Legislative Implementation of Flexibilities - Kyrgyzstan

Title:	Article 6 of the Patent Law of 14/01/1998 # 8, as last amended on 27/02/2003
Field of IP:	Patents
Type of flexibility:	Utility models
Summary table:

Provisions of Law

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 engineering shall include data published on the means designed for the same purpose as the utility model claimed, which have become generally available before the date of priority of the application for utility model, the data on their use in the Kyrgyz Republic, not withdrawn applications for inventions and utility models submitted earlier by other persons as well as inventions and utility models patented in the Kyrgyz Republic.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 who obtained from him the information directly or indirectly under which the information on the essence of the utility model became public, not earlier 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 industry if it can be practically used. Objects mentioned in paragraph 9, Article 5 of this Law are not protected as utility models.