- Title I General Provisions
- Title II Conditions of Patentability of Industrial Property Subject Matter
- Title III Owners of Rights
- Title IV Exclusive Right in Industrial Property Subject Matter
- Title V Grant of the Title of Protection
- 17 Filing an Application for a Title of Protection
- 18 Application for a Preliminary Invention Patentor an Invention Patent
- 19 Application for a Utility Model Certificate
- 20 Application for a Preliminary Design Patentor a Design Patent
- 21 Priority of an Invention, Utility Model or Industrial Design
- 22 Correction of Elements in the Application at the Initiativeof the Applicant
- 23 Formal Examination and Preliminary Examinationof Invention Applications
- 24 Substantive Examination of Invention Applications
- 25 Examination of Utility Model Applications
- 26 Conversion of Applications
- 27 Examination of Design Applications
- 28 Registration of Industrial Property Subject Matter
- 29 Publication of Data on the Registration of Industrial Property Subject Matter
- 30 Grant of Titles of Protection
- Title VI Expiry of Titles of Protection
- Title VII Rights and Privileges of Creators and Patent Owners
- Title VIII Defense of the Rights of Patent Owners and Creators
- Title IX Final Provisions
Patent Law*
(of January 14, 1998)
TABLE OF CONTENTS**
Article
Patenting of Industrial Property Subject Matter Relations Governed by this Law
1. This Law governs the economic relations and the associated personal moral relations arising on the territory of the Kyrgyz Republic from the creation, legal protection and use of inventions, utility models and industrial designs (hereinafter referred to as “industrial property subject matter”).
State Agency of Intellectual Property of the Kyrgyz Republic
2. The State Agency of Intellectual Property of the Kyrgyz Republic (hereinafter referred to as “Kyrgyzpatent”) shall, in accordance with this Law, receive applications for protection of industrial property subject matter, carry out the examination and official registration thereof, grant titles of protection, make official publication of the data relating to industrial property subject matter, lay down rules for the implementation of this Law and perform other functions in accordance with the ordinance concerning Kyrgyzpatent adopted by the Government of the Kyrgyz Republic.
Kyrgyzpatent shall be responsible for keeping the national patent collection and for making additions to it through acquisition and through exchange with international organizations and foreign patent offices.
In order to strengthen the activities of Kyrgyzpatent in the field of legal protection of industrial property subject matter, there shall be established at Kyrgyzpatent an Appeal Board as the compulsory first instance body for disputes relating to industrial property subject matter, that it shall hear in accordance with its competence. The procedures for hearing opposition before the Appeal Board shall be established by Kyrgyzpatent.
The activities of Kyrgyzpatent shall be financed from budget appropriations, patent fees, remuneration obtained by Kyrgyzpatent in exchange for services and documents it provides and by other extrabudgetary funds.
Legal Protection of Industrial Property Subject Matter
3. Rights in industrial property subject matter shall be protected by this Law and shall be certified by a preliminary patent or a patent for an invention or for an industrial design or by a certificate for a utility model (hereinafter referred to as “titles of protection”), attesting to the priority date and authorship of the invention, industrial design or utility model and the exclusive right of the owner of the title of protection (hereinafter referred to as “the patent owner”) with respect to the industrial property subject matter.
A preliminary patent or certificate shall be granted after a preliminary examination.
A patent shall be granted after a substantive examination.
The scope of the legal protection afforded by a preliminary invention patent, an invention patent or a utility model certificate shall be determined by the claims and the scope of the legal protection afforded by a preliminary design patent or a design patent shall be determined by the sum of its essential features as shown in the reproductions of the article in which the design is incorporated (model) and set out in the list of essential features.
The legal protection of industrial property subject matter considered secret by the State shall be governed by the legislation of the Kyrgyz Republic.
Term of Preliminary Patents, Patents and Certificates
Relations Governed by this Law 1
State Agency of Intellectual Property of the Kyrgyz
Title II: Conditions of Patentability of Industrial Property
Subject Matter
Title III: Owners of Rights
Title IV: Exclusive Right in Industrial Property Subject Matter
Obligations of the Patent Owner and Compulsory
Acts Not Infringing the Exclusive Right of the Patent
Grant of the Right to Use Industrial Property Subject
Title V: Grant of the Title of Protection
Application for a Preliminary Invention Patent or an
Application for a Preliminary Design Patent or a
Priority of an Invention, Utility Model or Industrial
Correction of Elements in the Application at the
Formal Examination and Preliminary Examination of
Publication of Data on the Registration of Industrial
Title VI: Expiry of Titles of Protection
Title VII: Rights and Privileges of Creators and Patent Owners
State Incentives for the Creation and Use of Industrial
Title VIII: Defense of the Rights of Patent Owners and Creators
Title IX: Final Provisions
Abroad .......................................................................... 38
Rights of Foreign Natural and Legal Persons................ 39
International Treaties .................................................... 40
Entry into Force of this Law ......................................... 41
Title I
General Provisions