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LAW OF THE KYRGYZ REPUBLIC

of January 14, 1998 No. 8

Patent law

(The last edition from 26-05-2018)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on December 16, 1997

Section 1. General provisions

Article 1. The relations regulated by the Patent law

This Law 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 (further - objects of industrial property).

Article 2. Authorized state body of the Kyrgyz Republic in the field of intellectual property

The authorized state body of the Kyrgyz Republic in the field of intellectual property (further - Kyrgyzpatent) according to this Law takes cognizance of requests for objects of industrial property, carries out on them expertize, state registration, grants patents, performs the official publication of data on objects of industrial property, publishes explanations on application of this Law and performs other functions according to the regulations on it approved by the Government of the Kyrgyz Republic.

Kyrgyzpatent performs management of National patent fund, provides its storage and completing by acquisition and exchange with the international organizations and foreign patent authorities.

For the purpose of enhancement of activities of Kyrgyzpatent for provision of legal protection to objects of industrial property in case of Kyrgyzpatenta Appeal council which is obligatory primary body for consideration of the disputes arising on objects of industrial property according to its competence is created. The procedure for consideration of objections by Appeal council is established by Kyrgyzpatent.

Financing of activities of Kyrgyzpatent it is performed at the expense of means of the republican budget.

Article 3. Legal protection of objects of industrial property

The right to object of industrial property is protected by this Law and is confirmed by the patent which certifies priority, authorship and exclusive right of the owner of the patent for this object of industrial property.

The amount of legal protection provided by the patent for the invention and useful model is determined by their formula, and, the patent for industrial design - set of its essential signs provided on images of product (prototype) and given in the list of essential signs.

Legal protection of the objects of industrial property recognized by the state confidential is regulated by the legislation of the Kyrgyz Republic.

Article 4. Patent effective periods

The patent for the invention is effective within twenty years, beginning from date of application in Kyrgyzpatent.

The patent for useful model is effective within five years, beginning from date of application in Kyrgyzpatent. The validity of the patent for useful model is extended by Kyrgyzpatent according to the petition of the owner, but no more than for three years.

The patent for industrial design is effective within ten years, beginning from date of application in Kyrgyzpatent. The validity of the patent for industrial design is extended by Kyrgyzpatent according to the petition of the owner of the patent, but no more than for five years.

The procedure for prolongation of effective period of the patent for the invention, useful model or industrial design is established by authorized body in the field of intellectual property.

Section II. Conditions of patentability of objects of industrial property

Article 5. Conditions of patentability of the invention

Legal protection is provided to the object declared as the invention if it is new, has inventive level and is industrially applicable.

The invention is new if it is not known from equipment level.

The invention has inventive level if it for the specialist in the field explicitly does not follow from equipment level. Requirements to the specialist determining inventive level are established by the Government of the Kyrgyz Republic.

Level of the equipment includes any data which became public in the world before priority date of the invention.

In case of establishment of novelty of the invention data on equipment level also include not withdrawn applications of other persons submitted to Kyrgyzpatent, with earlier priority and the patented in the Kyrgyz Republic of the invention and useful models.

The invention is industrially applicable if it can be used in the industry, agricultural industry, health care and other industries of the national economy.

Is not recognized the circumstance influencing patentability of the invention, public disclosure of information relating to it, the applicant, the author or any person who obtained from it directly or indirectly this information in case of whom data on essence of the invention became public not earlier than before twelve months before date of application or before priority date if it is asked. At the same time the obligation of proof of this fact lies on the applicant.

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