About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Legislative Implementation of Flexibilities - Kyrgyzstan

Title:Articles 23, 23-1, 23-2 and 24 of the Patent Law No. 8 of 14/01/1998, as last amended by Law No. 46 of 27/02/2003
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 23

Examination of the Application for an Invention

Kyrgyzpatent shall conduct formal and preliminary examination of an application.

At the petition of the applicant, which can be filed with Kyrgyzpatent simultaneously with application filing or within 30 months since the date of filing, consideration of the application can be made with or without examination on the essence. If petition is not submitted within said period, the application is considered as withdrawn.

Article 23-1

Formal Examination of the Application for an Invention

During the formal examination of the application for an invention within two-month-period the constitution and accuracy of required documents provided by Article 18 of this Law are checked as well as accordance of the claimed proposal to the objects for which the legal protection is provided.

If after completion of formal examination it is determined that application is filed for proposal not related to the objects for which the legal protection is provided, the decision on refusal on patent grant is made.

If an application is filed with violations of requirements prescribed to registration and compilation, the applicant shall receive a request with proposal to submit corrected or absent materials within two-month-period since the date of receipt of the request.

If applicant shall not submit requested documents or petition for prolongation of effective terms, the application is considered as withdrawn.

If the application meets all the requirements of formal examination, a notification that the application is accepted for consideration shall be sent to the applicant.

Article 23-2

Preliminary Examination of the Application for an Invention

While conducting preliminary examination, Kyrgyzpatent within ten-month-period shall check compliance of the prescribed requirements to contents of the application documents, compliance of the claimed invention with the criteria of patentability of the materials of an application provided by the applicant, non-withdrawn applications with an earlier priority, the fund of issued protected documents of the Kyrgyz Republic, as well as published Eurasian applications and patents and shall establish the priority of the invention and check compliance of the application with requirements for the unity of the invention.

The applicant upon the payment of appropriate fee may submit a petition for conduct of rapid preliminary examination for the application for invention. In the event that before expiration of twelve-month-period since the date of filing of the application with Kyrgyzpatent or when priority is required since the date of priority, the decision on patent grant is made or patent is granted and similar application concerning vindication of earlier priority is filed, the decision on patent grant or patent is canceled.

If the applicant, in accordance with Article 22 of this Law, provided additional materials, in the course of the preliminary examination it shall be checked, that they do not change the essence of the claimed invention.

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, shall be taken into account in the course of consideration of an application and may be registered by the applicant as an independent application.

On applications, which had been filed with violations of the requirements of unity, an applicant shall be offered to inform, within two-month-period, which of the proposals must be considered, and clarify documents 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 specified documents, the first mentioned in the formula proposal shall be considered.

During the preliminary examination Kyrgyzpatent may request from the applicant any additional materials, which are necessary for examination conduct. The additional materials by the request of examination should be submitted within two-month-period since the date of receipt of the request.

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 deemed withdrawn.

On the application, which has passed preliminary examination with a positive result, a decision to grant preliminary patent shall be made which is granted under responsibility of the applicant.

According to the results of preliminary examination in the presence of petition to conduct examination on the essence or in the absence of said petition or petition on patent grant without examination of the application on the essence, the applicant shall receive a notification.

If in the result of the preliminary examination it is established that the claimed proposal is not patentable, a decision on refusal to grant a patent shall be made.

The applicant may file an objection to this decision with the Appellate Council within two months after the receipt of refusal to grant a 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 with the decision of the Appellate Council he may appeal to court within six months as of the date of its receipt.

After expiration of 18 months since the date of application filing or if priority is required since the date of priority Kyrgyzpatent shall publish the information related to the application in Official Bulletin with the exception of cases when application is withdrawn or when decision on patent grant or refusal is made. Kyrgyzpatent shall determine the list and completeness of published information.

On the applicant's petition provided that appropriate fee is paid Kyrgyzpatent may publish the information related to application till 18 months since the date of its filing, or if priority is required since the date of priority.

While petition on patent grant without examination on essence is filed after preliminary examination completion, the decision on patent grant is made within two-month-period since the date of receipt of said petition.

Article 24

Examination of Application for Invention on Essence\Substance

Kyrgyzpatent within 18 months since the date of petition submission shall conduct examination of the application on the essence. An applicant shall be notified about petitions submitted by the third parties.

During conduct of the examination on the essence compliance of the claimed invention to conditions of patentability specified in Article 5 of this Law.

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 two months from the date of receipt of the request.

The order established by paragraphs 11 and 12 of this Article 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, within the scope of legal protection required by an applicant, meets the requirements of patentability of the invention, 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 patentability within the scope of legal protection required 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 Council during three months from the date of its receipt. The objection must be considered by the Appellate 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 the search report. Copies of the patent materials requested by the applicant shall be sent by Kyrgyzpatent during one month from receipt of the request.

The terms provided in Article 23-1, 23-2 and this Article, except for the terms established in paragraph 15 of Article 23-2 and paragraphs 9 of this Article, elapsed by the applicant, may be reinstated by Kyrgyzpatent in the presence of proof of 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 expiration of the elapsed term.

Both applicant and third parties may submit a petition on informational search conduct on the application for invention to determine technical level in comparison with which valuation of patentability of the invention is made. Kyrgyzpatent determine the order of informational search and information provision.

https://www3.wipo.int/contact/en/area.jsp?area=development_agenda https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/