Peculiarities of patenting in Kyrgyz Republic

The source: The law of the Kyrgyz Republic "On patents"

Adopted on December 12, 1997

1. The subjects of patenting are:

* device;

* method;

* substance;

* stem of microorganism;

* cells and plants;

* new methods of use of open inventions.

Programs for electronic machines, databases and selective achievements (kinds of plants and species of animals) are protected by special Laws of the Kyrgyz Republic.

2. A patent application or industrial design application must be filed with request, which may be filed together with the application or within thirty months after the application filing date, to carry examination the application with a substantive examination or without it. If the examination is carried without the substantive examination, the Patent will be granted under the applicant responsibility.

a. Patent on an Invention is valid for a term of twenty years from the date of filing. Patent is issued upon the positive results of examination.

b. Patent on an industrial design is valid for a term of ten years from the date of filing with the opportunity to extend the term for the next five years.

3. An application for a patent should include:

* Petition for issuing the patent (in Russian) - in three copies;

* Claims of the invention and the list of substantial features of the design (in Russian and Kyrgyz languages);

* The full name and address of the applicant (in Russian and Kyrgyz languages);

* The information about authors (co- authors), citizenship (in Russian);

* Description of the invention or the industrial design (in Russian) - in three copies;

* Schemes or other materials - in three copies;

* Essay;

* The certified copy of the first application, if priority is claimed (the original document must be filed together with the translated into Russian language version);

* The executed Power of Attorney to the Patent Attorney.

4. Priority is established on the date of filing the application with the Kyrgyzpatent. An applicant has the right to claim for a priority of the first application in any country - member of the Paris Convention but no later than:

      12 months for invention;

      6 months for designs.

The right of priority can be claimed on the basis of several earlier applications.

An International Patent Application PCT is to be entered into the national Phase within 30 months.

5. Examination of inventions include three stages:

* formal examination;

* preliminary examination;

* eligibility for patenting.

6. Formal examination lasts two months. During this period an applicant has the right to file documents, amendments and articles, on the condition, that original basis of the application is stayed unchanged. Formal examination checks the completion of the filed documents and its accuracy.

7. Upon completion of the formal examination commences the period of preliminary examination and lasts within ten months. It checks eligibility for patenting of the invention on the database of the Kyrgyz Republic. During preliminary examination some auxiliary documents can be requested.

8. On the positive decision of preliminary examination is issued a decision to grant a Patent (under the Applicant responsibility) if the Request to examine the application without the substantive examination.

9. If the Request to examine the application with the substantive examination then the substantive examination is to be carried within eighteen months.

10. The applicant has the right during two months term to appeal the decision of the examination to the Appellate Council of the Kyrgyzpatent.

Should the applicant be not satisfied with the decision of the Appellate Council of the Kyrgyzpatent, he can lodge the matter to court.

11. A patent during the whole term of its validity may be restricted in full or in part.

12. A decision to restrict the validity of the patent is carried on by the Appellate Council of the Kyrgyzpatent. Appellate Council settles the matter, when the legally interested party files the opposition and proved arguments of unlawful protection of the invention.

13. Should the holder of the patent, opposed party or a third party be not satisfied with the decision of the Appellate Council of the Kyrgyzpatent he can lodge the matter to court, but no later than six months after the decision of the Appellate Council.

14. Maintenance of a patent is made during the last two months of the paid year. Payment of the annual fee can be made in late terms, but no later than six months and on the condition of payment of the extra fee in the established amount.

Proceeding of any juridical important move provides payment of fees. Fee rates are given in the chapter "Charges"


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