of August 22, 2024 No. 485
About approval of Rules of creation, giving and consideration of the request for patent grant on the invention, Rules of creation, giving and consideration of the request for patent grant for industrial design, Rules of creation, giving and consideration of the request for patent grant for useful model
For the purpose of realization of part 3 of article 47 of the Law of the Kyrgyz Republic "Patent law", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve:
1) Rules of creation, giving and consideration of the request for patent grant on the invention according to appendix 1;
2) Rules of creation, giving and consideration of the request for patent grant on industrial design according to appendix 2;
3) Rules of creation, giving and consideration of the request for patent grant on useful model according to appendix 3.
1) the order of the Government of the Kyrgyz Republic "About approval of Rules of creation, giving and consideration of the request for patent grant on the invention, Rules of creation, giving and consideration of the request for patent grant for industrial design, Rules of creation, giving and consideration of the request for patent grant for useful model, Rules of creation, giving and consideration of the request for registration of the trademark and service mark" of October 27, 2011 No. 685;
2) the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic in the field of intellectual property" of April 1, 2013 No. 163;
3) Item 6 of the order of the Government of the Kyrgyz Republic "About modification and amendments in some decisions of the Government of the Kyrgyz Republic" of May 20, 2014 No. 263.
3. This resolution becomes effective after ten days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix 1
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 22, 2024 No. 485
1. These rules are developed according to article 1 of the Law of the Kyrgyz Republic "Patent law" and determine procedures for creation, registration and consideration of the request for patent grant on the invention.
2. In these rules the following concepts are used:
1) business management with authorized state body (further - Kyrgyzpatent) - application for the invention, petitions, conducting correspondence on the request, and also accomplishment of the actions for acquisition and the order provided by the law the rights;
2) state register - State register of inventions of the Kyrgyz Republic;
3) the international treaty of the Kyrgyz Republic - the international treaty which entered in the procedure established by the law and other regulatory legal acts of the Kyrgyz Republic force which participant is the Kyrgyz Republic, representing the equitable and voluntary agreement of the Kyrgyz Republic with one or several states, the international organizations or with other subjects of international law concerning the rights and obligations in the field of the international relations;
4) MPK - International patent classification of inventions. The Kyrgyz Republic joined the Strasbourg agreement on the International patent classification of March 24, 1971 according to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the Strasbourg agreement on the International patent classification".
Other concepts used in these rules are applied in the values determined in article 2 of the Law of the Kyrgyz Republic "Patent law".
3. As the invention the technical solution in any area relating to product (the device, substance, strain of microorganism, culture of cages of plants and animals) or method (process of implementation of actions over material object by means of appliances), including to application of product or method on its new appointment is protected.
4. Subjects of the invention:
1) as to subjects of the invention designs and products belong to devices;
2) processes of accomplishment of actions over material object by means of material objects belong to methods as to subjects of the invention;
3) as to subjects of the invention treat substances:
- individual chemical compounds to which high-molecular connections and objects of genetic engineering are also conditionally referred;
- compositions (structures, mixes);
- products of nuclear transformation;
4) as to subjects of the invention treat microorganism strains, cultures of cages of plants and animals:
- individual strains of microorganism, culture of cages of plants and animals;
- consortia of microorganisms, cultures of cages of plants and animals;
5) their use according to other predistination belongs to use of devices, methods, substances, strains known earlier on new appointment as to subject of the invention;
6) the first use of the known substances (natural and artificially received) for satisfaction of public requirement is equated to application on new appointment.
5. The objects determined in part 9 of article 11 of the Law of the Kyrgyz Republic "Patent law" are not recognized inventions.
Is not recognized the circumstance influencing patentability of the invention, availability in its structure of algorithms and programs for computers if they are part of the invention.
6. The request for patent grant for the invention (further - the request for the invention) shall belong to one invention or group of the inventions connected among themselves so that they form single inventive intention (the requirement of unity of the invention).
The unity of the invention is recognized observed if:
1) in the formula of the invention having one independent Item one invention is characterized;
2) in invention formula in several independent Items the group of inventions is characterized:
- one of which is intended for obtaining (production) of another (for example, the device or substance and method of obtaining (production) of the device or substance in general or their parts);
- one of which is intended for implementation of another (for example, method and the device for implementation of method in general or one of its actions);
- one of which held for use another (in another) (for example, method and substance, held for use in method; method or device and its part; use of the device or substance on new appointment and method with their use in connection therewith appointment; use of the device or substance on new appointment and the device or composition which component they are);
- it belongs to objects of one type, the identical appointment providing the same technical result (options).
7. The terms of making of legally significant actions established by the Law of the Kyrgyz Republic "Patent law" are estimated according to rules of calculation of the terms established by the civil legislation of the Kyrgyz Republic.
So, the current of the term determined by period of time begins next day after calendar date or approach of event which determine its beginning.
The term estimated for years expires in the corresponding month and number of the last year of term.
The term estimated for months expires in the corresponding number of the last month of term.
The term determined in half-month is considered as the term estimated in the days and it is considered to equal fifteen days.
If the termination of the term estimated for months falls on such month in which there is no corresponding number, then term expires in the last day of this month.
If the last day of term falls on non-working day, the next working day following it is considered day of the termination of term.
Term is established for making of any action, it can be executed till twenty four o'clock the last day of term.
However if this action be made in the organization, then term expires in that hour when in this organization for statutory rules the corresponding transactions stop.
The written applications and notices which are handed over on mail or on telegraph till twenty four o'clock the last day of term are considered made in time.
8. The terms of making of legally significant actions by Kyrgyzpatent established by the Law of the Kyrgyz Republic "Patent law" stop in cases, the stipulated in Article 5 Laws of the Kyrgyz Republic "Patent law".
9. Calculation of the recovered terms is made according to part 6 of article 5 of the Law of the Kyrgyz Republic "Patent law".
10. Notifications, requests, Kyrgyzpatent's decisions go to the applicant, the owner of the patent, other interested person according to the procedure and the terms determined by article 6 of the Law of the Kyrgyz Republic "Patent law".
11. Properly any notification, inquiry and the decision which Kyrgyzpatent sends according to part 3 of article 6 of the Law of the Kyrgyz Republic "Patent law" are delivered.
12. Persons specified in article 15 of the Law of the Kyrgyz Republic "Patent law" have rights to application for receipt of the patent.
The inventor has the right to application and receipt of the patent in the following cases:
- if the invention is not office;
- if the invention is office, but the contract between the author and the employer provides the author's right to receipt of the patent or if the employer within four months from the date of the notification his author about the created invention does not submit the application to Kyrgyzpatent, will not assign the right to the patent to other person or will not report to the author about preserving the invention in secret.
The concession is made by the applicant of the right to the patent by filing of application in Kyrgyzpatent until registration of the invention and it is considered concession of the rights of the applicant.
Confirmation of the right to application by any document is not required.
13. The application can be submitted by the applicant directly through the patent agent or the representative.
Foreign physical persons or legal entities or their patent agents run the business connected with receipt of the patent, and also legal protection of the invention only through the patent agents registered in Kyrgyzpatenta, except for procedures, connected with establishment of date of application, payment of duties, provision of the copy of the prior request in case of purchase of conventional priority, provision of the copy of earlier submitted application, receipt of receipts and Kyrgyzpatent's notifications concerning the above-named procedures, payment of duty on maintenance of the patent in force if other procedure is not provided by the international treaty which came in the procedure established by the law into force.
14. The request shall contain:
1) the petition with indication of the author (authors) of the invention and person (persons) addressed to whom, (which) the patent, and also their residences or the location, the e-mail address and phone number, the fax is asked (in the presence);
2) the description of the invention revealing him with the completeness sufficient for implementation of the invention;
3) the invention formula expressing it essence and which is completely based on the description;
4) drawings and other materials if they are necessary for understanding of essence of the invention, including at the request of the applicant its three-dimensional model electronically;
5) paper.
15. The document confirming payment of the corresponding duty in the established size or the basis for duty relief for application or for reduction of its size which can be provided in case of application or within two months on condition of payment of additional duty is attached to the request.
In case of non-presentation of the specified document at the scheduled time the request is recognized withdrawn.
16. The drawn-up power of attorney issued to him by the applicant and certifying its powers, or properly the verified copy of the power of attorney is attached to the application submitted through the patent agent properly.
The power of attorney on representation before Kyrgyzpatent which is drawn up in the Kyrgyz Republic is made in simple written form and does not require notarial assurance. The power of attorney which is drawn up outside the Kyrgyz Republic is constituted according to the procedure and for the term, stipulated by the legislation countries of source.
Кыргызпатент signatures and/or official capacity of person which issued the power of attorney have the right to be witnessed in authenticity, at the request of Kyrgyzpatent the power of attorney shall be legalized (is apostilled) in accordance with the established procedure.
The power of attorney can be issued to the patent agent registered in Kyrgyzpatenta on representation of interests of the physical person living outside the Kyrgyz Republic or the foreign legal entity both by this person, and to the patent agent having the relevant power of attorney issued by the applicant. In the latter case both mentioned powers of attorney or them properly verified copies are represented.
The power of attorney shall answer the following conditions:
- the power of attorney is signed by the issued her face;
- the power of attorney is issued addressed to the patent agent;
- in the power of attorney the amount of powers of the patent agent shall be specified;
- in the power of attorney date of its making without which it is invalid shall be specified.
If the power of attorney is issued addressed to several patent agents, business on receipt of the patent on the request is run by any of them.
Any action of the patent agent on which he is authorized in the power of attorney is regarded as action of the applicant and has the same effects, as actions of the applicant or in relation to the applicant.
17. With purchase of conventional priority the copy of the first request submitted by the applicant in the State Party of the Parisian convention on protection of industrial property (further - the first request) which is submitted no later than 3 months from the date of submission of the conventional request to Kyrgyzpatent is attached to the request. If it is several first requests, copies of all these requests are attached.
If applicants in the conventional request and the provided copy are different, also pereustupochny act shall be provided.
In case of purchase of conventional priority according to the request which arrived after twelve months from the date of submission of the first request, but no later than 2 months after twelve-monthly term the document on payment of duty is attached to the request.
The request for establishment of conventional priority is submitted in case of application (it is provided in the corresponding column of the petition) or within two months from the date of application in Kyrgyzpatent.
18. The consent of the applicant to collection, processing, storage, transfer and the publication of its personal data in the form approved by the order of the Government of the Kyrgyz Republic "About approval of the Procedure for receipt of consent of the subject of personal data to collection and processing of its personal data, procedure and form of the notification of subjects of personal data on transfer of their personal data to the third party" of November 21, 2017 No. 759 is applied to the request, including in electronic form.
19. Materials of the request for the invention from the moment of receipt it in Kyrgyzpatent before the publication of data on the request are considered as confidential.
20. The application is submitted in the state or official language.
21. If other documents of the request, and also documents, the applications submitted during conducting examination are submitted in other language, transfer into the state or official language is applied to them. Responsibility for the accuracy of transfer is born by the applicant.
22. The documents of the request specified in Item 14 of these rules, constituted in the state or official language are represented in one copy.
23. The petition (further - the application) is submitted in the form approved by Kyrgyzpatent.
24. Columns of the statement are filled in according to the procedure, certain Kyrgyzpatenty.
25. The applicant has the right to submit the application electronically, at the same time columns of the statement are filled in with use of elements of the screen interface.
The electronic application form has variable amount of fields in this connection filling of additional sheets is not required.
Filling of the statement when giving is electronically performed according to Items 23-24 of these rules and the Instruction of the user of system of the electronic submission of requests approved by Kyrgyzpatent.
The electronic application form is signed by the strengthened qualified digital signature (further - the CAP).
26. The description of the invention shall open the invention with the completeness sufficient for its implementation.
27. The description begins with the name of the invention (and in case of establishment of heading of the current version of MPK to which the declared invention belongs, - index of this heading) and contains the following Sections:
- area of the equipment to which the invention belongs;
- equipment level;
- essence of the invention;
- the list of figures, drawings and other materials (if are applied);
- the data confirming possibility of implementation of the invention.
Replacement of the Section of the description with sending is not allowed to source which contains necessary data (to the reference, the description in earlier submitted application, to the description to the security document, etc.).
28. The name of the invention shall be short and exact, correspond to its essence and characterize purpose of object.
The name is stated in singular. The exception is constituted:
- names which are not used in singular;
- names of the inventions relating to the chemical compounds covered by general structural formula.
29. In the name of the invention relating to:
1) to individual chemical compound, its name on one of the nomenclatures accepted in chemistry joins; also specifying on its specific appointment, and for biologically active compounds - type of biological activity can be given;
2) to method of receipt of high-molecular connection of unspecified structure, the name of high-molecular connection and specifying joins if it is necessary on its appointment;
3) to method of receipt of substance - mix of unidentified structure, specifying on appointment or biologically active properties of this substance joins;
4) to strain of microorganism or culture of cages of plants and animals, the patrimonial and specific name of biological object in Latin with indication of surname (surnames) of the author (authors), the type and purpose of strain join. The name of microorganism or culture of cages of plants and animals shall be stated according to requirements of the international nomenclature;
5) to application on new purpose of the known device of method, substance, strain, it is constituted by the rules accepted for the corresponding object and characterizes new purpose of the known object;
To objects, one of which is intended for obtaining (production), implementation or use of another, the complete name of one invention and reduced - another contains 6). The name of group of the inventions relating to objects, one of which is held for use another (in another), contains complete names of the inventions entering into group;
To options, the name of one invention of group added with the word "options" specified in brackets contains 7).
30. In the name of the invention it is not recommended to use familiar names, abbreviations, trademarks and service marks, advertizing, trade and other special names, names of places of goods origin, geographical instructions, the words ", etc." and similar which do not serve the purposes of identification of the invention.
31. In the Section of the description "The area of the equipment to which the invention belongs" is specified invention scope. If it is several such areas, preferential are specified. At the same time specific purpose of subject of the invention, and not just industry is specified.
32. In the Section "Equipment Level" the prior level of the equipment in that degree in what it is known to the applicant and which can be considered useful to understanding of the invention, carrying out search and examination of the request for the invention is specified.
Data on invention analogs known to the applicant with allocation from them of analog, the closest to the invention on set of essential signs (prototype) are provided in this Section.
As analog of the invention the means of the same appointment known from the data which became public before priority date of the invention characterized by the set of signs similar to set of essential signs of the invention is specified.
In case of the description of each of analogs bibliographic data of source of information in which he is revealed, analog signs with indication of those from them which match with essential signs of the declared invention are provided, and also the reasons known to the applicant interfering receipt of required technical result are specified.
If the invention belongs to method of receipt of mix of unidentified structure with specific appointment or biologically active properties, as analog the method of receipt of mix with the same appointment or the same biologically active properties is specified.
If the invention belongs to method of receipt of new individual chemical compound, including high-molecular, or object of genetic engineering, data on method of receipt of its known structural analog are provided.
In case of the description of the closest analog of the invention relating to strain of microorganism, culture of cages of plants and animals, substance producer data on the produced substance are provided.
If the invention belongs to use of the device known earlier, method, substance, strain on new appointment, then the known devices, methods, substances, strains of the same appointment belong to its analogs.
In case of the description of group of inventions of the data on analogs are brought for each invention separately.
33. The essence of the invention is expressed in total essential signs, sufficient for the achievement provided with the invention of technical result.
Signs belong to essential if they influence the achieved technical result, that is are in cause and effect relationship with the specified result.
In this Section the declared invention so that it was possible to understand technical task, its decision with indication of technical result which can be received when implementing the invention reveals.
All essential signs characterizing the invention and necessary for its realization with achievement of technical result are given. The signs distinguishing the invention from the closest analog are allocated.
If the invention provides several technical results (including in specific forms of its accomplishment or under special conditions of use), it is recommended to specify them.
The technical result can be expressed, in particular, in decrease (increase) in coefficient of friction; in prevention of jamming; in decrease in vibration; in improvement of blood supply of body; in localization of effect of medicine, decrease in its toxicity; in elimination of defects of structure of casting; in improvement of contact of working body with environment; in reduction of misstatement of form of signal; in decrease in infiltration of liquid; in wettability improvement; in prevention of cracking.
If during creation of the invention the problem only of expansion of arsenal of technical means of certain appointment or receipt of such means for the first time is solved, the technical result can consist in realization of this appointment, and its special specifying is not required.
For group of inventions the specified data including about technical result, are brought for each invention separately.
In case of the description of strain of microorganism, culture of cages of plants and animals signs in which it differs from initial or closely related strains are in addition specified.
In case of the description of the invention relating to use of the known device, method, substance, strain on new appointment the characteristic of this known object and bibliographic data of source of information in which it is described are provided, its known and new appointment is specified.
34. The signs used for the characteristic of subjects of inventions:
1) for the characteristic of devices the following signs are used, in particular:
- availability of constructive element(s);
- communication availability between elements;
- relative positioning of elements;
- form of accomplishment of element(s) or device in general, in particular geometrical form;
- form of accomplishment of communication between elements;
- parameters and other characteristics of element(s) and their interrelation;
- material of which the element(s) or the device in general is made;
- the environment performing function of element;
2) for the characteristic of methods the following signs are used, in particular:
- availability of action or set of actions;
- procedure for accomplishment of such actions in time (it is consecutive, at the same time, in different combinations, etc.);
- conditions of implementation of actions; mode; use of substances (initial raw materials, reagents, catalysts, etc.), devices (devices, tools, equipment, etc.), strains of microorganisms, cultures of cages of plants and animals;
3) for the characteristic of individual chemical compounds the following signs are used, in particular:
- for low-molecular connections - high-quality structure (atoms of certain elements), quantitative structure (number of atoms of each element), communication between atoms and their relative positioning in molecule expressed by chemical structural formula;
- for high-molecular connections - chemical composition and structure of one link of macromolecule, structure of macromolecule in general (linear, branched), frequency of links, molecular mass, molecular-mass distribution, geometry and stereometry of macromolecule, its trailer and side groups;
- for individual connections with unspecified structure - to identify the physical and chemical and other characteristics (including obtaining method signs) allowing them;
4) for the characteristic of compositions the following signs are used, in particular;
- high-quality (ingredients) structure;
- quantitative (content of ingredients) structure;
- structure of composition;
- structure of ingredients.
For the characteristic of compositions of unidentified structure their physical and chemical, physical and utilitarian indicators and signs of method of obtaining can be used;
5) for the characteristic of the substances received by nuclear transformation the following signs are used, in particular:
- high-quality structure (element isotope(s)), quantitative structure (number of protons and neutrons);
- main nuclear characteristics: half-life period, type and radiation energy (for radioactive isotopes);
6) for the characteristic of individual strains of microorganisms the following signs are used, in particular:
- kulturalno-morphological characteristic;
- fiziologo-biochemical characteristic;
- hemo-and genotaksonomichesky characteristic;
- kariologichesky characteristic;
- marker characteristics: genetic, immunological, biochemical, physiological;
- biotechnical characteristics: the name and properties of the useful substance produced by strain, the level of activity (productivity), purpose of the strain which is not producer; data on stability of preserving useful property in case of long cultivation, etc.;
- virulence, antigenic structure: immunogenicity, senologichesky features, oncogenicity, sensitivity to antibiotics, antagonistic properties (for strains of microorganisms of medical and veterinary appointment);
- the characteristic of parent strains (partners), the principle of hybridization (for strains of hybrid microorganisms);
7) for the characteristic of individual strains of cultures of cages of plants or animals the following signs are used, in particular:
- family tree of cultures;
- number of passages by the time of certification;
- standard conditions of cultivation;
- cultural properties;
- growth (kinetic) characteristics;
- the characteristic of cultivation in animal organism (for hybrids);
- cytogenetic (kariologichesky) characteristic;
- cytomorphological characteristic;
- data on specific accessory (for cages of animals, including hybridomas);
- capability to morphogenesis (for cages of plants);
- oncogenicity (for cultures of cages of animals, including hybridomas);
- marker characteristics: cytogenetic, immunological, biochemical, physiological;
- data on contamination (protozoa, mushrooms, bacteria, mycoplasmas, viruses, etc.);
- biotechnical characteristics: the name and properties of the useful substance produced by strain, the level of activity (productivity), purpose of the strain which is not producer; data on stability of preserving useful property in case of long cultivation, etc.;
- cryopreservation method;
8) for the characteristic of consortia of microorganisms in addition to the signs listed for individual strains the following signs are used, in particular:
- origin (allocation source), factor and conditions of adaptation and selection, taxonomical structure, divisibility, number and the dominating components, kulturalno-morphological and fiziologo-biological signs of individual components, type and physiological features of consortium in general;
- taxonomical structure, ratio and substitutability of strains, characteristic of new individual strains;
9) for the characteristic of consortia of cultures of cages of plants and animals in addition to the signs listed for individual cultures the following signs are used: factor and conditions of adaptation and selection, taxonomical structure, divisibility, substitutability, number and the dominating components, kulturalno-morphological, fiziologo-biochemical and other signs of individual components, physiological features of consortium in general;
10) for the characteristic of use of devices, methods, substances, strains known earlier the short characteristic of the applied object sufficient for its identification, and specifying of this new appointment is used for the new designated purpose.
35. Except the list of figures, short specifying on what is represented on each of them is given in the description.
If other materials explaining essence of the invention are provided the short explanation of their content is provided.
36. The data confirming possibility of implementation of the invention are provided in the Section of the description, the possibility of implementation of the invention with realization of the appointment specified by the applicant is shown.
The possibility of implementation of the invention which essence is characterized with use of the sign expressed by general concept, in particular provided at the level of functional generalization proves to be true or the description is direct in materials of the request of means for realization of such sign or methods of its obtaining, or specifying on popularity of such means or methods of its obtaining.
Also the data confirming possibility of obtaining when implementing the invention of that technical result which is specified in the Section "Essence of the Invention" in case of the characteristic of solvable task are provided in this Section. When using for the characteristic of the invention of the quantitative signs expressed as interval of values the possibility of receipt of technical result in this interval is shown.
37. The data confirming possibility of implementation of the invention relating to the device.
For the invention relating to the device the description of its design (in static condition) with references to figures of drawings is provided. Digital designations of structural elements in the description shall correspond to their digital designations on drawing figure.
After the description of design of the device its action (work) or method of use with references to figures of drawings, and if necessary - on other explaining materials is described (epyura, temporary charts, etc.).
If the device contains the element characterized at the functional level, and the described form of realization assumes use of the programmable (adjusted) multipurpose means, then the data confirming possibility of accomplishment with such means of the specific function ordered it as a part of this device are represented. If among such data the algorithm, in particular computing is given, it is preferably presented in the form by flowcharts or if it is possible, the corresponding mathematical expression.
38. The data confirming possibility of implementation of the invention relating to method.
For the invention relating to method the sequence of actions (acceptances, transactions) over material object, and also conditions of carrying out actions, the specific modes (temperature, pressure, etc.) used at the same time devices, substances and strains are specified if it is necessary. If the method is characterized by use of means (devices, substances and strains) known before priority date, enough these means to specify. When using unknown means their characteristic is provided and graphical representation is in case of need applied.
When using in method of new substances the method of their obtaining reveals.
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