Unofficial translation 
  
 
   Approved  
by the Government Decree  
of the Kyrgyz Republic  from October 27, 2011 N 686  
 
RULES  
on drafting, submission and consideration of an application for  a patent  
for selection achievement   
 
(As amended by the Decree of the Government of the Kyrgyz Repub lic from September 7, 2015 No. 619) 
These Rules for drafting, submitting and considering of an appl ication for a 
patent for selection achievement have been developed in accorda nce with article 3 
of the Law of the Kyrgyz Republic "On legal protection of selec tion 
achievements". 
1. General provisions 
1. Basic terms and concepts: 
Rules  - Rules for drafting, submitting and considering of an applica tion for a 
patent for selection achievement; 
Law  -  l a w  o f  t h e  K y r g y z  R e p u b l i c  " O n  l e g a l  p r o t e c t i o n  o f  s e l e c t i o n  
achievements"; 
Kyrgyzpatent - authorized state body in the f ield of intellectual property; 
application  - application for a patent f or a selection achievement; 
application  - application for a patent f or a selection achievement; 
State register  - State register of protected breeding achievements of the Kyr gyz 
Republic; 
State center  - State center for testing varietie s and genetic resources of pla nts 
of the Ministry of agriculture a nd land reclamation of the Kyrg yz Republic; 
Gosplemtsentr  - State selection and breeding center of the Ministry of Agric ulture 
and Melioration of t he Kyrgyz Republic; UPOV -Union for the protection of new  plant varieties approved by th e 1961 
Act and further referred to in the 1972 Act, the 1978 Act and i n the International 
Convention for the protection of  new plant varieties of 2 Decem ber 1961, revised 
in Geneva on 10 November 1972,  23 October 1978, 19 March 1991. The Kyrgyz 
Republic joined in accordance with the law of the Kyrgyz Republ ic "On accession 
to the International Convention for the protection of new plant  varieties" of 14 
January 2000 N 10. 
(As amended by the government o f the Kyrgyz REPUBLIC resolution  No. 619 of September 7, 2015) 
2. Drafting and filing an a pplication for a patent for 
selection achievement  
 
2. In accordance with part 1 of article 5 of the Law, the autho r of the 
selection achievement, the employer or their legal successor (h ereinafter - the 
applicant) has the right to submit an application.  
If the selection achievement was  created during the performance  o f  a  j o b  
assignment or official duties, the right to submit an applicati on belongs to the 
employer, unless the contract between the breeder and the emplo yer provides 
otherwise.   
If a selection achievement is cr eated by several persons togeth er, they are 
granted the right to submit an application together.   
3. The application is submitted to  Kyrgyzpatent directly or sen t by mail. 
The application can be submitted by the applicant directly or t hrough a 
proxy who, according to the pow er of attorney, conducts busines s related to 
obtaining a patent.  
Individuals or legal entities of other States that do not have permanent 
residence or location in the K yrgyz Republic, conduct business to obtain a patent 
and maintain it in force through patent attorneys of the Kyrgyz  Republic, registered 
in the manner determined by the  Government of the Kyrgyz Republ ic. 
(As amended by the government o f the Kyrgyz REPUBLIC resolution  No. 619 of September 7, 2015)  
4. In accordance with article 4 of the Law, a patent is issued for a selection 
achievement that meets the crite ria for protection and relates to Botanical and 
Zoological genera and species.  
Criteria for protection of selection achievements are: - novelty; - distinguishability; - uniformity; - stability. 
5. The application must contain: - statement; - description of the variety, breed: - questionnaire of the variety that meets the requirements of t he UPOV (for 
plant varieties); 
- description of the animal breed in accordance with the existi ng 
methodology for testing farm a nimals (for animal breeds). 
6. The following documents are a ttached to the application: 
1) Document confirming payment of the established fee for filin g an 
application and conducting a pre liminary examination. The docum ent is submitted 
together with the application . If you do not submit a document confirming payment 
of the fee, the application is  considered not submitted. 
The person who has a basis for granting benefits for payment of  the fee shall 
attach the application and a copy of the document confirming th e right to benefits. 
2) Application submitted throu gh a patent attorney shall be acc ompanied by 
a duly executed power of attorney issued by the applicant and c ertifying his 
authority, or a duly certified c opy of the power of attorney. 
The power of attorney outside the Kyrgyz Republic, prepared in the manner 
and for the term provided by th e legislation of the country whe re it was committed 
and in case of doubt as to its validity at the request of Kyrgy zpatent legalized in 
consular institution of the Kyrgyz Republic, except in cases wh ere legalization is 
not required by virtue of intern ational treaties of the Kyrgyz Republic or based on 
reciprocity.  
A patent attorney who has been issued a power of attorney to re present the 
interests of individuals or legal entities of other States that  do not have permanent 
residence or location in the K yrgyz Republic must personally pe rform the actions 
for which he is authorized. He may entrust their execution to a nother patent 
attorney, if authorized to do so  by power of attorney or forced  by force of 
circumstances, to protect the interests of the person who issue d the power of 
attorney in accordance with the legislation of the Kyrgyz Repub lic. In this case, 
both of the above-mentioned duly executed powers of attorney or  their duly 
certified copies shall be submitted.  
The power of attorney must me et the following conditions: 
- signed by the person who issued it; - issued in the name of an individual registered in Kyrgyzpaten t as a patent 
attorney; 
- the power of attorney must specify the scope of the patent at torney's 
powers; 
- the power of attorney must specify the date of its execution,  without which 
it is invalid. 
If the power of attorney is issued in the name of several paten t attorneys 
registered in Kyrgyzpatent, then the case for obtaining a paten t on the application 
is conducted by any of them. 
Any action of the patent attorney to which he is authorized in the power of 
attorney is regarded as th e action of the applicant. 
3) Power of attorney issued and certified in accordance with th e 
requirements of paragraph 12 of these Rules shall be attached t o an application 
submitted by individuals or legal entities residing in the Kyrg yz Republic, which is 
processed through a proxy. 
4) Applicant who wishes to exercise the right of priority on th e basis of the 
first application must attach copies of the original applicatio n materials certified by 
the body that received them, samples or other evidence that the  selection 
achievement is the same subject of both applications, with thei r subsequent 
submission within three months from the date of filing the appl ication established 
by these Rules. 
5) Brief summary of the descri ption of the variety, breed. 
7. Application documents must be  submitted in the state or offi cial language. 
If the application documents are  submitted in a different langu age, their 
translation into the state or o fficial language is attached to the application. 
If the documents submitted during th e preliminary examination o f the 
application are submitted in a d ifferent language, they shall b e accompanied by a 
translation into the state or of ficial language. The applicant is responsible for the 
accuracy of the translation. 
8. The application is submitted in  the form given in Annex 1 to  these Rules. 
If any information cannot be placed in the appropriate boxes, t hey bring the 
same form on additional sheet, specifying in the relevant colum n of the 
application: "see anne x on additional sheet".  
The application form consists of seven sections, some of which contain 
subsections "a" and "b".  In the column " 1 (a). Applicant (s)" specify the official name  of the legal 
entity (according to the constituent document) or the surname, first name, 
patronymic of the individual (in the specified order) and the a ddress of their 
location/residence, indicating the country. 
The name of the applicant's country is indicated by the country  code 
according to the WIPO standard ST.3 (hereinafter referred to as  the country code) 
(Annex 2). If there are several applicants, you must specify th e last name, first 
name, patronymic, and addresses of all applicants. If there is not enough space for 
all the necessary information, you should enter only surnames, first names and 
patronymics, and specify the addr esses in the Appendix. If the name or address is 
changed, the applicant must notif y Kyrgyzpatent in an official letter. 
Column " 1 (b). Citizenship " is filled in if the applicant is an individual. 
In the column " 2 (a). Address for correspondence " indicates t he full address 
(in the upper corner, the postal code is entered in the squares ), phone number, Fax 
number and e-mail address (hereina fter - e-mail), (if any) of t he person authorized 
to conduct correspondence on the application. 
In the column " 2 (b). Address " the person whose address is sp ecified in 
column 2 (a) is marked with the [x] mark in the corresponding c ells. 
In the column " 3 (a). Genus, species " the name of the genus a nd species 
must be complete, for accurate identification of the variety, b reed, both by 
taxonomic affiliation (Appendix 3) a nd by production use. (For example: soft 
winter wheat, F1 hybrid corn, par ent line corn, table grapes, r ough-haired sheep, 
etc.). 
In the column " 3 (b). Genus, species " indicates the Latin nam e (in block 
letters) of the taxonomic unit (genus, species, subspecies). 
In the column " 4 (a). Proposed n ame" when selecting a name, yo u should 
follow the Law and paragr aph 9 of these Rules. 
A foreign selection achievement must have its official name in the 
applicant's language and in the  Kyrgyz (Russian) transliteratio n. 
A fee is charged for changing the name of a selection achieveme nt at the 
initiative of the applicant, after  accepting the application. 
In the column " 4 (b). Selection number " indicates the selecti on number 
assigned at the selection stages. 
In the column " 5 (a). The real (and) the author(s) is(are):": 
- if the applicant or all appli cants are authors, mark the left  square with [x]; 
- if not all applicants are authors and / or another person (s)  is the author(s), 
mark the right square with [x]. If the right square is marked, you must specify the last name, first name, 
patronymic of the author or authors and their addresses. If the  left square is 
marked, this item is not filled in.  
Column " 5 (b). Selection achievement received by the applicant  (s): "filled 
in if the right square of item 5 (a) is marked.    
The mark [x] in the corresponding cells indicates how the appli cant obtained 
the right to submit the application.  
In the column " 5 (b)."the full name and country code of the br eeding 
achievement are given.  
In the column " 6."the first application is filled in if the ap plicant wishes to 
use the priority right of the fi rst application. In this case, a request is made to 
establish priority by the date of filing of the first applicati on filed in a foreign 
country with which the Kyrgyz Republic is bound by a bilateral or multilateral 
international Treaty on the protection of plant varieties and a nimal breeds, if the 
application was received by Kyr gyzpatent within twelve months f rom the specified 
date.  
Also filled with the country code of the filing, the filing dat e assigned the 
application number, the stage of the application and the name o f the selection 
achievement. 
The stage of consideration of the  application is indicated by t he code: 
- "A" - the application is pending; - "B" - application withdrawn; - "C" - the application is sa tisfied, the patent is issued. 
In the column " 7. Was the varie ty (breed) offered for sale or sold": 
"(a) in the country of applicati on: "if the variety (breed) was  sold or 
if it was offered for sale in the Kyrgyz Republic, it is necess ary to mark the 
right square with the [x] sign and specify the first date and n ame under which it 
was offered for sale.  
If the variety (breed) was not sold or offered for sale, the le ft square should 
be marked with the [x] sign. 
"(b)in other countries: "is filled in the same way, in addition , you must 
specify the country code. 
The column "application documents Attached to the application" is filled in 
by placing the sign [x] in the appropriate cells.  Square 1. "The description of t he selection achievement". It is  drawn up on a 
special form for the corresponding genus or species. 
For plant varieties, a variety questionnaire (corresponding to the UPOV 
requirements) is attached. 
For animal breeds - description in accordance with the existing  methodology 
for testing farm animals. 
Square 2. "Proxy". When submitting an application through a pro xy or 
patent attorney, a power of attorney must be attached. 
Square 3. "Copy of the first application" and its translation i nto the state or 
official language (if it is attached). 
Square 4. "Document confirming pa yment of the application fee a nd 
preliminary examination". 
Applicants who are entitled to a reduced rate must provide docu ments 
confirming this right. 
Square 5. "Photos". The "X" mark in the specified square marks the photos 
attached to the description of the selection achievement. 
Square 6. "Abstract". Brief summa ry of the selection achievemen t 
description (no more tha n one typewritten sheet). 
Squares 7, 8 - names of other a ttached documents (application f or benefits 
for payment of duties, etc.). 
In cases where the applicant is not the author, the applicant c onfirms in the 
application that there is a cont ract with the author(s) of the selection achievement. 
The application form is filled out on a typewriter or computer.  
Botanical definitions are indicated  in Latin script and block l etters. 
The application is signed by the applicant. If the applicant is  a legal entity, 
the application is signed by the head or authorized person, the  position of the 
signatory is indicated, and the signature is sealed. If there a re several applicants, 
the application is sig ned by all applicants. 
The signature on the application is decrypted with the initials  and names of 
the signers. In the case of bringing any of the information on an additional sheet he 
signed in the same manner. The pre sence of the signature of the  applicants or the 
patent attorney on the add itional sheet is mandatory. 
When submitting an application thro ugh a patent attorney, the a pplication is 
signed by the patent attorney. 
9. The description of the selec tion achievement must contain: - name of the genus and species; 
- the proposed name of the sel ection achievement and the select ion number; 
- the origin of the selection achievement indicating the method  of creation 
and the original (parent) forms; 
- 9x12 or 13x18 color photographs ( if necessary), certified on the reverse 
side with the applicant's signatu re and seal (if available). 
On a white background with the scales presented pictures of flo wers: a bud, 
flower form top, side, bottom,  flowers, reproductive parts of p lants: stalks, cobs, 
panicles, grains, fruits, berries, tubers, roots etc. and norma lly developed plants in 
the phase of economic use.  
For perennial tree crops: the entire tree or shrub and its indi vidual parts 
(annual seedling, fruiting orga ns, shoot, leaf, clusters, fruit s, etc.).  
By animal breed: images that characterize the appearance and ch aracteristics 
of the breed; 
- features of maintenance and breeding of the selection achieve ment; 
- signs of selection achievement that characterize distinctive features; 
- names of similar selection ac hievements and signs by which th ey differ 
from the claimed selection achievement; 
- special conditions for testing th e selection achievement for distinctness, 
uniformity and stability (if any). 
The description of the variety ( breed) is signed by the applica nt (s). 
If the application is submitted for a multi-line variety (breed ) or population 
(self-pollinators and vegetatively propagated plants), it must contain questionnaires 
for all lines of this variety ( breed), indicating their percent age. 
10. Application documents must be  processed in such a way that they can be 
directly reproduced in an unlimited number of copies. 
Each sheet is used only on one side, with rows parallel to the smaller side of 
the sheet. 
Sheets should not be crumpled or torn and should not have kinks . The sheets 
must have a format of 210x297 mm. the Fields on the sheets cont aining a brief 
description of the selection achievement are executed: 
- upper - 20-40 mm; - right and bottom - 20-30 mm; - left - 25-40 mm. Document sheets are numbered with Arabic numerals in the upper- right 
corner of the sheet.  
Application documents are printed on strong, white, smooth, non -shiny 
paper, in black font. Texts desc ribing the selection achievemen t, references, and 
responses to preliminary examination requests are printed at 1. 5 intervals with a 
height of capital letters of at least 2.1 mm.  
In the questionnaire of the variety, the image of parts of the plant drawn by 
hand with ink (ink) of bl ack color is allowed. 
11. A selection achievement must have a name indicating its anc estral 
origin. 
The name of the selection achievement should allow identifying the 
selection achievement, be short, and differ from the names of e xisting selection 
achievements of the same or similar Botanical or Zoological gen us. It should not 
consist of only numbers, mislead  about the properties, origin, value of the selection 
achievement, the personality of the breeder, contradict the pri nciples of public 
morality.  
All taxonomic units are considered closely related if they belo ng to the same 
Botanical genus or belong to the  same class listed in Annex 3 t o these Rules.  
The name of a selection achieveme nt in applications for protect ion of a 
selection achievement submitted in the Kyrgyz Republic and othe r States must be 
identical and acceptable on the te rritory of the Kyrgyz Republi c.  
3. Conducting business  with Kyrgyzpatent  
12. To submit an application, conduct correspondence after it i s submitted 
and protect their interests when considering the application, t he applicant has the 
right to appoint a proxy with the issuance of a duly executed p ower of attorney, in 
accordance with the procedure provided for in these Rules. 
Individuals or legal entities of other States that do not have permanent 
residence or location in the K yrgyz Republic, conduct business to obtain a patent 
and maintain it in force through patent attorneys of the Kyrgyz  Republic, registered 
in the manner determined by Th e government of the Kyrgyz Republ ic. 
For other applicants, one of the applicants, if there are sever al of them, the 
author of the selection achievement, the patent attorney or ano ther person may be 
specified as a proxy. 
A power of attorney issued by an individual or legal entity to a Trustee, 
issued in the Kyrgyz Republic, is made in simple written form a nd does not require 
notarization. The power of attorney for representation must be submitted at t he time of 
filing the application or within two months from the date of fi ling the application. 
Before submitting the power of atto rney, the actions performed by the authorized 
person are considered invalid and are not taken into account. 
Any action of a Trustee that he is authorized to perform by pro xy or any 
action of Kyrgyzpatent in relati on to him has the same conseque nces as the actions 
of the applicant or in re lation to the applicant.  
Representation is valid until th e powers specified in the power  of attorney 
are exhausted, their validity p eriod expires, or until Kyrgyzpa tent is notified of the 
termination of powers. 
The appointment of a proxy may be canceled by the applicant by submitting 
a written application. 
(As amended by the government o f the Kyrgyz REPUBLIC resolution  No. 619 of September 7, 2015) 
13. Correspondence is  conducted by the applicant or his authori zed 
representative for each a pplication separately.   
Materials sent after the applic ation is submitted must contain the application 
number and the signature of the applicant or his authorized rep resentative. 
Materials that do not contain the application number are return ed without 
consideration if the numbe r cannot be set indirectly. 
Materials sent in the course of the application process are sub mitted within 
the time limits established by Law. If the last day of the term  falls on a non-
working day, the day of the end of the term is considered to be  the next working 
day following it. If the deadline falls on a month that does no t have a 
corresponding date, the deadline e xpires on the last day of tha t month. 
If the correspondence on the application is carried out by an a uthorized 
representative of the applicant, the terms of submission of mat erials in connection 
with the correspondence of Kyrgyz patent are calculated from the  moment of 
receipt of this correspondence. 
Documentation in Kyrgyzpatent i s conducted in the state or offi cial 
language. The materials submitte d by the applicant in a differe nt language must be 
accompanied by their translation into the state or official lan guage. Thus, for 
purposes of determining the applicant's execution of the establ ished deadlines for 
submission of materials, the mat erial presented in another lang uage, are considered 
submitted on the date of receipt in Kyrgyzpatent if the transfe r was received within 
two months from the date of rece ipt of materials in another lan guage, otherwise, 
the content to be presented on th e date of receipt of the trans lation. 
Prior to the submission of the t ranslation, materials submitted  in a different 
language are considered not received. 14. From the moment the application is submitted and until Kyrg yzpatent 
notifies the applicant of the acc eptance of the application for  consideration, the 
applicant has the right to Supplement, correct or clarify the a pplication materials 
on its own initiative without cha nging the essence of the claim ed selection 
achievement, subject to payment of the fee.  
If the document on payment of the fee is not submitted or the a mount of the 
paid fee does not correspond to t he established amounts, the ch anges are not taken 
into account when considering the application. 
Correction and clarification of  application documents are carri ed out by 
submitting replacement sheets. Replacement sheets shall be subm itted for each 
copy of the relevant application document in the state or offic ial language or 
translation of the document into the state or official language  and must meet the 
requirements of these Rules. 
If the corrections relate to typos, stylistic errors, errors in  the indication of 
bibliographic data, etc.and the correction of the document will  not lead to negative 
consequences for the clarity of reproduction, the need for corr ections may be 
expressed in the applicant's letter without submitting replacem ent sheets. 
If the name of the selection ach ievement does not meet the requ irements of 
the Law, the applicant must change the name of the selection ac hievement. The 
document confirming payment of the fee is submitted together wi th the application 
for changing the name. If the application is not accompanied by  a document 
confirming payment of the fee in the prescribed amount, the app lication is 
considered not submitted.  
15. The applicant has the right t o get acquainted with the mate rials used 
during the examination, to monito r the progress of the tests.  
Copies of the requested materials are sent within a month from the date of 
receipt of the applicant's reque st, subject to payment of the c orresponding fee.  
16. Consideration of issues relat ed to the application with the  participation of 
the applicant is carried out at the suggestion of Kyrgyzpatent or at the request of 
the applicant after both partie s are familiar with these issues . Questions about the 
application that arise during the preliminary examination are s et out in the request, 
which additionally informs about  the appropriateness of the mee ting, the 
applicant's questions are set out in the request for its conduc t. 
The response to the request is submitted by the applicant withi n the time 
limit established by Law, regardless of whether the applicant i ntends to participate 
in the examination of the application. 
The date and time of considerati on of the application shall be agreed upon in 
advance. If circumstances change, the party that is not able to  participate in the review of the application at t he appointed time immediately not ifies the other 
party. 
If Kyrgyzpatent or the applicant consider the joint considerati on of the 
application premature or inappropriate, the proposal of Kyrgyzp atent or the request 
of the applicant is rejected w ith the relevant arguments. 
Upon arrival of the applicant in Kyrgyzpatent without prior app roval, the 
applicant's request for consideration of the application with h is participation is 
refused. 
Consideration of the application with the participation of the applicant is 
carried out through negotiations. 
Based on the results of negotiations, a Protocol may be drawn u p containing 
arguments and proposals made by the parties, and conclusions ab out further 
record-keeping. 
The Protocol may contain changes proposed by the applicant, que stions that 
arose during the preliminary ex amination, requiring written exp lanations, etc. 
If there is no agreement on the issues under discussion, the Pr otocol may 
contain dissenting opinions of the reviewers. 
The Protocol is signed by the reviewers and attached to the app lication 
materials. 
17. In accordance with part 6 of article 11 of the Law, the dea dline for 
submitting a response to a request  or notification provided for  in parts 4 and 5 of 
article 11 of the Law may be extended to six months if the rele vant application is 
submitted and there are valid reasons. 
Together with the application, a  document confirming the paymen t of the fee 
for the extension of the term in  the prescribed amount is submi tted. If such a 
document is not submitted, the a pplication is considered unsubs tantiated. 
The request for extension of the term is submitted within two m onths from 
the date of receipt of the r equest by the applicant. 
The applicant is notified of the extension of the deadline for submitting the 
requested materials. 
If the deadline for submitting the application is not met, the applicant's 
request is not satisfied, and the application is considered wit hdrawn. 
18. In accordance with part 5 of a rticle 15 of the Law, the fol lowing 
deadlines that the applican t missed may be restored: 
- response to the preliminary ex amination request for submissio n of 
corrected or missing materials; - response to the notification of  the preliminary examination o n changing the 
name of the selection achievement; 
- filing an objection to the app eal Board of Kyrgyzpatent (here inafter-the 
Appeal Board) on the decision to  refuse to grant a patent. 
The petition for reinstatement of term served by the applicant no later than 
six months from the date of expiry of the missed deadline with proof of valid 
reasons why the deadline was missed. Kyrgyzpatent has the right  to request 
documentary confirmation of the  presence of these reasons. 
Together with the application, a  document confirming the paymen t of the 
corresponding fee in the pre scribed amount is submitted. 
If such a document is not submitte d, the application is conside red 
unsubstantiated, and the applicant is notified of this. 
The applicant is notified of the  restoration of the missed dead line. 
4. Consideration of the application in Kyrgyzpatent 
19. The application materials re ceived by Kyrgyzpatent are assi gned an 
incoming number and the date o f their receipt is fixed.  
The applicant or his representa tive is issued a receipt for acc eptance of the 
application materials indicati ng the incoming number, the date of receipt, and the 
number of sheets of a ccepted documents.  
At presence in the documents s ubmitted the request, the descrip tion of the 
variety or breed and document about payment of the fee for fili ng and preliminary 
examination, or exemption from p ayment of duties or providing g rounds for 
reduction of its size, is set to the date of filing with Kyrgyz patent and the 
application is assigned a registration number (four digits sign ificant digits indicate 
the year of filing of the application, the following two digits  indicates the serial 
number of the application in a series this year, the figure 5 a fter the point - symbol 
selection achievements). 
Information about the applicati on for selection achievement fro m the 
moment it is received by Kyrgyzpatent until the publication of information about 
the application is considered confidential and is not subject t o illegal disclosure. 
20. In accordance with part 1 of article 11 of the Law, the pre liminary 
examination is carried out within two months from the date of f iling an application 
with Kyrgyzpatent. 
During the preliminary examinati on of the application, it is ch ecked: 
- the composition of the application and the documents attached  t o  i t ,  a s  
defined in paragraphs 5  and 6 of these Rules; - correct execution of documents in accordance with the require ments of 
paragraphs 6-11 of these Rules; 
- compliance with the rules for filing an application in cases of filing an 
application through a patent a ttorney, including the availabili ty and 
correctness of a power of attorney certifying the powers of the  patent 
attorney; 
- name of the selection achievement in accordance with paragrap h 23 of 
these Rules; 
- novelty of the declared selection achievement in accordance w ith 
paragraph 24 of these Rules. 
The priority of selection achieve ment is set in accordance with  parts 1-4 of 
article 9 of the Law and para graph 25 of these Rules.  
The power of attorney for representation must be submitted at t he time of 
filing the application or within two months from the date of fi ling the application. 
Before submitting the power of atto rney, the actions performed by the authorized 
person are considered invalid a nd are not taken into account.  
Any action of a Trustee that he is authorized to perform by pro xy or any 
action of Kyrgyzpatent in relati on to him has the same conseque nces as the actions 
of the applicant or in re lation to the applicant. 
Representation is valid until th e powers specified in the power  of attorney 
are exhausted, their validity p eriod expires, or until Kyrgyzpa tent is notified of the 
termination of powers. 
The appointment of a proxy may be canceled by the applicant by submitting 
a written application. 
(As amended by the government o f the Kyrgyz REPUBLIC resolution  No. 619 of September 7, 2015) 
20. In accordance with part 1 of article 11 of the Law, the pre liminary examination 
i s  c a r r i e d  o u t  w i t h i n  t w o  m o n t h s  f r o m  t h e  d a t e  o f  f i l i n g  a n  a p p lication with 
Kyrgyzpatent. 
During the preliminary examinati on of the application, it is ch ecked: 
- the composition of the application and the documents attached  to it, as defined in 
paragraphs 5 and 6 of these Rules; 
- correct execution of documents in accordance with the require ments of 
paragraphs 6-11 of these Rules; 
- compliance with the rules for  filing an application in cases of filing an application 
through a patent attorney, including the availability and corre ctness of a power of 
attorney certifying the power s of the patent attorney; - name of the selection achievement in accordance with paragrap h 23 of these 
Rules; 
- novelty of the declared selection achievement in accordance w ith paragraph 24 of 
these Rules. 
The priority of selection achieve ment is set in accordance with  parts 1-4 of 
article 9 of the Law and pa ragraph 25 of these Rules. 
21. In accordance with part 4 of article 11 of the Act, if duri ng the 
preliminary examination it is established that the application is filed with violation 
of requirements to the design a nd preparation of documents or f or examination 
purposes requires additional mate rials, the applicant sent a re quest, indicating the 
deficiencies and the proposal within two months from the date o f receipt to present 
corrected or missing materials.  
The basis for the request, in particular, is:  - the absence in the application of at least one of the documen ts provided for 
in paragraph 6 of these Rules; 
- no translation of documents into Kyrgyz or Russian, if the do cuments are 
presented in another language; 
-  a b s e n c e  o f  a  p o w e r  o f  a t t o r n e y  f o r  r e p r e s e n t a t i o n  o r  v i o l a t i o n of the 
requirements for its registration; 
- submission of application docume nts in the number of copies l ess than the 
established number; 
- absence in the application of t he required information, signa tures, seal 
impression (when necessary) or o ther details provided for by th ese Rules; 
- identification of shortcomings in the design of documents tha t prevent their 
publication, storage and/or make it impossible to familiarize i nterested 
parties with them (violation of t he requirements for the format  of sheets, 
field sizes, etc., print quality, making it difficult to read t he application 
materials, etc.); 
- the need to clarify issues rel ated to the correct payment of fees. 
If the applicant shall not submit requested documents or petiti on for 
prolongation of term of their p resentation subject to the condi tions provided by 
these Rules, the application is considered withdrawn, the appli cant is notified. No 
further legally significant acti ons are performed on the withdr awn application. 
22. When additional materials are received that correct or clar ify the 
application documents (i.e. subject to inclusion in the content ) and submitted at the 
initiative of the applicant or at the request of the preliminar y examination, 
compliance with the establis hed deadlines is checked. When checking the applicant's compliance with the calculation o f deadlines, 
these Rules should be followed. 
If it is established that the applicant submitted additional ma terials in 
violation of the specified terms and these terms were not exten ded in accordance 
with these Rules, the application is considered withdrawn, and the applicant is 
notified of this. 
When additional materials are submitted by the applicant on the ir own 
initiative or at the request of Ky rgyzpatent and accepted for c onsideration, they are 
c h e c k e d  f o r  t h e  p o s s i b i l i t y  o f  c h a n g i n g  t h e  e s s e n c e  o f  t h e  c l a i med selection 
achievement. 
23. Verification of the name of the selection achievement is ca rried out in 
accordance with the requirements of article 8 of the Law and pa ragraph 11 of these 
Rules. 
If during the preliminary examination of the application it is established that 
the name of the selection achievement does not meet the establi shed requirements, 
the applicant is notified with a  proposal to submit another nam e within two months 
from the date of its receipt. 
If the applicant shall not submit another denomination of the s election 
achievement or the petition for prolongation of term of its pre sentation subject to 
the conditions provided by these Rules, the application is cons idered withdrawn, 
the applicant is notified. No further legally significant actio ns are performed on the 
withdrawn application. 
When testing proposed by the applicant of the selection achieve ment shall 
consist of a search for the fo llowing sources of information: 
- UPOV database containing inform ation on previously registered  varieties 
in UPOV member States; 
- application materials submitted  by the applicant at the time of completion 
of the preliminary examination; 
- selection achievements register ed in the relevant State regis ter. 
24. A selection achievement is c onsidered new if, on the date o f filing the 
application, the seeds or breeding material of this selection a chievement were not 
sold or otherwise transferred to other persons by the breeder, his successor or with 
their consent for the use of the  selection achievement on the t erritory of the Kyrgyz 
Republic earlier than one year before this date, or on the terr itory of another state 
earlier than four years, or, if this applies to grapes, tree or namental and fruit crops, 
earlier than six years before this date. 
Data on the sale or offer for sa le are provided by the applican t in column 7 
of the application (Annex 1). The applicant is responsible for  the submitted data according t o the novelty 
criterion.   
25. Setting the priority of sel ection achievement is carried ou t by: 
- the date of filing the app lication with Kyrgyzpatent;  
- the date of submission of the first application in a foreign country with 
which the Kyrgyz Republic is bound by a bilateral or multilater al 
international Treaty on the prot ection of plant varieties and a nimal breeds, 
which the Kyrgyz Republic is a party to, if the application was  received by 
Kyrgyzpatent within twelve mont hs from the specified date. 
26. Priority is set by the date  of filing an application with K yrgyzpatent, 
unless an earlier priority is re quested for the application. 
27. When setting the priority by the date of filing the first a pplication in a 
foreign country, it is checked for: 
- compliance by the applicant with the obligation established b y part 4 of 
article 9 of the Law to indicate priority when submitting an ap plication 
(column 6 of the application, Annex 1); 
- compliance by the applicant w ith the twelve-month period star ting from the 
date of filing the first app lication in a foreign country; 
- compliance deadline (for three months from the date of applic ation) copies 
of the initial application materials certified by the receiving  authority as well 
as samples or other evidence tha t the selection achievement of both 
applications is the same. 
The applicant can provide any ne cessary information, documents or 
materials required for the pur pose of the examination: 
- within two years after the expiration of the priority; 
- or, in cases where the first a pplication is rejected or withd rawn. 
28. If the application contains all the necessary documents iss ued in 
accordance with the requirements of these Rules and the name of  the selection 
achievement meets the requirements, the applicant is notified o f the acceptance of 
the application fo r consideration. 
If the application does not request an earlier priority than th e date of filing 
the application with Kyrgyzpatent , the applicant is also notifi ed of the priority of 
the selection achievement. 
29. In accordance with part 1 of article 12 of the Law, Kyrgyzp atent shall 
publish information about the application in the official Bulle tin no later than four months from the date of completi on of the preliminary examinati on of the 
application. Published in formation consists of: 
- registration number of the application; 
- application dates; - priority dates of the application; - name of the applicant (s)); - names of selection achievements; - selection number (if available); 
- genus, species; - name of the author (s) of the selection achievement; 
- a brief summary of the description. After the publication of informa tion about the application, any  person has 
the right to read its materials. The corresponding fee is paid for familiarization 
with the application materials. 
The publication of information about the application is not mad e in cases 
where, before the expiration of the publication period, a decis ion was made to 
grant a patent for this application, or it was withdrawn, or a decision was made to 
refuse to grant a patent, the possibility of appeal of which ha s been exhausted. 
30. Within six months from the date of publication of the appli cation, any 
interested person can submit a claim for novelty in the form of  an objection to the 
Appeal Board. A document confirming payment of the fee for fili ng and 
consideration of the objection shall be attached to the objecti on. 
(Paragraph 2 has no force in acco rdance with the Decree of the Government of the Kyrgyz 
Republic dated September 7, 2015 No. 619) 
The appeal is considered by the Appeal Board within four months  from the 
date of its receipt. 
(Paragraph 4 has no force in acco rdance with the Decree of the Government of the Kyrgyz 
Republic dated September 7, 2015 No. 619) 
(Paragraph 5 has no force in acco rdance with the Decree of the Government of the Kyrgyz 
Republic dated September 7, 2015 No. 619) 
The decision of the Appeal Board c an be appealed to the court b y the 
applicant within six months f rom the date of its receipt. 
(As amended by the government o f the Kyrgyz REPUBLIC resolution  No. 619 of September 7, 2015) 31. If the preliminary examina tion results are positive, the ap plication 
materials are sent to test the selection achievement for distin ctness, uniformity and 
stability. 
Tests of plant varieties are carried out subject to payment of the established 
fee. 
The document confirming payment fee shall be provided depending  on the 
form of the claimed selection ac hievement in the state or in Go lemancer within two 
months from the date of receipt of the notification of acceptan ce of application for 
consideration. 
If a document confirming payment of the fee in the prescribed a mount is not 
submitted within the specified period, tests for compliance wit h the conditions of 
protection are not carried out. 
In the evaluation of a selecti on achievement for distinctivenes s, uniformity 
and stability of the state, Go lemancer can be based: 
- on the results of tests carried out under contracts with lega l entities and 
individuals of the Kyrgyz Repub lic or competent organizations o f foreign countries 
to test breeding achievements with which the Kyrgyz Republic is  associated with 
bilateral or multilateral agreements on the protection of plant  varieties and animal 
breeds that the Kyrgyz Republic is a party to; 
- on tests conducted by the applicant or on his behalf in the K yrgyz Republic 
or abroad. 
The state center or Gosplemtsentr may require the applicant to provide all 
necessary information, documents, or planting or breeding mater ial, as well as 
offer the applicant to conduct ce rtain tests of the variety or breed. 
The state, Golemancer the results of tests of the selection ach ievement, make 
an opinion on the conformity of selection achievement the condi tions for making 
an official description of the selection achievement. 
In the course of technical devel opment, the state center and Go splemtsentr 
have the right to Supplement the description of the selection a chievement at any 
time during the validity of the patent. 
32. If the selection achievement has passed tests for distinctn ess, uniformity 
and stability with a positive result, Kyrgyzpatent, based on th e materials of reports 
and conclusions of the state cen ter, Gosplemtsentra, decides to  issue a patent and 
sets a priority, if it was not est ablished during the prelimina ry examination. 
33. If the selection achievement has not passed the test for di stinctness, 
uniformity and stability, Kyrgyzpate nt, based on the materials of reports and 
conclusions of the state center,  Gosplemtsentra, decides to ref use to issue a patent. The decision additionally States the right of the applicant, in  case of 
disagreement with the decision, t o request copies of the materi als opposed to the 
application, as well as full info rmation about the results of t he tests, within two 
months from the date of its receipt. 
If you disagree with the decision to refuse to grant a patent, the applicant has 
the right to submit an objection to the decision to refuse to g rant a patent to the 
Appeal Board within three months from the date of receipt of th e decision on the 
application or copies of the m aterials requested by them, oppos ed to the 
application, and full informatio n about the results of tests.