LAW OF THE KYRGYZ REPUBLIC

of March 23, 2023 No. 69

Patent law

Accepted by Jogorku Kenesh of the Kyrgyz Republic on February 8, 2023

Chapter 1. General provisions

Article 1. Patent legislation

1. This Law according to the Constitution of the Kyrgyz Republic and the Civil code of the Kyrgyz Republic regulates the property, and also related personal non-property relations arising in the territory of the Kyrgyz Republic in connection with creation, legal protection and use of inventions, useful models and industrial designs.

2. Legal protection of the inventions, useful models and industrial designs recognized by the state confidential is regulated by the legislation of the Kyrgyz Republic on confidential inventions.

The relations arising in connection with creation by the worker of the invention, useful model, industrial design in case of accomplishment of the service duties by it or the specific task received from the employer, are regulated by the legislation of the Kyrgyz Republic on employee inventions, office useful models, office industrial designs.

3. If the international treaty which became effective according to the legislation of the Kyrgyz Republic provides other rules, than those which contain in this Law then are applied rules of the international treaty.

4. On basis and in pursuance of this Law regulatory legal acts of the Cabinet of Ministers of the Kyrgyz Republic, and also acts of authorized state body of the Kyrgyz Republic in the field of intellectual property can be adopted.

Article 2. The basic concepts used in this Law

In this Law the following concepts are used:

1) the owner of the patent - person addressed to whom the patent for the invention or useful model, or industrial design is granted;

2) business management with authorized state body - application for the invention, useful model or industrial design, petitions, conducting correspondence on the request, and also accomplishment of the actions for acquisition and the order provided by this Law the rights;

3) date - day, month, year;

4) Eurasian patent convention - The Eurasian patent convention of September 9, 1994;

5) the Eurasian request - the request for receipt of the Eurasian patent for the invention submitted according to Article 15 (1) the Eurasian patent convention, and the request for receipt of the Eurasian patent for industrial design according to article 13 of the Protocol on protection of industrial designs to the Eurasian patent convention of September 9, 1994;

6) the applicant - physical person or legal entity addressed to which the patent for the invention, useful model or industrial design is asked;

7) the request - the request for receipt of the patent for the invention, useful model or industrial design;

8) exclusive right - property rights of the owner of the patent for use of the patent for the invention, useful model, industrial design at discretion any unrepugnant to the legislation by method;

9) the international request - the application submitted according to the Contract on patent cooperation (RUTI) with observance of rules, the stipulated in Article 22 above of the agreement;

10) Parisian convention - The Parisian convention on protection of industrial property of March 20, 1883;

11) the patent agent - the physical person certified and registered in accordance with the established procedure in the State register of patent agents of the Kyrgyz Republic according to the legislation of the Kyrgyz Republic on patent agents;

12) the representative - physical person, authorized to represent the interests and the rights of the applicant, the owner of the patent or other interested person in authorized state body in the field of intellectual property;

13) RUTI (Patent Cooperation Treaty) - The agreement on patent cooperation (RUTI) of June 19, 1970;

14) the consent/permission - the written transaction made by the owner or person authorized by it, allowing the third parties is lawful to use the patent for the invention, useful model, industrial design;

15) legally significant actions - actions for application for patent grant for the invention, useful model, industrial design, conducting examination, introduction of corrections, amendments and amendments, prolongation of term of reply to the request, giving of objection, recovery of the passed term, registration, the publication, issue of the certificate and its duplicate, maintenance of the patent for the invention, useful model in force, prolongation of the patent for industrial design, conducting early examination, introduction at the initiative of the applicant of changes into request materials, application for registration of the agreement on the order exclusive right on result of intellectual activities, recovery of the expired effective period and other actions attracting for person of effect who made them according to this Law.

Article 3. Authorized state body of the Kyrgyz Republic in the field of intellectual property

1. The authorized state body of the Kyrgyz Republic in the field of intellectual property (further - authorized state body) according to this Law performs single state policy in the field of provision of legal protection to inventions, useful models, industrial designs, accepts requests for inventions, useful models and industrial designs, carries out their expertize, state registration, grants patents, performs the official publication and other functions according to the provision approved by the Cabinet of Ministers of the Kyrgyz Republic.

2. The authorized state body performs management of patent fund, provides its storage and completing by exchange with the international organizations and foreign patent authorities.

3. Under authorized state body Appeal council which is obligatory primary body for consideration of the disputes arising in connection with creation, legal protection and use of inventions, useful models and industrial designs according to its competence is created. The procedure for consideration of objections by Appeal council is established by the Cabinet of Ministers of the Kyrgyz Republic.

4. For the purpose of stimulation of scientific and technical development, strengthening of intellectual potential of the Kyrgyz Republic, assistance to development of technical and art creativity, and also creation and use of inventions, useful models and industrial designs under authorized state body the State fund of intellectual property of the Kyrgyz Republic is created (further - the State fund).

5. The state fund has the right to acquire on behalf of the state the rights of the owner of the patent for patented inventions, useful models and industrial designs for the purpose of their further implementation and use for the benefit of the state.

6. The state fund performs the activities according to the provision approved by the Cabinet of Ministers of the Kyrgyz Republic.

Article 4. Patent fee

1. For application for patent grant for inventions, useful models and industrial designs, conducting examination and patent grant for inventions, useful models and industrial designs, their maintenance in force, prolongation of term of their action, and also making of other legally significant actions patent fee is collected (further - duty).

2. The list of actions for which making the duties are collected the size and payment due dates of duty, and also basis of release from its payment, reduction of the size or return are established by the Cabinet of Ministers of the Kyrgyz Republic.

3. The duty is paid to the republican budget by the applicant, the owner of the patent or under the agreement with them any physical persons or legal entities.

Article 5. Calculation and suspension of terms of legally significant actions

1. The terms of making of legally significant actions established by this Law are estimated according to rules of calculation of the terms established by the civil legislation of the Kyrgyz Republic.

2. The terms of making of legally significant actions by authorized state body established by this Law stop:

1) if making of legally significant action was interfered by emergency state (natural disasters, catastrophic crashes, major accidents, epidemics);

2) before receipt of necessary documents from the applicant, including answers to notifications and requests, confirming payment of duty, except as specified when other effects of non-presentation of such documents are established by this Law.

3. About emergence of the circumstances specified in part 2 of this Article, the authorized state body notifies the applicant, the owner of the patent or other interested person.

4. Suspension of term begins from the date of, the direction of the adequate notice following behind day.

5. The current of term proceeds from the date of the termination of the circumstance which formed the basis for its suspension. The notification on the beginning of continuation of term goes to the applicant, the owner of the patent or other interested person according to article 6 of this Law.

6. In the cases provided by this Law, terms for making of legally significant actions by applicants, can be recovered by owners or other interested persons.

Calculation of term for making of legally significant actions begins with date of recovery of their term.

Article 6. Procedure and terms of the direction of notifications, requests and decisions of authorized state body

1. The notifications provided by this Law, requests, decisions of authorized state body go to the applicant, the owner of the patent, other interested person by mail either e-mail, or otherwise.

2. The term of sending notifications, requests and decisions of authorized state body constitutes no more than 3 working days after adoption of this decision.

The applicant, the owner of the patent, other interested person can personally receive the notification, request and the decision in authorized state body.

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