Kyrgyzstan

DESIGNS REGISTRATION IN KYRGYZSTAN

Priority Deadline: For filing of a design application in Kyrgyzstan with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the KgPTO within four (4) months following the design application filing date.

Novelty Period: The novelty grace period for a design in Kyrgyzstan is six (6) months after the disclosure of the design and before application filing or if priority is claimed, before the date of its priority.

Representation: A foreign client must be represented at the Kyrgyzstan Patent office by a registered Kyrgyzstani Patent Attorney.

Translation: Application materials should be translated and filed in the Kyrgyzstani language.

Formal Examination: The process for the examination of Design Applications in Kyrgyzstan includes a formal examination within two (2) months for the crosschecking of required documentation. In the case of accurate documentation, a decision to grant the patent will be issued at the responsibility of the applicant.

Substantive Examination: In Kyrgyzstan the substantive examination is optional and can be requested by the applicant within twelve (12) months from the date of filing of the application. If there is no opposition from third parties after the publication of the application, then the decision to grant the patent will be issued.

Office Action: In case of Office Action, our Kyrgyzstani Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Kyrgyzstan usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the maintenance of the design patent in force, are required to be paid annually with annuity for the following year being made in the current year of validity. Failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued after payment of the relevant issuance fees.

Validity: In Kyrgyzstan a patent is valid for ten (10) years with a possibility to renew for another five (5) years.

Required documents for Filing a Design Application in Kyrgyzstan:

1. Applicant’s information (name and address).
2. Designer’s information (name and address).
3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
4. Description and list of dominant features (if available).
5. POA signed by Applicant(s). Notarization or Legalization is not required.

Design protection in Kyrgyzstan can also be obtained through the Eurasian Patent Organization (EAPO).