PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
page  1 of 5     Approved by  
Resolution of the Government 
of the Kyrgyz Republic  
from May 27, 2002 N 336  
 
 
PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
(As amended by the Resolutions of Government of the Kyrgyz Republic as of  September 30, 2002 
No. 665, October 13, 2016 No. 544)  
 
See: Kyrgyzpatent's Order No. 315 of August 13, 2004 (On Approval of 
the Rules for Registration of the Innovation Proposal in the Kyrgyz 
Republic)  
 
I. General Provisions  
 
1. These Regulations regulate property, as well as rel ated personal non -property relations 
arising in connection with the creation, legal protection and use of rationalization proposals. 
2. The rationalization proposal recognizes a technical, organizational or other proposal that 
is new and useful to the ente rprise.  
3. For the purposes of this Regulation, an enterprise is any legal entity formed in 
accordance with the Civil Code of the Kyrgyz Republic, as well as an individual engaged in 
entrepreneurial activities.  
 
II. Conditions for the recognition of the rationalization proposal as new and useful  
 
 4. The offer is new to the enterprise if, prior to the filing of the application in the 
established form, the given or identical offer was not known at the enterprise from the sources 
available to it to a degree s ufficient for its practical use.  
It is not recognized as a circumstance affecting the novelty of the rationalization proposal, 
its practical use on the initiative of the author within no more than three months before the 
submission of the application.  
5. The proposal is considered to be useful provided that its practical use enable the 
enterprise to achieve economic or other effect.  
6. It is not recognized, in particular, by the rationalization proposal: -  a proposal that 
reduces reliability, longevity and other indicators of product quality or worsens working 
conditions and ecology; - conventional symbols, rules, normative and methodological materials; 
- a proposal concerning the appearance of products as such; -  a proposal created by engineering 
and techni cal personnel of research, design, technological organizations and similar units of 
enterprises in the process of performing a service assignment or contract work. PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
page  2 of 5 7. The rationalization proposal is checked for the presence of information constituting a 
state secret.  
The rationalization proposal, containing information whose disclosure may harm state 
interests, is classified in accordance with the legislation of the Kyrgyz Republic.  
 
III. Rights of the authors of the rationalization proposal  
 
8. The right t o a rationalization proposal is protected by this Regulation and other 
regulatory legal acts of the Kyrgyz Republic and is certified by a certificate of rationalization 
proposal that confirms the recognition of the claimed rationalization decision, priorit y and 
authorship of this rationalization proposal, and the right to receive remuneration when using it.  
9. The right of authorship to the rationalization proposal belongs to the citizen whose 
creative work he created.  
The right of authorship is an inaliena ble personal non- property right of the author and is 
protected indefinitely.  
 If the rationalization proposal is created by the joint creative work of several citizens, 
they are all considered co -authors of such a rationalization proposal  
 Citizens who provided the author of the rationalization proposal only with technical, 
organizational or material assistance, or contributed to the registration of rights to the 
rationalization proposal and its use in production, are not recognized as co -authors. 
 The proc edure for the use of rights belonging to the co -authors of the rationalization 
proposal is determined by agreement between them.  
 
IV. Formulation and submission of an application for registration of an innovation 
proposal  
10. To acknowledge the proposal, t he author submits to the State Agency for Science and 
Intellectual Property under the Government of the Kyrgyz Republic (Kyrgyzpatent) a written 
application for registration of the rationalization proposal (hereinafter - application). 
The application must relate to one decision.  
The application must contain:  
- the last name, first name, patronymic of the author, his place of residence or location, and 
the place of work;  
- a description of the nature of the proposal, including data sufficient for its use;  
- indication of the enterprise (s) to which activity (s) the rationalization proposal relates.  
The author must indicate the employer's enterprise if the rationalization proposal is 
relevant to the employer's field of activity.  
The application shall be accomp anied by a document confirming the payment of the fee for 
filing and considering the application in the prescribed amount, or the grounds for exemption 
from its payment  
The application is submitted in the state or official language.  
Other requirements to t he application are established by Kyrgyzpatent.  PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
page  3 of 5 (As amended by the Resolution of the Government of the KR dated September 30, 2002 No. 
665) 
 11. Priority rationalization proposal is determined by the date of filing the application 
in Kyrgyzpatent.  
 
 
V. Con sideration of an application for a rationalization proposal  
 
12. Within three days from the date of filing the application Kyrgyzpatent checks the accuracy of 
its registration and payment of the fee.  
 If, as a result of the audit, it is determined that the  application lacks the necessary 
information or if it is issued in violation of the established requirements, the applicant is sent a 
request with a proposal to provide, within ten days from the date of receipt, the corrected or 
missing information.  
In the  event that the applicant fails to submit the requested information within the 
prescribed time, the application is considered not to have been submitted. 
If the result of the audit is positive, Kyrgyzpatent sends an application for conclusion to the 
enterp rise specified in it.  
The enterprise shall, within one month from the date of receipt of the application, consider 
the compliance of the submitted proposal with the criteria established in clauses 2, 4 and 5 of this 
Regulation. The order of consideration of the application is established by the enterprise . 
Based on the results of the review, the enterprise sends a conclusion to Kyrgyzpatent on 
the recognition of the proposal as rationalization or on the refusal to recognize the proposal as 
rationalization.  
In case of refusal to recognize the proposal as rationalization, the conclusion shall indicate 
the reasons for which the refusal was made.  
Based on the conclusion of the enterprise on the recognition of the proposal as 
rationalization or on the refusal to recognize the proposal as rationalization, Kyrgyzpatent within 
five days from the date of its receipt shall decide on registration of the rationalization proposal or 
on refusal to register it.  
The decision on registration of the rationalization proposal or  on refusal to register it is 
sent or handed to the author within 3 working days from the date of its issuance.  
(As amended by the Resolution of the Government of the KR dated October 13, 2016 No. 
544) 
13. If the author disagrees with the decision to refus e the registration of the rationalization 
proposal, he may file an objection to Kyrgyzpatent within two months after the date of receipt. 
Kyrgyzpatent sends an objection to the enterprise that issued an opinion on the refusal to 
recognize the proposal as r ationalization.  
The objection must be considered by the Enterprise Innovation Commission (hereinafter 
referred to as the Commission) within a month from the date of its receipt.  
The author has the right to participate in the consideration of his complaint. 
The commission is created from representatives of the administration of the enterprise with 
the participation of representatives of Kyrgyzpatent and the Society of Inventors and Innovators.  PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
page  4 of 5 The conclusion of the Commission is sent to Kyrgyzpatent.  
Kyrgyzp atent on the basis of the conclusion of the Commission makes a decision. 
 
VI. Registration and issue of a certificate of rationalization proposal  
 
14. Based on the decision on registration of the rationalization proposal, Kyrgyzpatent 
shall, within five da ys from the date of receipt of the document on payment of the fee for 
registration of the rationalization proposal and issuance of a certificate of its registration, of the 
established size, register the rationalization proposal in the registry of rationalization proposals 
(hereinafter - the Register) and within a month from the date of registration issues a certificate of 
registration of the rationalization proposal.  
The fee is paid within fourteen days from the date of receipt by the author of the 
Kyrgyz patent's decision on recognition of the offer as rationalization. 
The list of information and the procedure for their entry into the Register are determined 
by Kyrgyzpatent.  
 
VII. Publication of information on registration of rationalization proposal  
 
15. At the author's request, with the permission of the enterprise and subject to payment of 
the fee for publication of registration information, information relating to the registration of the 
rationalization proposal may be published in the official bulletin of Kyrgyzpatent. The list and 
completeness of published information is determined by Kyrgyzpatent in agreement with the 
author. 
 
VIII. Use of rationalization proposal and payment of royalties  
 
16. The rationalization proposal is considered used if it is used in the manufactured 
products, technological or other process, as well as in the technical documentation transferred to 
third parties on a reimbursable basis, the license contract.  
The rationalization proposal relating to the design (device) or material  (substance) is 
recognized as being used from the day the manufacture of the product was started using the 
rationalization proposal. 
The rationalization proposal relating to the method (technology) is recognized as being 
used from the day of its applicatio n at the enterprise.  
The rationalization proposal containing the organizational decision is recognized as being 
used from the day of its application at the enterprise. 
The fact of use is confirmed by a special document (certificate) containing the name and  
registration number of the rationalization proposal, the date and place of commencement of use.  
17. If the enterprise does not begin using it within six months from the date of registration 
of the rationalization proposal in the Register, the right to use  the rationalization offer goes to the PROVISION  
on rationalization proposals  in the Kyrgyz Republic  
 
page  5 of 5 author, including the right to apply without restriction to the rationalization proposal, having 
previously notified the enterprise about it.  
 18. When using the rationalization proposal, the enterprise is obliged to pay the author 
a fee.  
 The amount of remuneration for the use of the rationalization proposal, the terms and 
procedure for its payment are determined by the agreement between the author and the 
enterprise.  
 
19. If one and the same rationalization proposal of the same author is recognized as 
rationalization at several enterprises, then each of these enterprises pays a reward independently 
of each other.  
20. The enterprise is responsible for non- payment of the author's remuneration and 
violation of the terms and conditions for its payment in accordance with the legislation of the 
Kyrgyz Republic.  
21. If the author is involved in the work on preparing for the use of his rationalization 
proposal, then an agreement must be concluded with him for the performance of this work, 
except for works performed in the performance of the official task.  
22. Enterprises may establish additional measures of material and moral encouragement to 
persons who promote the use of the rationalization proposal, including the authors of the 
rationalization proposal.  
The type and amount of incentives for promoting the use of the rationalization proposal is 
determined by the enterprise independe nt. 
 
 
IX. Sources of costs for innovation  
 
23. Expenses of the enterprise on rationalization act ivity concern on the cost price of 
production (works, services, etc.).  
The budget organization finances the rationalization activity by saving the funds allocated 
for the maintenance of this organization, as well as at the expense of funds received from ot her 
authorized activities.  
 
X. Final Provisions  
 
24. The amount of the fee for filing and reviewing an application, for registering a 
rationalization proposal and issuing a certificate of its registration, for publishing information on 
registration, as well as for committing other legally significant actions related to the registration 
of the rationalization proposal, as well as the grounds for exemption from payment of a fee or 
reduction of its size are established by the Government of the Kyrgyz Republic. 
See also: Regulations on fees for registration of the rationalization proposal (approved by 
the Decree of the Government of the Kyrgyz Republic of April 27, 2004 No. 297)  
25. Disputes related to rationalization are considered in the courts.