying the payment of patent fees in the prescribed amount, or a document, certifying the exemption from patent fees, or reduction of fees, which may be provided in filing the application or within two months under the condition of additional fee payment.

The application is considered to be withdrawn if the specified document is failure to submit within the stipulated time.

The date of the utility model application filing shall be the date of receipt by the Kyrgyzpatent the documents necessary for consession of priority in compliance with the requirement of Section 1, Article 21 of the present Law, and if the specified documents are not presented simultaneously, then the date of receipt of the last from submitted documents.

 (As amended by the Law of the Kyrgyz Republic dated February 27, 2003 # 46)

see.:

The procedure of the document control on application to issue the certificate for utility model (approved by decision of the Kyrgyzpatent collegiate organ dated December 29, 2000 N 9)

Article 20. Application for the Grant of an Industrial Design Patent

The application for the grant of an industrial design patent (hereinafter referred to as an industrial design application) shall relate to one industrial design or to a group of industrial designs, so closely associated, that they form a single creative concept (unity of industrial design requirement).

 The industrial design application shall contain:

1)   the request for the grant of a patent, stating the name of the author or authors and the person (or persons) in whose name the patent is sought, and their place of residence or place of business;

2)  set of patterns of an article (model) giving full and detailed view on decorative appearance of the article.

3) the draught of the whole exterior of an article, ergonomic scheme, confection map, if they are necessary for the disclosure of the industrial design essence;

4) description of the industrial design;

5) the list of its essential features.

The industrial design application shall be accompanied by a document, certifying the payment of patent fees in the prescribed amount, or a document, certifying the exemption from patent fees, or reduction of fees which may be provided in filing application or within two months under the condition of additional fee payment.

The application is considered to be withdrawn if the specified document is failure to submit within the stipulated time.

The date of the industrial design application filing shall be the date of receipt by the Kyrgyzpatent the documents necessary necessary for consession of priority in compliance with the requirement of Section 1, Article 21 of the present Law, and if the specified documents are not presented simultaneously, then the date of receipt of the final from submitted documents.

(As amended by the Law of the Kyrgyz Republic dated February 27, 2003 N 46)

See.:

The procedure of the document control on application for issue of the statutory protection for the industrial design (approved by a decision of the Kyrgyzpatent collegiate organ dated December 29, 2000 N 9).

Article 21. Industrial Property Subject Mater

Priority of invention and utility model shall be established on the date of filing an application to the Kyrgyzpatent, which contains the following:

1) application for the grant of a patent for invention, utility model – specifying the applicant;

2) description of invention, utility model or part of description of invention, utility model, including all essential features of the claimed invention, utility model or draft as an element of mentioned description or the link to the any earlier filed application provided by sections of third, sixth, seventh, eights and thenth of this Article. If the application does not contain above-mentioned documents, the Kyrgyzpatent without further delay shall notify the applicant on necessity of submission of these documents within two months from the date of receipt of this notification.

Priority of an industrial design shall be established due to the filing application date to the Kyrgyzpatent containing the following:

1) Petition for industrial design with indication of the applicant;

2) a set of the article pattern (model), a list of essential features of the industrial design.

If application does not contain the specified documents, the Kyrgyzpatent shall notify without further delay the applicant on necessity of submission of these documents within two months from the date of notification receipt.

Priority may be established due to the filing date of the first application in a member state of the Paris Convention on Protection of Industrial Property (conventional priority), if the application for invention or for utility model is filed with Kyrgyzpatent within the twelve months, and the application for an industrial design- within the six months from specified date. In counting of these terms the first filing date of the application does not included.

If due to the circumstances beyond control of an applicant the application claiming conventional priority could not be filed within the required term, the time period may be extended but not more than for two months.

An applicant willing to use the right of conventional priority is obliged to indicate for that in filing application time or during of two months from the date of application filing to the Kyrgyzpatent and a copy of the earlier filed application must be attached or submiting not later than four months from the date of application receipt by the Kyrgyzpatent.

Priority may be established according to the additional materials submiting date, if they have been prepared by the applicant as an independent application which filed before the expiration of a three-month-period from the date of notification receipt from Kyrgyzpatent on impossibility of taking into account of the additional materials in accordance with acknowledgement of them changing the essence of applied decisions. 

Priority may be established due to the earlier application filing date to the Kyrgyzpatent of the same applicant disclosing these invention, utility model, industrial design if the application on which the priority is sought has been filed not later than twelve months from the date of filing of earlier application for invention and six months in case of earlier application for a utility model, an industrial design. Herewith an earlier application shall be considered withdrawn.

Priority may be established on the basis of several earlier filed applications, under condition that the established terms are complied for each of them.

The priority cannot be established due to the application filing date upon which an earlier priority was requested.

Priority of industrial property subject mater on selected application shall be established due to the initial application filing date with Kyrgyzpatent disclosing this industrial property subject, if selected application is filed before the first application taken decision on refusal for granting a patent and appealability is exhausted. In case of granting the patent on specified application – till registration date of Industrial Property Subject Mater in the State Register. 

If during the examination it is established that industrial property identical subjects have the same priority date, then the statutory protection will be issued according to the application on which have justified earliest date of its forwarding to the Kyrgyzpatent and in case of coincidence of these dates – due to the application which have earliest registration number of the Kyrgyzpatent.

 (As amended by the Law of the Kyrgyz Republic dated February 27, 2003 # 46,  December 6, 2006 N 200)

Article 22. Revision of the Application Documents initiated the Applicant

During two months from the date of application filing, the applicant shall have the right to insert amendments and specifications to the documents without changing the essence of the applied industrial property subject.

Such amendments and clarifications may be submitted according to the application for industrial property subjects and on expiration of the indicated term, under the condition of fee payment, but no later than the rendering decision on issuance of patent.

Article 23. Examination of Application for an Invention

The Kyrgyzpatent shall conduct a formal and preliminary examination on application for invention.

At the petition of the applicant, which can be filed with Kyrgyzpatent simultaneously with application filing or within 30 months since the date of filing, consideration of the application may be implemented with or without examination on the essence. If petition is not submitted within said period, the application is considered as withdrawn.

(As amended by the Law of the Kyrgyz Republic dated February 27, 2003 # 46)

Article 23-1. Formal Examination of the Application for an Invention

During the formal examination application procedure for invention within of two-month period from the date of application filing shall be examined the contents of required documents provided by Article 18 of this Law and correctness of their formulation is considered the claimed proposal to the subject for which the legal protection is provided.

If in the result of formal examination have been established an application filled for proposal, not related to the subjects, and whom the legal protection is provided, will be delivered decision on refusal to grant a patent.

On the application filled with violations of the requirement the applicant shall be requested with offering within two months following the date of his request, to provide the modified and missed materials. In case if the applicant cannot provide all requested materials or petition on prolonging the agreed time, the application is considers as withdrawn.

If the application meets all the requirements of formal examination, then the notification will be sent to the applicant on accepting the application for consideration by specifying the filing date.

(As amended by the Law of the Kyrgyz Republic dated February 27, 2003 # 46, December 6, 2006 #200)

Article 23-2. Preliminary Application Examination for an Invention

During the performance of preliminary examination application the Kyrgyzpatent checking the compliance with the established requirements to the application document content within the ten months from the date of expiry of formal examination with positive results,  compliance of claimed invention under the condition of patentability criteria on application materials provided by the applicant, unrevoked application with prior claim approach, the fund of issued protection documents of the Kyrgyz Republic, as well as published Eurasian applications and patents, fixing priority of invention, verifies that the application meets the requirements of the unity of the invention.

While paying the relevant fee, the applicant has the right to apply on carrying out an expedited preliminary examination on the application for an invention.

In case if before the expiry of twelve months from the date of filing the application with Kyrgyzpatent or, if priority is claimed, from the priority date have taken a decision on issuance of a patent or patent was issued and identical application was received on the above-mentioned date with the demand for an earlier priority, decision on issuance of the patent or the patent will be cancelled.

If the applicant submits supplementary materials in accordance with Article 22 of this Law, during the preliminary examination it is verifies whether they do not change the essence of the claimed invention.

Supplementary materials change the essence of claimed invention, contain the features which are subject to inclusion at the claims of the invention, demands absent in the initial materials of the application

            Supplementary materials in a part of changing the essence of claimed invention are not taken into account in considering of application and can be registered by the applicant as an independent application.

On an application submitted with violation of the unity requirements, the applicant is requested to inform within two months of the proposal to be considered and to clarify, accordingly, the application documents.

Other decisions included in materials of the original application can be formalized by the divisional applications.

In case if the applicant fails to inform within two months from the date of notice receipt on violation of the invention unity requirements,  which of the proposals should be considered and does not submit the specified documents, the proposals specified in the formula  as a first will be considered.

During the preliminary examination, Kyrgyzpatent has the right to request from the applicant the supplementary materials, as without them the examination is impossible. The supplementary materials at the request of the examination department must be submitted within two months from the request received date.

In case if the applicant fails to submit the requested materials within the stipulated period or the petition on established date prolongation, the application shall be recognized as withdrawn.

On application that passed through the preliminary examination with a positive result, in existing of the application for grant of a patent without execution of substantive examination will be making decision on issuance of the patent and patent will be given under the responsibility of applicant.

Under the positive result of preliminary examination and in existing of the petition on substantive examination execution or in the absence of specified petition or petition on issuance of the patent without substantive examination execution, the applicant will be notified on positive result of the preliminary examination.

If it has been established in a result of the preliminary examination, that claimed proposal is not patentable, will be stated decision on refusal to grant a patent.

The applicant may submit with the Appeal Board Objection to a formal or preliminary examination on refusal to issue a patent within two months from the date of receipt. The objection must be considered by the Appeals Board within two months from the date of its receipt.

If the applicant disagrees with the decision of the Appeals Board, he may take a legal action within six months from the date of his receipt.

After the expiry of eighteen months, from the date of filing the application or,  if priority is claimed, the  Kyrgyzpatent publishes information about application in the official bulletin from the priority date,  except of cases, when the application is withdrawn or a decision is taken on issuance of the patent or on refusal in patent issue.

 The list and completeness of published information will be determined by the Kyrgyzpatent.

Subject to payment of the fee on request of the applicant, the Kyrgyzpatent may publish the information about an earlier than eighteen months application from the date of its filing or, if priority is claimed, from the priority date.

After receiving of the petition on granting a patent without substantive application examination execution after the completion of preliminary examination, the decision is taken to issue the patent within two months from the date of petition receipt.

 (As amended by the Law of the Kyrgyz Republic dated February 27, 2003 # 46, December 6, 2006 N 200)

Article 24. Examining an Application on Essence/Substance for Invention

The Kyrgyzpatent is examining on essence within eighteen months from the date of petition. The applicant shall be notified about petitions submitted by the third parties.

In examining an application on essence will be verified a correspondence of the claimed invention to the patentability condition, defined by the article 5 of this legislation.

In duration of examining an application on essence the Kyrgyzpatent have the right to request the supplementary materials from the applicant, as it’s impossible  to carry out the examination and as well as an amended claim without supplementary materials.

The supplementary materials at the request of examination must be provided in two months from the receiving date of request and without changing the essence of the invention.

            In case if the applicant is not providing the requested materials within the time specified or petition on prolongation of established time, the application shall be recognized as withdrawn.

For the supplementary materials in part changing the essence of invention subsisting the procedure, established by parts 11 and 12 of this article and by parts 4 and 5 of the article 23-2.

If in the result of the application examination, the Kyrgyzpatent establishes that the claimed proposal in volume of legal protection requested by the applicant meets the conditions of invention patentability, shall be stated the patent decision with the claims proposed and agreed with the applicant.

In establishing the inconsistency requested by the applicant of the claimed proposal in a volume of legal protection to the patentability conditions of the invention will be stated a decision on refusal of patent.

The applicant may Appeal to the Board an objection for decision of the examination on essence about patent refusal within three months from the date of its receipt.

 If the applicant disagrees with the decision of the Appeal Board, he may file a claim in court within six months from the date of its receipt.

The applicant has a right to review all materials, specified in a decision of the examiner. The copies of the patent documents requested by the applicant shall be sent by the Kyrgyzpatent within one month from the receiving date of the request.

A timeframe specified by the articles 23-1, 23-2 and this article except of duration stipulated by the part 15 of the article 23-2 and part 9 of this article missed by an applicant can be recovered by the Kyrgyzpatent in acknowledgement of available valid reasons and payment of the fee.

Petition on restoration of period can be submitted by the applicant not later than 12 months from the date of missed deadline.

The applicant and Third Parties are eligible to apply on holding information search on application for invention to define the technical level, in comparing with invention patentability assessment realization. The procedure of information search and furnishing information on it defines by the Kyrgyzpatent.

 (As amended by the Law of the Kyrgyz Republic of  February 27, 2003, No.46, December 6, 2006 No. 200)

Article 25. Examination of the Application for a Utility Model

According to the application for utility model the Kyrgyzpatent conducts a formal (patent) and preliminary examination. In leading the examination of patent application for utility model are applicable provisions in appropriate manner, containing in article 23-1 of this Law.

In conducting preliminary examination of the application for a utility model shall apply accordingly the provisions contained in the first to tenth, thirteenth to fifteenth article 23-2 and parts of the eleventh to the thirteenth article 24 of this Law.

According to the application for utility model passed preliminary examination with positive results, stated decision on patent issuance for utility model and patent will be issued under the responsibility of the applicant.

 (As amended by the Law of the Kyrgyz Republic of February 27, 2003 No. 46, December 6, 2006 No. 200)

Article 26. Conversion of Applications

Before the publishing of information for invention, the applicant has the right to modify it into the application for utility model by submission of appropriate statement not later than the patent decision received date.

Conversion of application for utility model into the application for invention at the request of the applicant is able till the date of receipt of the patent decision by the applicant.

The priority and initial application filing date are will be kept in specified conversions.

 (As amended by the Law of the Kyrgyz Republic of February 27, 2003 No.46)

Article 27. Examination of Industrial Designs Application 

Kyrgyzpatent shall conduct formal and preliminary examination upon the application for industrial design. 

Upon request of the applicant, which might be submitted simultaneously with the application filing or within twelve months since the date of filing, the application consideration may be arranged with or without substative examination. If the request was not submitted within the said terms, the application shall be recognized as withdrawn.

During preliminary examination of the application for industrial design the provision stipulated in the Article 23-1 of this Law shall be applied as appropriate.

During preliminary examination of the application  Kyrgyzpatent within four months shall check the compliance of established requirements to the content of the application documents, compliance of the claimed industrial design to the conditions of patentability according to provided materials of the application by the applicant, fund of granted titles of protection of Kyrgyzpatent, non-withdrawn applications with earlier priority, establish priority of industrial design and shall check the compliance of an application to the requirements of industrial design unity.

During preliminary examination of the application for an industrial design, the provisions of paragraphs 3-15, 18 of Article 23-2 of this Law shall be applied as appropriate.

On the request applicant or third parties, Kyrgyzpatent within twelve months since the date of the request submission shall conduct the substantive examination of the application. An applicant shall be notified about submitted requests by the third parties.

During the substantive examination of an application, provisions of paragraphs 2-13 of Article 24 of this Law shall be applied as appropriate.

(As amended by the Law of the Kyrgyz Republic of February 27, 2003 # 46)

Article 28. Registration of the Industrial Property Subject Matters, Publication of the Information on Granting Patent and Granting Patents

After the taken decision to grant a patent, upon payment the fee for registration and granting patent, Kyrgyzpatent shall register in the State Register of Inventions of the Kyrgyz Republic, the State Register of Utility Models of the Kyrgyz Republic or the State Register of Industrial Designs of the Kyrgyz Republic the invention, utility model or industrial design respectively, publish information on granting patent in the Official Bulletin and grant a patent to person in whose name it was requested   

Where protection is sought by several persons, only one patent shall be granted.

The document certifying the payment of fee for the registration and granting a patent shall be provided within two months since the date of the receipt by applicant a decision to grant a patent or within three months after the date of expiration of mentioned two-month-period upon payment of additional fee.

In the event the document certifying payment of the fee for registration and grant of the patent is not provided in accordance with the applicable procedures, registration of the industrial property subject matter, publication and grant a patent shall not be carried out and the application shall be considered as withdrawn.

Kyrgyzpatent shall determine the list and completeness of the information published in the Official Bulletin.

After publication of the information on granting a patent, any person shall have the right to take a look at the application materials.

Kyrgyzpatent shall establish the patent form and certificate of author, as well as the composition of the information indicated in it.

In case of finding obvious and technical errors, upon request of a patent owner and an author, Kyrgyzpatent shall make appropriate corrections to the granted patent without payment of the fee.

An author of the industrial property subject matter, who is not a patent owner, upon request, Kyrgyzpatent shall issue a certificate of the author.

(Version of the Law of the Kyrgyz Republic of February 27, 2003 # 46, of January 25, 2013 # 8)

Article 29. Publication of the Information on Registration of the Industrial Property Subject Matters   

Excluded in accordance with the Law of the Kyrgyz Republic of February 27, 2003 # 46

Article 30. The Grant of Patents

Excluded in accordance with the Law of the Kyrgyz Republic of February 27, 2003 # 46

Section VI
LAPSE AND RENEWAL OF PATENT

(Title of the section in the edition of the Law of the Kyrgyz Republic of January 25, 2013 #8)

Article 31. Dispute of Patents

Within the whole period of its validity a patent may be considered invalid in full or in part, due to the objection against its granting in the following cases:

1) the protected solution does not meet requirements of patentability as provided by this Law;

2) the formula of the invention, utility model or the list of the essential features of the industrial design contain features missing in the initial documents of the application;

3) author (authors) or their owners have been incorrectly indicated in the patent.

A person who filed an objection shall give his/her reasons for it and submit a document certifying payment of a fee.

An objection against the grant of a patent on the grounds provided in points 1) and 2) of this Article shall be considered by the Appeal Board within the term of six months after the date of its receipt; the patent owner shall be get acquainted with the objection.

A person who filed an objection and the patent owner may participate in its consideration. In this case, the Appeal Board shall not go beyond the reasons, contained in the objection against the grant of a patent.

Should the applicant not agree with the decision of the Appeal Board on the objection against the grant of a patent, any of the parties may, within the period of six months from the date of making a decision, file an appeal with court.

Article 32. Invalidation and Termination of Patents

The patent shall be invalidated in full or in part on the grounds of the Appeal Board decision or the court decision entered into effect.

The period of patents validity shall be terminated, if:

1) the period of a patent validation provided in accordance with this Law is expired;

2) the fee for patent maintenance is not paid from the established term for payment of patent maintenance;

3) on the basis of a claim filed by the patent owner with Kyrgyzpatent, if the refusal does not violate interests of the third parties - from the date of publication information in the Official Bulletin of Kyrgyzpatent on previous cessation of patent in connection with patent owner claim. 

Kyrgyzpatent shall publish information on fully or partly invalidated patents, and on terminated patents in the Official Bulletin.

(Version of the Law of the Kyrgyz Republic of February 27, 2003 # 46)

Article 32-1. Restoration of Patent. Right of Post-grant Use 

If the patent for invention was terminated due to non-payment within the established term the maintenance fee of the patent and the term of the patent has not expired, then at the request of its owner, the effect of such patent can be restored under condition that the unpaid maintenance fee and the fee for submission such request are paid in the established amount. 

Kyrgyzpatent shall publish the information on the restoration of the patent for an invention in the Official Bulletin.

Any individual or legal person who is from the moment of termination of the patent of the invention until the date of its restoration, in accordance with part 1 of this Article, had begun using in the territory of the Kyrgyz Republic such solution or made necessary preparations for it, shall retain the right to its subsequent free use without expanding the scope of such use (right of post-grant use).

(Version of the Law of the Kyrgyz Republic of January 25, 2013 # 8)

Section VII

Rights and Privileges of the Authors and Patent owners

Article 33. Rights and Privileges of the Authors

The author has the right to assign his name or special name to the industrial property subject on statement at any stage of consideration of the application.

Authors of the most important and widely used inventions can be nominated for honorary title as “Honored Inventor of the Kyrgyz Republic “.

Article 34. State stimulation for Creation and Exploitation the Industrial Property subject matters

In order to stimulate the research and technology advancement, strengthening the intellectual potentials of the Kyrgyz Republic, assisting in the development of technical and art creation and as well as creating and using of industrial property subject matters under the Kyrgyzpatent have been created The State Fund of Intellectual Property of the Kyrgyz Republic (hereinafter referred to as the State Fund).

On behalf of the government the state fund is liable accrue the right of patent owner for the patented Industrial property subject matter in a purpose of further their implementation in the interests of the state.

The state fund carries out its activities in accordance with the provision, aproved by the Kyrgyzpatent.

Financing Sources of the State Fund are funds of the Republican budget, deductions from the patent fees, fees, revenues from activities of the Fund and other revenues.

The state stipulates the preferential taxation for authors and business entities for using of industrial property subjects, and also provides them with other rights and benefits in accordance with the legislation of the Kyrgyz Republic.

Section VIII

Protection of the rights of patent owners and authors

Article 35. Consideration of disputes by the courts

Disputes relating to the application of this Law are considered in the order established by the legislation of the Kyrgyz Republic.

The courts are considering the following disputes according to their competencies:

1) on authorship to the industrial property subject matter;

2) on issuance of patent;

3) on determining the patent owner;

4) on compulsory licensing;

5) on vilation of exclusive rights for using of protected industrial property subject matter and other property right of the patent owner;

6) on conclusion and execution of licensed contracts for using of the protected industrial property subject matter;

7) on right of prior use;

8) on remuneration payment by the employer to the author in accordance with the contract,  specified in the first section and in article 10 of this Law;

9) other disputes, related to the right protection.

Article 36. Liability for Infringement of the Author’s Rights

Appropriation of the authorship, coercion for co-authorship, illegal disclosure of information on intellectual property subject matter will involve the responsibility as provided by the Kyrgyz Republic Legislation

Section IX
Final Provisions

Article 37. Patent Fees

The filing an application for patent grant for industrial property subject matters, examination and granting patents for industrial property subject matters, maintenance, extension of patent term and also carrying out any legal acts shall be subject to collecting fees. A list of acts for which fees are payable, the amount and time of payment thereof, as well as grounds for exemption from, reduction of or reimbursement of a fee shall be determined by the Government of the Kyrgyz Republic.

The fee shall be paid to Kyrgyzpatent by the applicant, patent owner or any individual or legal entity in agreement with them.

All funds accumulated in the account of Kyrgyzpatent in the form of fees, including foreign currency payment for services and materials shall be used by Kyrgyzpatent for technical infrastructure, creation and exploitation of an automated system, compilation of the Fund of patent information, training and stimulation of the personnel.

See:

Regulations on fees for the patenting of inventions, utility models, industrial designs, registration of trademarks, service marks, appellations of origin, the right to use names, the appellations of origin (approved by the Degree of the Kyrgyz Republic of June 12, 1998 #346)

Article 38. Patenting of the Industrial Property Subject Matter in the Foreign Countries

Filing of applications to foreign countries for the industrial property subject matters created in the Kyrgyz Republic shall be exercised after expiration of three months as of the date of file of an appropriate application with Kyrgyzpatent.

In the necessary cases, Kyrgyzpatent may allow patenting of the industrial property subject matters in foreign countries earlier than the indicated term, after the examination in established order by Kyrgyzpatent of an application for the presence of information classified as a state secret.    

In the event of filing of an application to foreign countries or international organizations for the industrial property subject matter created in the Kyrgyz Republic, with violation of the order established by the present Article, the protection document for this industrial property subject matter shall not be granted in the Kyrgyz Republic.

Article 39. Rights of Foreign Individuals and Legal Entitles

Foreign individuals and legal entities shall enjoy the rights provided in this Law and other normative legal acts related to the legal protection of the industrial property subject matters on an equal basis with individuals and legal entities of the Kyrgyz Republic on the basis of international agreements of the Kyrgyz Republic or on the basis of reciprocity.

Stateless individuals residing in the Kyrgyz Republic shall enjoy the rights provided by this Law and other acts related to the legal protection of the industrial property subject matters on equal basis of individuals and legal entities of the Kyrgyz Republic, unless otherwise follows from this Law and other acts of the legislation of the Kyrgyz Republic.

Article 40. International Treaties

If an international treaty of the Kyrgyz Republic establishes rules other than those contained in this Law, the rules of the international treaty shall be applied.

Article 41. Transitional Provisions

In accordance with amendments made into this Law related to transition to unified protected document (patent) the following shall be established:

1) regarding applications for grant of preliminary patent of the Kyrgyz Republic for invention or industrial design, which were filed before entering into effect of the Law providing the transition to unified protected document (patent), the applicant has a right to submit a request for granting patent of the Kyrgyz Republic for invention or industrial design with the substantive examination or for granting patent under applicant’s responsibility, provided that appropriate fees are paid. If the applicant does not take appropriate measures, the application shall be deemed withdrawn;

2) on effective preliminary patents of the Kyrgyz Republic for invention or industrial design, on which five-year-period since the date of application filing is not expired before entering into effect of the Law providing transition to unified protected document (patent), the owner of preliminary patent has a right to submit a request on granting patent of the Kyrgyz Republic for invention or industrial design with substantive examination. In case of absence of such request, preliminary patent of the Kyrgyz Republic shall be reregistered for the patent of the Kyrgyz Republic under the applicant’s responsibility for remained terms;

3) preliminary patents of the Kyrgyz Republic in force for invention or industrial design, upon which five-year-period since the date of application filing is expired before entering into effect of the Law providing transition to unified protected document (patent), shall be reregistered as patents of the Kyrgyz Republic under the applicant’s responsibility for remained terms;

4) regarding applications for granting of the certificate of the Kyrgyz Republic for utility model filed before entering into effect of the Law providing transition to unified protected document (patent), the decision on granting patent of the Kyrgyz Republic for utility model is made, provided that all appropriate fees are paid;

5) effective certificates of the Kyrgyz Republic for utility models shall be reregistered as the patent of the Kyrgyz Republic for utility model.

Kyrgyzpatent shall determine the terms and order of above-mentioned procedures.

(Version of the Law of the Kyrgyz Republic of February 27, 2003 # 46)

Article 42. Entering into effect of the present Law

The Patent Law of the Kyrgyz Republic enters into effect since the moment of its publication. (“Erkin-Too” of  February 4, 1998 #10-11).

President of the Kyrgyz Republic

 

Askar  Akaev

 

 

 

Adopted by the Legislative Assembly of the Jogorku Kenesh of the Kyrgyz Republic

 

December 16, 1997

Links

 

 

Statistics

By October 31, 2017 the following IP subject matters are protected in the territory of the Kyrgyz Republic:

Inventions

5120

Utility Models

39

Industrial Designs

6084

The trademarks registered on national procedure

10191

The trademarks registered on the international procedure in the ROMARIN base

43672

Contacts

Kyrgyzpatent
Moskovskaya street 62,
Bishkek 720021
Kyrgyz Republic
Telephone: +996 (312) 68 08 19
Fax: +996 (312) 68 17 03
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Account details

Kyrgyz Investment and Credit Bank
Department for Control of Major Taxpayers: 999
Individual Tax Number: 01506199310061
Bank Identification Code: 128001
Account: 1280010007085284

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