Patents Laws in Kyrgyzstan
Kyrgyzstan's patent system is primarily governed by Patent Law No. 867-12, enacted in 1993, and the Civil Code of the Kyrgyz Republic, which includes provisions on intellectual property rights. The State Service for Intellectual Property and Innovation (Kyrgyzpatent) is the national authority responsible for the administration and enforcement of patent laws in Kyrgyzstan.
📘 Key Features of Kyrgyzstan's Patent Law
1. Patentability Criteria
An invention is patentable in Kyrgyzstan if it:
Is novel, meaning it is not part of the prior knowledge.
Involves an inventive step, making it non-obvious to someone skilled in the field.
Is industrially applicable, meaning it can be made or used in any kind of industry, including agriculture.
2. Patent Application Process
The procedure for obtaining a patent includes:
Filing an application with Kyrgyzpatent, which must include a description of the invention, claims, and drawings (if applicable).
Formal examination to ensure the application meets all necessary requirements.
Substantive examination to assess the patentability of the invention.
Publication of the application and, if granted, the patent is issued.
3. Duration of Patent Protection
The term of protection for a patent is 20 years from the filing date, subject to the payment of annual maintenance fees.
4. Rights Conferred by a Patent
A granted patent provides the owner with the exclusive right to:
Manufacture, use, sell, and import the patented invention.
License the patent to others.
Transfer the patent rights to another party.(WIPO)
5. Patent Infringement and Enforcement
Patent owners have the right to take legal action against unauthorized use of their patented inventions. This includes seeking remedies through civil litigation, such as:
Injunctions to stop the infringement.
Damages for losses suffered due to the infringement.
Destruction of infringing goods.(WIPO)
🌐 International Agreements and Cooperation
Kyrgyzstan is a member of several international treaties that influence its patent system:
World Intellectual Property Organization (WIPO) – Member since 1995.
Paris Convention for the Protection of Industrial Property – Provides for the right of priority for patent applications.
Eurasian Patent Convention (EAPC) – Kyrgyzstan is a member, allowing for the granting of Eurasian patents that are valid in multiple member states, including Kyrgyzstan.
⚠️ Limitations and Considerations
Patent Enforcement: While Kyrgyzstan's legal framework provides mechanisms for enforcing patent rights, the effectiveness of enforcement can vary. Patent holders may face challenges in protecting their rights due to factors such as limited resources or legal complexities.
International Protection: Kyrgyzstan is not a member of the Patent Cooperation Treaty (PCT), meaning that international patent applications under the PCT do not automatically extend protection to Kyrgyzstan. Applicants seeking protection in Kyrgyzstan must file directly with Kyrgyzpatent.
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