Patents of Invention

– 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.
– Patent Cooperation Treaty (PCT), as of December 25, 1991.
– Eurasian Patent Convention, as of January 13, 1996.
– WTO’s TRIPS Agreement, as of December 20, 1998.
– Strasbourg Agreement Concerning the International Patent Classification, as of September 10, 1999.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, as of May 17, 2003.
– Patent Law Treaty, since April 28, 2005.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since July 31, 2011.

Filing

Applicant: the inventor or his legal successor.

Foreigners: must appoint a local agent in the Kyrgyz Republic.

Protection of foreigners: they enjoy the same rights as Kyrgyz nationals.

Kinds of protection: patents and “patents under the responsibility of the applicant” (preliminary patents).

Patents: can be granted for devices, methods/processes, substances, strains of microorganisms, cells of plant and animal, for a new use of a known device, process, substance or strain.

Patentability: a patent is granted for an invention which is new, has an inventive level and is industrially applicable.

Novelty: the claimed invention should not have been made available in Kyrgyzstan or abroad to the public by publication, exhibition, demonstration or use, or be obvious to persons skilled in the art.

Novelty grace period: twelve months (for the inventor).

Exception to protection: discoveries, scientific theories and mathematical methods, methods of economic organization and management, conventional signs, schedules and rules, rules and methods for performing mental acts, organization of games, algorithms and computer programs as such, solutions consisting of only providing of information, projects and plans for structures, buildings and for land developments; computer programs as such; topographies and integrated circuits, plant varieties and animal breeds, proposals that are contrary to the public interest, principles of humanity, or morality.

Unity of the invention: an application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.

Priorities: according to the Paris Convention, within twelve months.

Extension of the Conventional term: if an application claiming the Conventional priority could not be filed within twelve months, the term may be extended for two further months.

Territory covered: the Kyrgyz Republic.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (no legalization);
2. Specification and abstract (to be translated into Russian or Kyrgyz);
3. Formula and drawings;
4. Priority document, if priority is claimed, to be filed within four months of the filing date.

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.

PCT applications: time limit for entering national phase under both Chapter I and Chapter II: 31 months. If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II).

Examination Procedure

Examination: formal, preliminary and substantive.

The formal examination is carried out within two months after the filing date and comprises checking the formal requirements. As a result of the formal examination Kyrgyzpatent issues a decision refusing protection, or the notification of acceptance of the application for further consideration.

The preliminary examination is carried out within ten months and comprises checking the unity of the invention, the establishment of its priority and of its national novelty in Kyrgyzstan. As a result of the preliminary examination, Kyrgyzpatent issues a decision granting a patent under the responsibility of the applicant (preliminary patent) or refusing the application. A negative decision may be appealed by the applicant at the Kyrgyzpatent Appeal Board within a two-month term. At the request of the applicant, a petition can be filed with Kyrgyzpatent within thirty months from the filing date; further consideration of the application can be carried out with or without a substantive examination. After the expiration of eighteen months from the application date, or from the priority date (if the priority is claimed), Kyrgyzpatent publishes the information about the application in the Kyrgyzpatent Gazette (except for cases when the application is withdrawn), and the decision accepting or refusing the preliminary patent is issued.

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

Amendments to the application: voluntary amendments may be submitted to Kyrgyzpatent within two months after the filing date, or during the entire period of the formal, preliminary and substantive examination; additional materials extending or changing the subject matter of an application are not accepted.

Divisional application: may be filed during the preliminary or substantive examination if the requirements regarding the unity of the examined invention are not met; a divisional application retains the priority of the basic application.

Granting

Granting decision: issued after the substantive examination, if the patentability and novelty requirements are met. A negative decision may be appealed by the applicant before the Kyrgyzpatent Appeal Board within a three-month term.

Publication: the particulars of the patent are entered into the Register and published in the Kyrgyzpatent Gazette.

Duration: twenty years from the filing date.

Extension: no longer available.

Annuities: are due beginning with the third annuity. 

Recovery of the validity of patents: if validity of patent for invention was terminated due to lack of payment of maintenance fee in due time and if the term of protection has not expired, validity of such patent can be recovered by Kyrgyzpatent upon filing of an appropriate request and payment of unpaid maintenance fee(s) and the fee for filing such request.

Modification of Protection after Granting

Opposition: not regulated.

Invalidation: a request for invalidation or nullification may be filed by any person during the entire period of the validity of a patent or a patent under the responsibility of the applicant (preliminary patent). The patent is declared void completely or partially on the basis of the decision of the Appeal Board or the enforced court decision.

Assignments: must be registered with Kyrgyzpatent.

Licenses and pledge agreements: must be registered.

Compulsory license: may be granted in case of non-working during three years from the patent granting date.

Infringement: penal provisions provided.