Industrial Designs

– Patent Law of February 4, 1998, with amendments as of July 25, 2002, March 7, 2003, December 6, 2006, January 25, 2013, April 10, 2015 and May 26, 2018.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), as of December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of December 25, 1991.
– Locarno Agreement Establishing an International Classification for Industrial Designs, as of December 10, 1998.
– WTO’s TRIPS Agreement, as of December 20, 1998.
– Hague Agreement Concerning the International Registration of Industrial Designs, as of March 17, 2003, and Geneva Act as of December 23, 2003.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2011.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; must appoint a Kyrgyz agent.

Kinds of designs: industrial designs (or combinations thereof) that are new and original.

Novelty: the essential features of a new design must not be known in the world before the priority date.

Not registrable: designs resulting from the technical function of the article; which are contrary to the public interest or morality; those related to structural forms, with the exception of minor architectural forms; printing products as such; articles having unstable shape, such as liquids, gaseous or bulk substances.

Priorities: according to the Paris Convention; an application claiming priority must be submitted within six months from the earliest filing date.

Territory covered: the Kyrgyz Republic.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Photographs and drawings;
3. Specification of the design;
4. Priority document (if any).

Electronic filing: not available. 

Electronic signatures: are not accepted (only wet signatures). The submission of signed scanned copies of documents is accepted, the original should be submitted later.

Examination Procedure

Examination: formal, preliminary and substantive examinations. At the petition of the applicant, which can be filed with Kyrgyzpatent within twelve months from the date of filing, consideration of the application can be carried out with or without a substantive examination.

The substantive examination is carried out within twelve months of the filing date on the applicant’s petition.

Amendments and corrections: possible; voluntary within two months, as well as during the examination (if no essential modifications are introduced).

Publication: after the issuance of the granting decision, the particulars of the design are entered into the Register and published in the Kyrgyzpatent Gazette.

Granting and Protection

Granting decision: if the substantive examination is favorable, Kyrgyzpatent issues a decision granting a patent. The particulars of the patent are entered into the Register and published in the Kyrgyzpatent Gazette. A negative decision may be appealed by the applicant at the Kyrgyzpatent Appeal Board within a three-month term.

License rights, opposition and invalidation are regulated in the same manner as for “patents“.

Duration: ten years from the filing date.

Extension: possible for an additional five-year period.