WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/KGZ/P/1
30 July 1999
(99-3245)
Council for Trade-Related Aspects
of Intellectual PropertyOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND
REGULATIONS NOTIFIED UNDER ARTICLE 63.2
OF THE AGREEMENT
KYRGYZ REPUBLIC
The present document reproduces the text1 of the Patent Law, of 14 January 1998, as notified
by the Kyrgyz Republic under Article 63.2 of the Agreement (see document IP/N/1/KGZ/1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
RÉPUBLIQUE KIRGHIZE
Le présent document contient le texte
1 de la Loi du 14 janvier 1998 sur les brevets, notifiée
par la République kirghize au titre de l'articl e 63:2 de l'Accord (voir le document IP/N/1/KGZ/1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2
DEL ARTÍCULO 63 DEL ACUERDO
REPÚBLICA KIRGUISA
En el presente documento se reproduce el texto1 de la Ley de patentes, de 14 de enero
de 1998, que la República Kirguisa ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/KGZ/1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/KGZ/P/1
Page 2
Bishkek
January 14, 1998 # 8
LAW OF THE KYRGYZ REPUBLIC
On Patent
Section I. General provisions
Section II. Conditions of patentabilit y of objects of industrial property
Section III. Subjects of the LawSection IV. Exclusive rights to  objects of industrial property
Section V. Receipt of protected documentsSection VI. Termination of the va lidity of the protected documents
Section VII. Rights and privileges of the authors and patent owners
Section VIII. Protection of the righ ts of patent owners and authors
Section IX. Final provisions
Section I. GENERAL PROVISIONS
Article 1. Relations Regulated by the Patent Law
This law shall regulate ec onomic as well as related to  them, personal non-economic
relations arising in the territory of the Kyrg yz Republic in connecti on with creation, legal
protection and use of inventions, utility models and industrial designs (hereinafter referred to
as objects of industrial property).
Article 2. The State Intellectual Property Agency under the Government of the Kyrgyz
Republic
In compliance with this Law, the State Intellectual Property Agency Under the
Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent), shall acceptfor consideration the applications for objects of industrial property, conduct examination, the
state registration, grant protect ed documents, publish official data on objects of industrial
property, issue clarifications on the applicati on of this Law and perform other functions in
accordance with the Regulation thereon approved by the Government of the KyrgyzRepublic.
Kyrgyzpatent shall provide for the mana gement of the Nati onal Patent Fund, its
storage and complexion by the way of acqui sition and exchange with international
organizations and foreign patent agencies.
In order to improve the activity of Kyrg yzpatent on provision of  legal protection to
the objects of industrial property, the A ppellate Council is be ing established under
Kyrgyzpatent, which is the obligatory initial body for consideration of disputes arising withrespect to the objects of industrial property,  due to its jurisdiction. Kyrgyzpatent shall
establish the order of considerati on objections by th e Appellate Council.
The sources of financing the activities of the Kyrgyzpatent shall be means of
republican budget, patent fees, payment for se rvices and materials provided by Kyrgyzpatent
and other non-budget sources.IP/N/1/KGZ/P/1
Page 3
Article 3. Legal Protection of the Objects of Industrial Property
 The right to the object of industrial propert y shall be protected by this Law and shall
be confirmed by a preliminary pa tent, patent for an invention or industrial design, or the
certificate for utility model (hereinafter referred to as protected documents) which certify thepriority, authorship and the exclusive right of the owner of a protected  document (hereinafter
referred to as patent owner) to these objects of industrial property
A preliminary patent and certificate shall be granted after a preliminary expertise has
been conducted.
A patent shall be granted after ex amination on the e ssence is conducted.
The scope of legal protection provided by a preliminary patent, patent for an
invention, and certificate for the utility model sh all be determined by their formula and that
for a preliminary patent and patent for an indus trial design, by the whole of its essential
features shown in the depiction  of an ar ticle (model) and listed essential features. 
Legal protection of the objects of industrial property recognized as a secret by the
state, shall be regulated by the legislation of the Kyrgyz Republic.
Article 4. Effective Terms of a Prelim inary Patent, Patent  and Certificate
A preliminary patent for an invention shall be effective during seven years as of the
date of submission of the a pplication to Kyrgyzpatent.
The patent for an invention shall be effec tive within the period of twenty years as of
the date of file of an a pplication with Kyrgyzpatent.
A certificate for a utility model shall be effective within five years as of the date of
file of an application with Kyrgyzpatent. At the request of the owner, Kyrgyzpatent may
extend the effective period of the certificate for a term not longer than three years.
A preliminary patent for an i ndustrial design shall be ef fective during seven years as
of the date of submission of an  application to Kyrgyzpatent.
Patent for an industrial design shall be effective within ten years as of the date of file
of an application with Kyrgyzpatent. At the re quest of the patent owner, Kyrgyzpatent may
extend the effective term of the patent for an industrial design for a term not longer than five
years.IP/N/1/KGZ/P/1
Page 4
Section II. CONDITIONS OF PATENTABILITY OF THE OBJECTS OF
INDUSTRIAL PROPERTY
Article 5. Conditions of Pate ntability of an Invention
 An object claimed as an invention shall enjoy legal protection if it is new, has an
inventive level and a pplicable in industry.
An invention shall be considered new if it is not known from the standard of
technology.
An invention shall be considered as havi ng an inventive level if it does not obviously
follow from the standard of technology.
The standard of technology shall include an y information which has become generally
available in the world before the priority date of the invention.
While establishing the novelty of an inve ntion, the information on the standard of
technology shall include not withdrawn a pplications of other persons, submitted to
Kyrgyzpatent with an earlier priority, as well as inventions and utility models patented in theKyrgyz Republic.
An invention shall be consider ed applicable in industry if it may be used in industry,
agriculture, public health service and in other branches of public economy.
 No public disclosure of information shall be considered as affecting patentability if it
was made by the applicant, author or by any other person who obtained it from him directly
or indirectly under which the information a bout the substance of an invention became
publicly open not earlier than twelve months before  the date of file of an application or before
the priority date if it is sought. The obligation of proof of this fact lies with the applicant.
 
The objects of inventions may be a device , method, composition of matter, a strain of
microorganism, cells of plants  and animals, as well as app lication of previously known
device, method, composition of matter and stra in for a new purpose or any other new
achievement in the area of technology and technics.
Shall not be deemed as inventions:
 1) scientific theories a nd methods of mathematics;
 2) methods of organization and management of economy;
 3) signs, schedules and rules;
 4) methods of execution of mental operations;
 5) algorithms and computer programs as such;
 6) drafts and schemes fo r planned structures, buildings and territories;
 7) decisions regarding only the appearan ce of articles aimed for satisfaction of
aesthetic needs;
 8) integrated circuits topography;
 9) varieties of plants and breeds of animals;IP/N/1/KGZ/P/1
Page 5
10) decisions contradicting with public inte rests, principles of humanity and morals,
hazardous to the environment.
The objects listed in items 5, 8, 9, of paragra ph 9 shall be protected by separate laws.
The presence of algorithm and software programs in the invention shall not be
deemed as a fact influencing the patentability of an invention, if they are considered as a part
of an invention.
Article 6. Conditions of Patentability of Utility Model
Devices shall be related to utility models.
The object claimed as a utility model shall be provided with legal protection if it is
new and  applicable in industry.
Utility model shall be considered new if the whole of its significant features is not
known from the level of engineering.
The information on the level of engineerin g shall include data published on the means
designed for the same purpose as the utility model claimed, which have become generallyavailable before the date of priority of the application for utility model, the data on their usein the Kyrgyz Republic, not withdrawn applications for inventions and utility modelssubmitted earlier by other persons as well as inventions and utility models patented in theKyrgyz Republic.
No disclosure of information related to the utility model shall be recognized as
affecting novelty of the utility model if made by the applicant or by any other persons whoobtained from him the information directly or indirectly under which the information on the
essence of the utility model became public, not ea rlier that six months before the date of
submission of a application or the  priority date  if its sought. The burden of proof of that fact
lies with the applicant.
A utility model is applicable in indus try if it can be practically used.
Objects mentioned in paragraph 9, Article 5 of this Law are not protected as utility
models.
Article 7. Conditions of Patentab ility of an Industrial design
Industrial designs shall be artistic and structural embod iments of an article which
determine its exterior.
An object claimed as an industrial design sh all be given legal pr otection if it is new,
original and applicable in industry.IP/N/1/KGZ/P/1
Page 6
An industrial design shall be  considered new if the whole of its essential features
presented in the depiction of an article (model) and in the list of essential features is notknown from the information available to the public be fore the date of priority of the industrial
design.
In the course of establishing the novelty of an industrial desi gn, all not recalled
applications for industrial desi gns filed earlier by other pers ons in the Kyrgyz Republic and
the industrial designs patented in the Kyrgyz  Republic shall be take n into consideration.
An industrial design shall be considered as original if its essen tial features determine
creative character of peculiarities of the article.
Features that determine aesthetic and (or) ergonomic peculiarities of  the exterior of
an article, its form and config uration, ornament and combination of colors are considered to
be the essential features of an industrial design.
Industrial design shall be considered as a pplicable in industry if it can be repeatedly
reproduced.
No disclosure of information which became generally available to the public, related
to the industrial design shall be recognized as affecting patentability of the industrial design if
such disclosure is made by an applicant, th e author, or any other person who has obtained this
information from him, under which the informa tion on the essence of an industrial design
became public, not earlier than six months before the date of file of an application or the
priority date if its sought. The burden of proof of this fact lies with the applicant.
Shall not be deemed as industrial designs:
1) decisions conditioned by solely technical function of the article;
2) architectural units (except for small architectural forms), industrial, hydro
technical and other st ationary structures;
3) printed matter as such;4) objects of unstable shape such as li quid, gas, bulk substances or like that;
5) articles that contradict public interests, the principles of humanity and
morals.
Section III. SUBJECTS OF LAW
Article 8. The Author of the Object of Industrial Property
The natural person by whose creative labor th e work is done shall be considered the
author of an object of industrial property.
If several natural persons pa rticipated in the creation of an object of industrial
property, all of them shall be recognized as its authors. The order of using the rights thatbelong to the authors shall be determined by agreement between them.IP/N/1/KGZ/P/1
Page 7
Natural persons who have not made personal contribution in the creation of an object
of industrial property but who have provided only technical,  organizational or material
assistance to the author (authors) or who have only helped to form rights for it and the use
thereof shall not be recognized the authors.
The right of authorship shall be inaliena ble personal right and protected without time
limits.
Article 9. The Patent Owner
The right to obtain protected document shall belong to:
1) the author (authors) of th e object of industrial property;
2)  employer in the cases stipulated in item two of the present Article;
3)  their successor, including a person obtained appropriate right in the
assignment order;
The right to obtain protected document for the object of industrial property created by
the employee due to execution of his service duties or a specific task of the employer shallbelong to the employer, unless otherwise is provided by the agreement between the employer
and employee. . 
If the employer, within four months from th e date of notification by the author on the
created object of industrial property, does not f ile an application with  Kyrgyzpatent, does not
reassign the right to the other person to obtai n protected document and does not inform the
author that the object of industrial property is ke pt in secret, then the right to obtain protected
document is transferred to the author. In that case, the employer shall have the right to use theobject of industrial property in his production paying compensation to the patent owner that is
determined on contractual basis.
The right to obtain protected document for the object of industrial property created by
the employee with the use of experience, material, technical and other means of the employerbut not in connection of execution of working dutie s by the employee or concrete task of the
employer shall belong to the employee if otherwise is not specified in the agreement betweenhim and employer. In this case the employer ha s the right to use the object of an industrial
property in his production paying  the compen sation to the patent owner determined on
contractual basis.
Article 10. The Righ t of the Author to  Remuneration
The author who has no right to obtain pr otected document has the right to get
remuneration from the employer paid in the amount and under conditions determined on the
basis of the agreement between them.
In the event the agreement between the parties on the amount and the order of
payment of remuneration or compensation is not  reached the dispute shall be considered by
the court.IP/N/1/KGZ/P/1
Page 8
Should the remuneration or compensation pr ovided in the agreement not be paid in
time, the employer guilty of that shall bear liability pursuant to the legislation of the KyrgyzRepublic.
Other relations arising in connection with  the creation of the object of industrial
property by an employee shall be regulated by the legislation of the Kyrgyz Republic on
work inventions, utility mode ls and industrial designs.
Section IV. THE EXCLUSIVE RIGHT TO THE OBJECTS OF INTELLECTUAL
PROPERTY
Article 11. The Rights of Patent Owner
 The patent owner shall have the exclusive right to protected by the preliminary
patent, patent for an inven tion, industrial design, utility m odel protected by certificate
including the right to prohibit the use of th ese objects by other persons, except for the cases
when such use does not infringe the exclusive right of the patent owner according to this
Law.  
Relations regarding the use of an object of  industrial property the protected document
for which belongs to several persons shall be determined by the agreement between them. Inthe absence of such an agreement, each of them may use the  protected object at his owndiscretion but shall have no right to provide an exclusive license for it or assign the protected
document, to the other person without  the agreement of other owners.
If an agreement on granting an exclusive license or assignment of a protection
document is not achieved between patent owne rs, division of the rights to the object of
industrial property may be decided in the court.
Manufacture, application, import, offer for sale, sale, any introduction to the
economic turnover or storage of a product for this purpose that contains an invention,
industrial design,  protected by a preliminary pa tent, patent, certificate for the utility model as
well as exploitation of the method protected by a preliminary patent, patent for an invention
shall be considered as the exploitati on of an object of industrial property.
The product shall be deemed containing an invention protected by a preliminary
patent, patent, utility model protected  by a certificate if it contains every feature of theinvention, utility model listed in an independent point of the fo rmula or a feat ure equivalent
thereto, which is known as such in this fi eld of technology at the date of beginning
exploitation.. The method protected by a preliminar y patent, patent for an invention, shall be
deemed applicable if every feature of the i nvention listed in an independent point of the
formula or equivalent to it feature which is know as such in the field of technology on the
date of beginning the exploitation is applied.
The product is deemed containing an indus trial design protected by a preliminary
patent, patent if it includes all of its essential features presented in the depiction of an article(model) and in the list of essential features .IP/N/1/KGZ/P/1
Page 9
The use of a method protected by a preliminar y patent or patent shall be also deemed
introduction into an economic turnover or st orage with the same purpose of a device by
functioning or exploitation of which, pursuan t to its assignment, the present method is
automatically provided.
The use of a method for production of a good protected by preliminary patent or
patent shall be also deemed  introduction into an economic tur nover or storage with the same
purpose of a good produced directly by this method. Under this condition the new product is
considered to be manufactured by a pate nted method if otherwise is not proved.
Manufacture, experimental examination or ex amination of an expe rimental design of
a product is not deemed the use of an object of industrial property.
The patent owner may assign the obtained protected document to any natural person
or legal entity. The agreement on assignment of  a protected document shall be registered at
Kyrgyzpatent and published in the official bu lletin of Kyrgyzpatent. The agreement shall not
be valid without registration.
Protected documents and the right to obtain them shall be transferred by succesion.
Article 12. Obligations of the Pate nt Owner and Compulsory Licenses
If  the object of industrial property is not used or insufficiently used by the patent
owner or persons to whom the rights for it has been transferred, within three years as of the
date of granting a protected document, that leads to insufficient supply of the appropriate
goods or services at the market of goods a nd services, any person wishing and ready to use
protected document of an industrial property, in  the event of refusal of the patent owner to
conclude licensing agreement with this person on the conditions pursuant to the commonpractice, has the right to apply to court with an  action to provide him a compulsory license for
the use of this object.
If the patent owner fails to prove that th e non-use or insufficient use of an object of
industrial property is conditione d by excusable reasons, the court shall grant the indicated
license specifying the scope of use, the amount , time limits and procedures of payment. The
amount of  payment must not be lower than th e price of the license which is determined in
compliance with the established practice.
 The patent owner that can not use an inve ntion without infringing the rights of the
other owner of a preliminary patent, patent for an invention or certificate for a utility model,who has refused to conclude a licensing ag reement based on the conditions that are in
compliance with the common practice, has the right to apply to court with an appeal to granthim a compulsory license for the exploitation of an invention or utility model under condition
that his invention presents an important t echnological achievemen t of the significant
economic value with respect to the invention or utility model protected document for whichbelongs to the other person.IP/N/1/KGZ/P/1
Page 10
If the indicated license is provided, the court must establish the limits for the use of an
invention or utility model, prot ected document for which belongs to the other person, in the
scope necessary to exploit an invention patented by the person requiring to provide him a
compulsory license, as well as the amount, term s and payment order. The amount of payment
must be established not less than the price for a license which is determined in compliancewith the common practice.
In the emergency situations (disasters, catastrophes, big accidents), as well as in the
interests of the national security, the Government of the Kyrgyz Republic shall have the rightto grant a compulsory license coupled to payment of an applicable compensation to a patentowner, in this case the volume and the time of ex ploitation of the patent ed object of industrial
property shall be restricted by the purposes for which it was allowed. Disputes arising due to
such exploitation shall be decided by court.
The compulsory license shall always be non -exclusive license, it cannot be reassigned
to another person.
Article 13. Actions Not Considered as an Infr ingement of the Exclusive Right of the
Patent Owner
Not recognized as an infringement of the exclusive right of the patent owner:
1)  application of the means containing objects of industrial property protected
by preliminary patents, patents, or certificates in the construction or duringexploitation of transport facilities (sea-going, river, air, land and cosmic) ofother countries under condition that  said facilities temporarily or
accidentally stay in the territory of the Kyrgyz Republic and are used forthe needs of transport facility. Such actions shall not be considered as aninfringement of the exclusive right of the patent owner if transport facilitiesbelong to natural persons or legal en tities of the countries that provide the
same rights to the owners of tran sport facilities of the Kyrgyz Republic;
2)  conducting scientific research or an ex periment with an article containing
an object of industrial property;
3)  application of such means during emergency situation (natural calamities,
catastrophes, big accidents) with s ubsequent payment of a commensurate
compensation to the patent owner;
4)  application of means containing objec ts of industrial property protected by
preliminary patents, patents and certificates if these means are introducedinto an economic turnover in a legal way in compliance with the rightsgranted by a patent owner.. In this case the person who under thepermission of the patent owner acquire s a mean containing patented object
of an industrial property or manufac tured with the use of the patented
method, shall have the right to use or dispose this mean without additional
permission, unless otherwise is  provided by the agreement.IP/N/1/KGZ/P/1
Page 11
Article 14. The Righ t of Prior Use
Any natural person or a legal entity who before  the date of priority of an invention,
utility model, industrial desig n, regardless from the author, has created and used on the
territory of the Kyrgyz Republic a solution s imilar to the object of an industrial property or
made the required preparations shall keep the ri ght to use it free of charge without enlarging
the scope.
The right of prior use may be assigned to  another natural person or legal entity but
together with the production where the use of  identical solution has taken place or the
required preparations has been made for that purpose.
Article 15. Granting the Right to Use the Object  of Industrial Property
Any person who is not the patent owner shall have the right to use an object of
industrial property protected by a protected document only with the permission of a patent
owner on the basis of licensing agreement.
According to the licensing agreement, the patent owner (licenser) takes an obligation
to give the right to use a protected object within the scope provided in the agreement toanother person (licensee) and the latter takes an obligation to make payments to the licenserprovided in the agreement and perform ot her actions provided in the agreement.
In the case of an exclusive license the license e shall be given an exclusive right to use
an object of industrial property within the limits provided in the agreement, retaining the right
to use the object of industrial property with the licenser in the part which is not transferred to
the licensee.
In the case of non-exclusive license, the licen ser while giving the right to the licensee
to use an object of industrial property shall re tain all the rights which come out from the
patent, including the right to transfer the license to a third party.
A license may contain provisions different from the ones indicated in this Article on
the basis of mutual agreement between a licenser and a licensee.
A licensing agreement shall be subject to re gistration at Kyrgyzpatent and shall not be
valid without such registration. The licensing ag reement shall become effective as of the date
of its registration at Kyrgyzpatent, and sh all be published in the official bulletin of
Kyrgyzpatent.
A patent owner may file an application with Kyrgyzpatent to the effect that he is
granting the right to use an object of industr ial property (open license) to any person under
conditions established in the agreement. In this case the fee, in order to keep patent effective,shall be reduced by 50%  as of the year following the year of publication of the informationabout such application by Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 12
The application of a patent owner on grantin g the right to an open license can not be
withdrawn.
Disputes on the refusal to conclude an ag reement as well as on the condition of the
agreement shall be examined in court.
Article 16. Violation of a Protected Document
The use of an industrial design, invention protected by a preliminary patent, patent,
utility model protected by a certificate without maintenance of conditions  established by the
present Law is considered viol ation of a protected document.
The patent owner has the right to require:discontinue violation of  a protected document;
indemnification of losses caused, including  lost profit and compensation of moral
damage by a person guilty of violation of a protected document;
exaction of income received by the infr inger of a protected document instead of
indemnification of losses;
payment of compensation by an infringer in the amount of 10 to 50.000 minimum
salaries established by the legislation of the Kyrgyz Republic, determined at the discretion ofcourt instead of indemnification of losses or exaction of income;
confiscation of products to ones own benefit introduced to  an economic turnover or
stored for this purpose and considered as infri nging a protected document as well as means
specially directed for the infri ngement of a protected document;
publication of court decision in order to rehabilitate his\her business reputation.
Demands to the infringer of a protected may also be made by the owner of the
exclusive license if otherwise in not specified by the licensing agreement or by the owner ofnon-exclusive license, if this is pr ovided by the licensing agreement.
Section V. THE RECEIPT OF PROTECTED DOCUMENTS
Article 17. File of an Application fo r the Grant  of a Protected Document
An application for the grant of a protected  document shall be filed with Kyrgyzpatent
by the a person who has the right to receipt protected document in accordance with Article 9of the present Law (hereinafter referred to as an applicant).
An application for the grant of a protected  document shall be filed in the Kyrgyz or
Russian language. The formula of the invention or utility model, the list of essential featuresof industrial design, the name of the object of industrial property, the name of an applicant
and patent owner must be submitted in the Kyrgyz or Russian language. If other documentsof the application as well as documents presen ted during examination of  an application are
submitted in the other language, the translation into Kyrgyz or Russian shall be attached. Theapplicant must present the translation into Kyrgyz or Russian not later than three months asof the date of file of an application with Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 13
 At the petition of an applicant the term of presenting indicated documents may be
prolonged and reinstated in the event of its violation under the proof of valid reasons and
payment of appropriate fee.
An application may be filed through a pa tent agent registered at Kyrgyzpatent.
Natural persons residing out of the Kyrgyz Republic or foreign legal entities or their patentagents shall conduct operations re lated to obtaining protected documents as well as protection
of object of industrial property through the pa tent agents registered at Kyrgyzpatent.
The authority of a patent agent shall be attested by a power of attorney issued to him
by a person, in whose name the patent is requested. 
Kyrgyzpatent shall determine the order of a ttestation and registra tion of patent agents
and implement it.
Article 18. Application for the Grant of a Pre liminary Patent or Pate nt for an Invention
Application for the grant of a preliminary patent or patent for an invention
(hereinafter referred to as the application for an  invention) shall be re lated to one invention or
a group of inventions so closely related to each  other that they meet the requirements of the
unity of an invention.
The application for an invention must include:
1)  application for the grant of a preliminary patent or patent with the indication of the
author (authors) of an invention and the person (persons) in whose name the
preliminary patent or patent is sought, their place of residence or destination;
 
2)  description of the invention disclosi ng it fully enough to embody it by the
specialist in this field;
 
3)  the formula of an invention expressi ng its essence and fully based on the
description;
4) draughts and other materials if these are necessary for understanding the subject
matter\essence of an invention;
5) essay. The application for an invention shall en close the document that proves payment of
fee in the established amount or grounds for the exemption from payment of fee as well as
reduction of its amount which may be provided at submission of an  application or within two
months under condition of payment of additional fee.
The application is considered to be withdr awn if this document is not provided in the
established term.IP/N/1/KGZ/P/1
Page 14
The date of file of an application with Kyrgyzpatent is set as of the date of receipt of
the documents  necessary to establish  the prio rity pursuant to the requirement of paragraph 1,
Article 21 of the present Law, but if these documents are not presented simultaneously, than
it is established on the date of receipt of  the last one of the documents presented.
Other requirements to the documents of th e application for an invention shall be
established by Kyrgyzpatent.
Article 19. Application for the Grant of a Certificate for a Utility Model
An application for the grant of a certificate for a utility model (hereinafter referred to
as application for the utility model) shall be related to one utility m odel or a group of utility
models so closely related to each other that they meet the requirement of the unity of utilitymodel.
The application for a utility model must include:1)  the application for granting of the certificate with specification of the author
(authors) of the utility model and a person (persons), on whose name the certificate isrequested, as well as the place of  their residence or destination;
2) description of the utility model disclosing it fully enough to embody it;3) the formula for a utility model fully based on the description;4) draughts if necessary for understanding the essence of a utility model;5)  essay.
The application for a utility model shall be enclosed with the document that proves
payment of a due fee in the established am ount or grounds for exemption from payment for
the file of an application as well as re duction of the amount which may be provided at
submission of an application or within two months under condition of payment of additional
fee.
The application is considered to be withdr awn if this document is not provided in the
established term.
The date of file of an application with Kyrgyzpatent is set as of the date of receipt of
the documents  necessary to establish the priori ty pursuant to the requirement of paragraph 1,
Article 21 of the present Law, but if these documents are not presented simultaneously, than
it is established due to the date of receipt of the last one of presented documents.
Other requirements for the documents of th e application for an invention shall be
established by Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 15
Article 20. Application for the Grant of a Preliminary Patent or Patent for an Industrial
Design
An application for the grant of a preliminary patent or a patent for an industrial design
(hereinafter referred to as the application for industrial design) mu st be related to one
industrial design or a group of industrial designs so closely linked with each other that they
meet the requirement of the uni ty of an industrial design).
The application for an industrial design must include:
1) the application for granting of a preliminary patent or a patent with specification ofthe author (authors) of an industrial design  and a person (persons), on whose name the
preliminary patent or a patent is requested, as well as the place of their residence ordestination;2)set of depiction of an article (model) which give full and detailed idea of the
exterior of an article.3) the draught of the whole exterior of an article, ergonomic scheme, confection map,
if they are necessary for the disclosure of the essence of an industrial design;
4)  description of the industrial design;
5)  the list of its essential features.
The application for an industrial design shall be enclosed with the document that
proves payment of a due fee in the establis hed amount or grounds for the exemption from
payment of fee as well as reduction of the amount which may be provided at submission of
an application or within two months unde r condition of payment of additional fee.
The application is considered to be withdr awn if this document is not provided in the
established term.
The date of file of an application with Kyrgyzpatent is set as of the date of receipt of
the documents  necessary to establish the priori ty pursuant to the requirement of paragraph 2,
Article 21 of the present Law, but if these documents are not presented simultaneously, than
it is established on the date of receipt of  the last one of the documents presented.
Other requirements to the documents of th e application for an invention shall be
established by Kyrgyzpatent.
Article 21. Priority of Invention, Utility Model, Industrial Design
Priority of an invention and utility model shall be established on the date of file of an
application with Kyrgyzpatent which contains an application for the grant of a preliminarypatent, patent, or certificate, description, formula and draughts, if there is a reference thereto
in the description.
Priority of an industrial design  shall be established on the date  of file of an application
containing an application for the grant of a patent, preliminary patent , a set of depiction, a
description and the list of essential features of an  industrial design;   .IP/N/1/KGZ/P/1
Page 16
Priority may be established on the date of filing of the original application in a
country member of the Paris Convention on Protection of Industrial Property (convention
priority) if the application for an invention or a utility model is filed with Kyrgyzpatentduring twelve months, and the application for an industrial design, during six months from
said date.
If due to the circumstances beyond control of an applicant the application claiming
convention priority could not be filed within the require d term, the time period may be
extended but not more than for two months.
An applicant wishing to use the right of convention priority must indicate this during
filing of an application or during two months from the date of file of an application withKyrgyzpatent and attach a copy of the initial application or present it not later than threemonths from the date of receipt of  the application by Kyrgyzpatent.
Priority may be established on the date of submission the additional materials if they
have been prepared by an applicant as an inde pendent application filed before expiration of a
three months term from the date of receipt a notification from Kyrgyzpatent to the effect thatit is not possible to accept additional documents si nce they are deemed to change the essence
of the matter claimed.
Priority may be established on the date of submission to Kyrgyzpatent an earlier
application of the same applican t disclosing that invention, u tility model, industrial design if
the application on which the priority is sought  has been filed not la ter than twelve months
from the date of filing of an earlier application for invention and six months in case of anearlier application for a utility model, an indus trial design An earlie r application shall be
considered withdrawn.
Priority may be established on the basis of  several earlier file d applications, under
condition that the established terms are observed for each of them.
Priority may not be established on the date  of file of an application on which an
earlier priority was sought.
Priority of an invention, utility model, indus trial design on select ed application shall
be established on the date of filing an initial application with Kyrgyzpatent disclosing thisobject of industrial property, if selected appli cation is filed before the decision to refuse to
grant a protected document on the initial applica tion is made and the opportunity to appeal is
exhausted and in the case of granting a protect ed document on that application, before the
date of registration of the object of i ndustrial property in the State Register.
If during the examination it is established th at identical objects of industrial property
have the same priority date, the protected do cument shall be grante d on the application for
which an earlier mailing date to Kyrgyzpatent is proved, and if these dates coincide, on theapplication having an earlier re gistration number of Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 17
Article 22. Correction of the Application Docu ments on the Initiati ve of the Applicant
During two months from the date of receipt of the application, an  applicant shall have
the right to introduce amendments and specifica tions to the documents without changing the
essence of the claimed object  of an industrial property.
 Such amendments and specifications may be submitted on the applications for the
objects of industrial property and after expira tion of the indicated term, under condition of
payment of the fee, but no later than the de cision to grant a protected document is made.
Article 23.  Formal and Preliminary Examinat ion of the Application for an Invention
Kyrgyzpatent shall conduct formal examina tion after expiration of two months as of
the date of submission of an application.
At the petition of the applicant, formal expertise may be started before expiration of
the indicated term. In this event, the applicant shall be deprived of the right, provided byparagraph 1, Article 22 of this Law, form the moment of submission of the petition.
In the course of formal examination of the application, compos ition of the necessary
documents, stipulated in Article 18 of this Law shall be examined, as well as correctness oftheir filling, and compliance of the solution cl aimed with the objects of industrial property,
for which the legal protection is provided.
If the application meets all the requirements of formal expertise, a notification that the
application is accepted for considera tion shall be sent to the applicant.
If in the result of the formal expertise it is established that the application is submitted
for a decision, which is not referred to the obj ects, to which legal protection is granted, a
notification shall be sent to the applicant, that the application cannot be accepted for
consideration.
On expiration of the stage of formal expertise on the application for invention, a
preliminary expertise shall be c onducted within twelve months.
While conducting preliminary expe rtise, compliance of the cl aimed invention with the
criteria of patentability of the materials of an application provided by the applicant, the fundof issued protected documents of the Kyrgyz Republic, as well as non-withdrawn
applications with an earlier priority shall be checked.
If the applicant, in accordance with Ar ticle 22 of this Law,  provided additional
materials, in the course of the preliminary expertise it shall be checked, that they do notchange the essence of the claimed invention.IP/N/1/KGZ/P/1
Page 18
Additional materials shall change the essence of the claimed invention if they contain
features that are supposed to be included into  the formula of an invention which have been
absent from the initial materials of an application. Additional materials of the part, which
change the essence of the claimed invention, sh all be taken into account in the course of
consideration of an applicati on and may be registered by the applicant as an independent
application.
On applications, which had been filed in violation of the requirements of unity, an
applicant shall be offered to inform, within  two months period, which of the proposals must
be considered, and clarify doc uments of the application.
Other decisions, included in the materials of  the initial application, may be formalized
as separate applications.
In the event, if the applicant within two months from the date of receipt of the
notification on the violation of the requirement of the unity of an invention does not inform
which of the proposals should be considered and does not submit clarifying documents, the
first mentioned in the formula proposal shall be considered.
On the application, filed in violation of the established requirements to the form and
composition, a request to provide amended or missing materials sh all be sent to the applicant
within two months from the date of its receipt.
In the event, if the applicant fails to provide required materials or the petition for
extension of the established term, within the indicated term, the application shall be deemedwithdrawn.
On the application which has past preliminary expertise with a positive result, a
decision to grant preliminary patent shall be made which is granted under responsibility of
the applicant.
In the event if the decision to grant a preliminary patent at the request of the applicant
was made before expiration of 12 months from the date of file of an application with
Kyrgyzpatent and a similar applic ation with the claim of the earliest conven tional priority
was received during aforementioned term, th e decision on granting shall be deemed as
canceled.
In the event of receipt the petition to c onduct expertise on the essence simultaneously
with the materials of the application or before  the expiration of two months period after the
decision to grant the preliminary patent is made, the preliminary patent shall not be grantedon the application of an applicant.
If in the result of the preliminary expertis e it is established that the claimed proposal
is not patentable under conditions  set forth in this Article, a decision on refusal to grant a
preliminary patent shall be made.IP/N/1/KGZ/P/1
Page 19
The applicant may file an objection to this  decision with the A ppellate Council within
two months after the receipt of refusal to grant a preliminary patent . The Appellate Council
must consider the objection within two months as of the date of its receipt.
In the event the applicant does not agree w ith the decision of the Appellate Council he
may appeal to court within six months as of the date of its receipt.
Article 24. Examination of Application for Invention on Essence\Substance
At the request of an applicant or third parties which may be submitted within five
years as of the date of file of an applica tion, Kyrgyzpatent shall c onduct scientific-technical
examination of the substance of applications that has passed preliminary examination with apositive result, within twenty four months. An applicant shall be notif ied about the requests,
filed by the third parties.
During examination of an application on substance Kyrgyzpatent shall be entitled to
request the applicant to submit materials without which examination procedure is not
possible, including changed formula of the invention.
Additional documents on the request of examination shall be submitted without
changing the essence of the invention during tw o months from the date of receipt the request.
The order established by Article 23 of this  Law shall extent to additional documents
in the part that changes the essence of an invention.
If in the result of scientific-technological  examination of an application on essence
Kyrgyzpatent finds that the claimed proposal, w ithin the scope of lega l protection required by
an applicant, meets the requirements of patentab ility of the invention, es tablished by Article 5
of this Law,  the decision to grant a patent with the formula of an invention suggested and
agreed with the applicant is made.
If the claimed proposal does not meet the requirements of pate ntability within the
scope of legal protection require d by an applicant the decision on rejection to grant a patent
shall be issued.
The applicant may file an objection against the decision on rejection to grant a patent
with the Appellate Counc il during three months from the date of its receipt. The objection
must be reviewed by the Appe llate Council during four months from the date of its receipt.
Should the applicant not agree with the decision of the Appellate Council he may,
within six months from the date of its receipt, appeal to court.
The applicant shall have the right to familiarize himself with all the materials
indicated in the decision of examination or in th e search report. Copies of the patent materials
requested by the applicant shall be sent by  Kyrgyzpatent during one month from receipt of
the request.IP/N/1/KGZ/P/1
Page 20
The terms provided in Article 23 and this Article of the present Law, except for the
terms established in paragraph 20 of Article 23 of this Law a nd paragraphs 1 and 8 of this
Article, elapsed by the applicant, may be reinstated by Kyrgyzpatent in the presence of proofof excusable reasons and payment of the fee.
The petition to reinstate the term may be filed by an applicant not later than twelve
months from the date of expi ration of the elapsed term.
Article 25. Examination of the Application for a Utility Model
Examination of the application for utility model shall consist of formal and
preliminary examination.
During the examination of an application for utility model the provisions of Article 23
of the present Law shall be applied. If it is found during examination th at the application has
been filed for a proposal related to the pa tentable objects and its documents prepared
correctly the decision to grant a certificate shall be made.
Article 26. Reorganizat ion of Applications
Before publication of the information on preliminary patent, patent for an invention,
an applicant has the right to reorganize the application for invention by filling an appropriatedeclaration to the application for the utility model. Reorganization of the application forutility model into an application for the invention is possible before the decision on grantingof a certificate is made.
In the case of indicated reorganizations of  applications the priority of the first
application is preserved.
Reorganization of applications  shall be exercised under th e payment of an appropriate
fee.
Article 27. Examination of the App lication for an Industrial Design
The Kyrgyzpatent shall conduct formal, pr eliminary and substan tial examination of
the application for an industrial design.
During formal and preliminary examination of  the application for an industrial design
provisions of Article 23 of this Law shall be applied.
During substance examination of an appli cation provisions of Article 24 of this Law
shall be applied.IP/N/1/KGZ/P/1
Page 21
Article 28. Registration  of the Objects of Industrial Property
After the decision to grant a protected docu ment is made, provided that the fee for
registration and granting of a protected documen t is paid, Kyrgyzpatent shall enter in the
State Register of Inventions of the Kyrgyz Republic, the State Register of Utility models ofthe Kyrgyz Republic or the State Register of Industrial Designs of the Kyrgyz Republic the
invention, utility model or an industrial design respectively.
The document certifying payment of the fe e for registration and grant of a protected
document shall be provide d  within two months as of the date the applicant receives the
decision to grant a protected document or within  three months after the date of expiration of
two months term under the conditi on of payment of additional fee.
In the event the document certifying payment of the fee for registration and grant of
the protected document is not provided in the established order, registration of the object of
industrial property and grant of  the protected document shall not be carried out and the
application shall be considered withdrawn.
Article 29. Publication of the Information on Registration of the Objects of Industrial
Property
Kyrgyzpatent shall issue the official bulletin, which includes publication of the
information on registration of the objects of industrial property within six months from the
date of their registration. Kyrg yzpatent shall determine the lis t and full content of published
information.
After publication of the information on re gistration of the objects of industrial
property any person has the right to familiarize himself with the materials of applications.
Article 30.  Grant of Protected Documents
Kyrgyzpatent shall grant a protected docum ent during of three months from the date
of the official publication of the information on their registration in the official bulletin.
The protected document shall be granted on behalf of the Kyrgyz Republic and shall
be signed by the head of Kyrgyzpatent.
If there are several persons in whose name a preliminary patent, a patent or a
certificate is sought one protected document shall be granted to them.
Kyrgyzpatent shall grant the author’s certificate to the author of the object of
industrial property who is  not the patent owner
The form of protected document and author’s certificate as well as content of
indicated information therein shall be determined by Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 22
Kyrgyzpatent shall introduce corrections of  obvious and technical mistakes in granted
protected document and author’s certificate at the requirement of the patent owner and the
author.
Section VI. TERMINATION OF THE VALIDITY OF PROTECTED DOCUMENTS
Article 31. Disputes Against Protected Documents
Within the whole period of its validity a protected document may be considered
invalid in full or in part, due to the objecti on against its granting in the following cases:
1) the protected decision does not meet requirements of patentability asprovided by this law,2) the formula of the invention, utilit y model or the list of the essential
features of the industrial design c ontain features missing in the initial
documents of the application;3) author (authors) or their owners ha ve been incorrectly indicated in the
preliminary patent, patent or certificate.
 A person who filed an objection must give his/her reasons for it and submit a
document certifying payment of a fee.
An objection against the grant of a protected document on the grounds provided in
points 1) and 2) of this Article  must be examined by the Appe llate Council within the term of
six months after the date of its receipt; the patent owner must get acquainted with theobjection.
A person who filed an objection and the patent owner may participate in its
consideration. In this case, the Appellate C ouncil shall not go beyond the reasons, contained
in the objection against the grant of protected document.
Should the applicant not agree with the decision of the Appellate Council on the
objection against the grant of a protected documen t, any of the parties may, within the period
of six months from the date of making a decision, file an appeal with court.
Article 32. Premature Terminat ion of Protected Documents
The period of validity of protected document s shall be prematurely terminated ahead,
if:
1) a patent is recognized as fully invalidated pursuant to the Article 31 of this
law;
2) on the basis of a declaration filed by  the patent owner with Kyrgyzpatent if
the refusal does not violate the interests of the third parties ;3) the fee, in order to support a protected document, is not paid in theestablished term;4) cancellation of the decision on issuance of a preliminary patent incompliance with  paragraph 16, Ar ticle 23 of the present Law .IP/N/1/KGZ/P/1
Page 23
The Kyrgyzpatent shall publish informati on on premature termination of a protected
document in the Official Bulletin.
Section VII.  RIGHTS AND PRIVILEGES OF THE AUTHORS AND PATENT
OWNERS
Article 33. Rights and privileges of Authors
An author shall have the right to assign his name or a specific title to the object of
industrial property at any stage of examination of application.
The authors of most important and wide ly used inventions may be granted an
honorary title “Honored Inventor of the Kyrgyz Republic”.
Article 34. State Incentives fo r Creation and Exploitation  the Objects of Industrial
Property
In order to stimulate scien tific-technological developmen t, strengthen intellectual
potential of the Kyrgyz Republic, promote the de velopment of technical and artistic creation
as well as create and exploit the objects of indus trial property, The State Intellectual Property
Fund of the Kyrgyz Republic (hereinafter The State Fund) is being established under
Kyrgyzpatent.
The State Fund on behalf of the State has th e right to obtain the rights of the patent
owner for the patented objects of industrial proper ty in order to implement them in future and
use in the interests of the State.
The State Fund shall provide its activity in  compliance with the regulation approved
by Kyrgyzpatent.
The sources of financing of the State Fund shall be means of the republican budget,
deductions from the patent fees, collections, m eans received due to the activities of the Fund
and other receipts.
Pursuant to legislation of the Kyrgyz Republic, the State shall establish preferential
taxation as well as provide other rights and privileges to the authors and economic entitiesexploiting objects of industrial property.
Section VIII. PROTECTION OF TH E RIGHTS OF PATENT OWNERS AND
AUTHORS
Article 35. Consideration of Disputes in Court
Disputes related to the application of the present Law shall be examined in
accordance with the order established by the legislation of the Kyrgyz Republic.IP/N/1/KGZ/P/1
Page 24
The courts in accordance with their jurisdic tion, shall consider the following disputes:
1) authorship to the objects of industrial property;2) granting of a protected document;3) establishing the patent owner;4) issuance of a compulsory license;5) infringement of the exclusive ri ght to use the protected object of 
industrial property and other economic rights of the patent owner;
6) conclusion and execution of licensing agreements for the use of a protected
object of industrial property;7) right to the prior use;8) payment of remuneration to the author by the employer pursuant to theagreement stipulated in paragraph 1, Article 10 of this Law;9) other disputes related to  the protection of rights.
Article 36. Liability for Infringe ment of the Authors’ Rights
Appropriation of authorship, forced co-authorship, illegal disclosure of the
information about the object of industrial prop erty shall entail liability stipulated in the
legislation of the Kyrgyz Republic.
Section IX. FINAL PROVISIONS
Article 37. Patent Fee
The fees shall be collected for file of an application in order to grant protected
documents for the objects of industrial prope rty, examination and granting of protected
documents for the objects of industrial property, keeping them in effect, extension of validity
term and other legally valid acts. The list of actions for which the fee shall be collected, itsamount and terms of payment and also grounds fo r exemption from payment, reduction of the
amount or reimbursement of the fee shall be established by the Government of the Kyrgyz
Republic.
The fee shall be paid to Kyrgyzpatent by th e applicant, patent owner or any natural or
legal entity, under agreement with them.
All means entered the account of Kyrgyzpate nt in the form of fees, including currency
and payment for services and materials shall be  used by Kyrgyzpatent for technical provision,
creation and exploitation of au tomated system, complexion of patent information’s fund as
well as training and s timulation of the personnel.
Article 38. Patenting of the Object of Industrial Property in Foreign Countries
Submission of applications to foreign count ries for the objects of industrial property
created in the Kyrgyz Republic shall be exercised after expiration of  three months as of thedate of file of an appropriate application with Kyrgyzpatent.IP/N/1/KGZ/P/1
Page 25
In the necessary cases, Kyrgyzpatent may a llow patenting of the objects of industrial
property in foreign countries earlier than th e indicated term, after the examination of an
application for the presence of information whic h is of the state secret has been conducted in
the order established by Kyrgyzpatent.
In the event of submission of an applica tion to foreign countries or international
organizations for the object of industrial pr operty created in the Kyrgyz Republic, with
violation of the order established by the pr esent Article, the protected document for this
object of industrial property is not granted in the Kyrgyz Republic
Article 39. Rights of Foreign Natural Person s and Legal Entitles
Foreign natural persons and legal entities shall exercise  the rights provided in the
present Law and other normative legal acts re lated to legal protection of the objects of
industrial property on an equal basis with na tural persons and legal entities of the Kyrgyz
Republic by virtue of international agreements  of the Kyrgyz Republic or on the principle of
reciprocity.
Stateless persons residing in the territory of the Kyrgyz Republic shall exercise rights
provided by this Law and other acts related to legal protection of the objects of industrial
property equally with natural persons and legal entities of the Kyrgyz Republic, unless
otherwise follows from this Law and other acts of the legislation of the Kyrgyz Republic.
Article 40. International Agreements
If an international agreement of the Kyrgyz Republic establishes rules other than
those contained in this Law, the rules of the international agreement shall be applied.
Article 41. Implementation  of the Present Law
Implement the Law on Patent of the Kyrgyz Republic from the moment of its
publication.
President of the Kyrgyz Republic A. Akaev
Adopted by the Legislative Assembly
Of the Jogorku Kenesh of the Kyrgyz Republic            December 16, 1997
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