Approved by the decision of Scientific and technical council of the State agency of intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент) of July 14, 1998 No. 7

RULES OF GIVING AND CONSIDERATION OF THE INTERNATIONAL REQUEST FOR THE INVENTION AND APPLICATION FOR ISSUE OF THE EURASIAN PATENT FOR THE INVENTION

These rules of giving and consideration of the international request and application for issue of the Eurasian patent for the invention (dalee-Pravila) are published according to article 2 of the Patent law of the Kyrgyz Republic and contain explanations of the State agency of intellectual property under the Government of the Kyrgyz Republic (Кыргызпатент) on clerical work in Kyrgyzpatenta according to the international and Eurasian request.

Section I. GIVING AND CONSIDERATION of the INTERNATIONAL REQUEST

 

Part 1. International phase

1. General provisions

Agreement - The agreement on patent cooperation (RUTI) of July 19, 1970 (reviewed on October 2, 1979; and on February 3, 1984), the international agreement within the Parisian convention on protection of industrial property

The international request - the application for the invention which is submitted according to the Agreement.

Contracting states - the State Parties of the Agreement

The international bureau - the International bureau of World Intellectual Property Organization (VOIS, Geneva, Switzerland)

National department - governmental body of the Contracting state, authorized to issue security documents

The specified department - national department in which the applicant wishes to patent the invention and specified to them according to Chapter I of the Agreement

The chosen department - the national department chosen as the applicant according to Chapter II of the Agreement

The receiving department - national or intergovernmental organization where the international application is submitted

The statement of RUTI - the special form developed by the International bureau

Functions of the receiving department in the Kyrgyz Republic are performed by Kyrgyzpatent, being guided at the same time by the Agreement on patent cooperation (RUTI) (further - the Agreement), the Instruction to the agreement (the text which is valid for January 1, 1996) (further - the Instruction), Administrative instructions to the Agreement (further - Administrative instructions), the Patent law of the Kyrgyz Republic (further - the Law).

2. Submission of the international request

2.1. Persons having the right to submission of the international request

According to article 9 of the Agreement any citizen of the Kyrgyz Republic or person living in the Kyrgyz Republic can submit the international application.

2.2. Procedure of giving

Кыргызпатент 19 Instructions are competent authority for obtaining and registration of the international requests in rule sense if at least one of applicants is the citizen of the Kyrgyz Republic or person living in the Kyrgyz Republic irrespective of whether it is applicant for all or only for some states.

The physical person is considered the citizen of the Kyrgyz Republic or living in the Kyrgyz Republic if it is that according to the legislation of the Kyrgyz Republic.

The legal entity, according to the rule 18.2 (b) of the Instruction, is considered as the citizen of the Kyrgyz Republic if it is registered as the legal entity according to the legislation of the Kyrgyz Republic.

Any face, according to the rule 18.1 (b) of the Instruction, is also considered as living in the Kyrgyz Republic if it owns industrial or trade enterprise in the Kyrgyz Republic.

In case of doubts concerning nationality of the applicant or its residence in the Kyrgyz Republic Kyrgyzpatent has the right to request documentary confirmation of the corresponding facts from the applicant.

The international application can be submitted to Kyrgyzpatent directly or by mail.

2.3. Permission to patenting

Taking into account Article 27 (8) Agreements of the requirement concerning observance of homeland security are considered executed, and the application submitted according to the Agreement is considered as the expected international request if it is given not earlier than in three months after giving on the same invention or useful model of the request identical to it to Kyrgyzpatent according to article 38 of the Law (further - the national request), on condition of submission of the special statement by the applicant testimonial of the fact of submission of the above-named request with reduction of number, date of giving, the name of the invention according to the national request and the invention containing approval about invariance of essence. Such special statement is attached to the international request about what the applicant does mark in the column VIII of the statement - RUTI at No. 8, or submitted within two-month term from the date of sending to the applicant of the corresponding notice of Kyrgyzpatent.

The special statement is not required if according to the international request the conventional priority based on the national request and for it is asked it is specified in the statement of RUTI.

If the application submitted according to the Agreement is submitted before the expiration of three months from the date of submission of the national request for which availability it is specified in the mentioned special statement or in the statement of RUTI, the applicant is notified that he needs to get Kyrgyzpatent's permission to foreign patenting of the invention (article 38 of the Law). Consideration of such request as the expected international request begins after receipt of permission or after three months from the date of submission of the national request.

If the application submitted according to the Agreement is submitted without specifying on availability of the national request, but with indication of the Kyrgyz Republic according to the rule 4.9 (a) of the Instruction, i.e. by direct mentioning of the Kyrgyz Republic in the column V of the statement of RUTI, the applicant is notified that he needs to get Kyrgyzpatent's permission to foreign patenting of the invention (article 38 of the Law). Consideration of such request as the expected international request begins after receipt of permission of Kyrgyzpatent to foreign patenting of the invention or after three months from the date of the expected international application containing specifying of the Kyrgyz Republic.

If the application submitted according to the Agreement is submitted without specifying on availability of the national request and without specifying in it the Kyrgyz Republic according to the rule 4.9 (a) of the Instruction, but the statement contains the clause provided by the rule 4.9 (v) of the Instruction i.e. contains record about instructions of the other State Parties of the Agreement on condition of the subsequent confirmation of such instructions, the applicant is informed that the request will not be considered as the international request and that for correction of provision he can confirm specifying of the Kyrgyz Republic according to the rule 4.9 (c) to the Instruction i.e. to submit the corresponding application and to pay "duty on specifying" before the expiration of 15 months from priority date then to be guided stated in the previous paragraph of this Item. At the same time the responsibility for violation because of the applicant of the terms provided by the Agreement lies on the applicant.

In case of detection in materials of the request of data which can constitute the state secret the three-months term of representation of permission by Kyrgyzpatent to patenting of the invention is abroad prolonged before receipt of the conclusion of competent authority about need or about lack of need of classification of this invention. At the same time, if materials of the request are acknowledged confidential, the further clerical work on patenting of the invention abroad is not conducted.

In case of non-compliance with the above-stated requirements the request is not considered as the international request (Item 330 of Administrative instructions).

2.4. Language of the international request and correspondence

Кыргызпатент as the competent receiving department accepts the international requests in the Russian or English languages. In case of submission of the request in English its transfer is represented. Responsibility for the accuracy of transfer is conferred on the applicant.

Kyrgyzpatent is corresponded with the applicant in the Russian or Kyrgyz language.

Correspondence between the applicant and the International search body and Body of the international preliminary expert examination is conducted in language of the international request.

2.5. Number of copies

The international application is submitted to Kyrgyzpatent in triplicate, each of which shall be suitable for reproduction, and the first copy sent to the International bureau shall be suitable for direct reproduction in any number of copies.

3. International request for the invention

3.1. Structure of the request

According to Article 3 (Agreements the international request shall contain 2):

- statement of RUTI;

- description of the invention;

- invention formula;

- drawings (if they are necessary);

- paper.

At the same time according to Article 3 (4) Agreements the international request shall:

- to be constituted in the Russian or English languages;

- meet the established requirements to execution of the international request;

- meet the established requirements of unity of the invention;

- be followed by payment of the established duties.

3.2. Requirements to the statement of RUTI

The application of RUTI shall be submitted on the special form developed by the International bureau (Appendix 1). Any potential applicant can address to Kyrgyzpatent and receive free of charge the application blank.

Below requirements for filling of each column of the statement are stated.

Column I. Name of the invention.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info