New Plant Varieties and Animal Breeds

– Law on Selection Achievements of June 13, 1998, with amendments as of February 27, 2003, March 31, 2005, August 8, 2006 and January 12, 2015.

Membership in International Conventions

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since June 26, 2000.

Filing

Applicant: individuals or legal entities.

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

Kinds of protection: new plant varieties and animal breeds which belong to botanical and zoological genus and species protected in the Kyrgyz Republic.

Priority: within twelve months, if there is a special agreement between country of the first filing and the Kyrgyz Republic.

Territory covered: the Kyrgyz Republic.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization): date, place, applicant’s name and address, signatory’s position are required;
2. Description of new plant variety or animal breed (technical questionnaire);
3. Photos of new plant variety or animal breed;
4. Documents about testing of new plant variety or animal breed conducted by applicant;
5. Priority document, if any;
6. Payment of the official filing fee (must be paid before filing, prepayment without time limit, and receipt submitted).

Examination Procedure

Examination: a formal examination and a complete examination.

The formal examination is carried out within two months after the filing date and comprises checking the formal requirements.

The complete examination is carried out by special organizations after the completion of the formal examination. The complete examination comprises examination on novelty and testing on differentia, homogeny and stability. As a result of the complete examination, the special organizations will issue either a granting or a refusal decision. Kyrgyzpatent will notify the applicant of the examination results.

Amendments and corrections: voluntary amendments or formal corrections may be filed within two months from the filing date. Amendments are also accepted during the entire examination period.

Appeal: possible against a negative decision of the Kyrgyzpatent Examining Department, before the Appeal Board, within a three-month term of the decision date. If still negative, appeal to the court can be lodged, within six months from the date of the Appeal Board Decision.

Granting

Granting decision: issued after the complete examination, if the patentability (differentia, homogeny and stability) and novelty requirements are met.

Publication: in the Kyrgyzpatent Gazette, upon payment of a fee.

Duration: twenty-five years from the registration date for all patents.

Extension: not available.

Annuities: the first year of protection is paid with the granting fees. Subsequent periods counted from the registration date are paid annually within the last months prior to the expiration date.

Annuity grace period: six months.

Modification of Protection after Granting

Opposition: may be presented by any physical or legal person within six months of publication in the Kyrgyzpatent Gazette.

Invalidation: possible, based on unlawful grant of a patent during the whole life of the patent.

License: must be registered, but may be recorded only after issuance of a granting decision or a patent.

Assignments: must be registered with Kyrgyzpatent.

Infringement: penal provisions provided.