PCT Applicant's Guide Kyrgyzstan EQE - Valid as from 31 Oct 2023

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

KPL: Kyrgyz Patent Law ²

List of currencies used in this document:

EUR (Euro), KGS (Kyrgyz som), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Kyrgyzstan

Two-letter code:

Name of Office:

State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

Location:

62 Moskovskaya Street
Bishkek 720021
Kyrgyzstan

Mailing address:

Same as above

Telephone:

(996-312) 68 08 19
(996-312) 68 10 71

E-mail:

info@patent.kg
inter@patent.kg

Website:

http://patent.kg

Facsimile:

(996-312) 68 17 03

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 14 days from the date of the transmission, if the transmitted document is the international application or a replacement sheet containing corrections or amendments of the international application

No, only upon invitation in the case of other documents

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

provided that the delivery service is:
DHL

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

Applicants may file with the Eurasian Patent Office or with the International Bureau only if the national security provisions allow filing of patent applications abroad

EA,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: KG

Eurasian patent: EA

Types of protection available via the PCT:

National:

Patents

Utility models

Eurasian:

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

For a Eurasian patent

Refer to Annex B(EA)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Kyrgyzstan

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Russian

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

English,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 22 October 2020, pages 217 et seq.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

EA,

EP,

Competent International Preliminary Examining Authority:

EA,

EP ¹,

Fees payable to the receiving Office:

Transmittal fee:

This fee is reduced by 90% if the applicant is an individual. This amount does not include the postage/mailing costs which must be paid by the applicant directly to the express delivery service (e.g. DHL). For non-residents of Kyrgyzstan, the equivalent amount of the fee can be paid in a freely convertible currency, in accordance with the exchange rate established by the National Bank of the Kyrgyz Republic and applicable on the date of payment (Resolution of the Government of the Kyrgyz Republic of 3 October 2016, No. 523)

4,000 KGS

International filing fee:

1,435 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 USD

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

216 USD

Electronic filing (the request, description, claims and abstract in character coded format):

324 USD

Search fee:

Refer to
Annex D(EA)
Annex D(EP)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

None

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

For non-residents of Kyrgyzstan, the equivalent amount of the fee can be paid in euro or US dollar in accordance with the exchange rate established by the National Bank of Kyrgyzstan and applicable on the date of payment

3,500 KGS

Is an agent required by the receiving Office?

No, if the applicant resides in Kyrgyzstan
Yes, if the applicant is a non-resident

Who can act as agent?

Any person registered to practice before the Office as patent attorney

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

None

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within the time limit applicable under PCT Article 22 or 39(1)

Kyrgyz,

Russian

Required contents of the translation for entry into the national phase:

Must be furnished within the time limit applicable under PCT Article 22 or 39(1)

Under PCT Article 22: Description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

For non-residents of Kyrgyzstan, the equivalent amount of the fees can be paid in euro or US dollar in accordance with the exchange rate established by the National Bank of Kyrgyzstan and applicable on the date of payment

Filing and provisional examination fee ³

8,000 KGS

or equivalent in EUR or USD

Claim fee for each independent claim in excess of one ³

1,500 KGS

or equivalent in EUR or USD

Examination fee ⁴

15,000 KGS

or equivalent in EUR or USD

Claim examination fee for each independent claim in excess of one ⁴

7,500 KGS

or equivalent in EUR or USD

Renewal fee for the 3^rd year

8,500 KGS

or equivalent in EUR or USD

Exemptions, reductions or refunds of fees:

Fees are reduced by 90% where the applicant is a natural person or a non-commercial organization. Participants in the Great Patriotic War or persons equated to them, as well as persons with “Group 1” disabilities are exempted from the payment of fees.

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation

Instrument of assignment of the priority application where the applicants are not identical ⁵

Appointment of an agent if the applicant is not resident in Kyrgyzstan

Who can act as agent?

Any person registered to practice before the Office as patent attorney

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

KG.01 FORMS FOR ENTERING THE NATIONAL PHASE

The Office has no special form for entering the national phase.

KG.02 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

KG.03 PRIORITY DOCUMENT (TRANSLATION)

PCT Rule 17.2(a)
The Office requires the applicant to furnish a translation of the priority document into Russian or Kyrgyz only in certain cases where required for the examination. If not already furnished, the Office will invite the applicant to furnish a translation of the priority document within a time limit which shall be fixed in the invitation.

KG.04 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KG.I.

KG.05 REQUEST FOR EXAMINATION

KPL Art. 23
The Office examines patent applications. At the request of the applicant, the Office will examine the application with or without conducting examination as to substance. The request for examination must be filed within 30 months from the date of entry into the national phase. If the request is not filed within the prescribed time limit, the application is considered withdrawn.

KG.06 REPRESENTATION

KPL Art. 17
An applicant must be represented before the Office if he is not resident in Kyrgyzstan. Any applicant may be represented by a patent attorney authorized to practice before the Office and the address for service should normally be that of a registered patent attorney. A list of registered patent attorneys is available upon request from the Office and on the Office’s website at: http://patent.kg/en/attorneys/.

KG.07 FEE FOR GRANT

KPL Art. 28
A fee for grant must be paid within two months after receipt by the applicant of the decision to grant the patent. Where the applicant fails to pay the fee within that time limit, he can make this payment, together with a prescribed surcharge for late payment, within three months from the date of the expiration of the above-mentioned time limit.

KG.08 INVENTOR

The indication of the name and address of the inventor must be in the request but may be furnished at a later stage. The Office will invite the applicant to furnish the name and address of the inventor within two months from the date of the receipt of the invitation.

KG.09 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, KPL Art. 22
Within two months after entry into the national phase, the applicant has the right to amend or correct any element of his international application on his own initiative, without paying any fee for that purpose, provided that the amendments or corrections do not modify the subject matter of the claimed invention or utility model beyond the original disclosure. After the expiration of the said time limit, such amendments or corrections may be made only on payment of the prescribed fee and only until the final decision on the results of the substantive examination.

KG.10 RENEWAL FEES

After a patent has been granted, a continuation (renewal) fee must be paid for maintaining the patent in force. The first continuation fee is to be paid simultaneously with payment of the fee for granting the patent. All subsequent fees are to be paid before the beginning of the corresponding year. Payment can still be made, upon application for extension of time together with the payment of a corresponding fee, within six months from the final date. The amounts of the annual fees and of the fees for late payment are indicated in Annex KG.I.

KG.11 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office upon request by the applicant and where justified.

KG.12 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

KG.13 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
Where the applicant wishes to obtain a utility model, on the basis of an international application, instead of a patent, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

KG.14 CONVERSION

The applicant may, prior to publication of a patent application, convert the said application into a utility model application by filing a request to that effect. The utility model application may be converted into a patent application at any time before the decision to grant is taken. The converted application shall have the priority date of the initial application.

Annexes

Annex KG.I - Fees

Filing and provisional examination fee

8,000 KGS

— plus, for each additional invention

1,500 KGS

Examination fee:

15,000 KGS

— claim examination fee for each independent claim in excess of one

7,500 KGS

The examination fee is reduced by 25% where an international search report has been established and by 50% where an international preliminary examination report has been established

Reinstatement fee for each delayed month up to 12 months from the expiry date

3,000 KGS

Conversion fee:

— for a utility model application into a patent application

3,500 KGS

— for a patent application into a utility model application

2,000 KGS

Fee for grant and publication of description up to 35 pages

5,000 KGS

— for each page in excess of 35

500 KGS

Renewal fees for patents:

— for the 3^rd year

8,500 KGS

— for the 4^th year

10,500 KGS

— for the 5^th year

12,500 KGS

— for the 6^th year

14,000 KGS

— for the 7^th year

17,000 KGS

— for the 8^th year

21,000 KGS

— for the 9^th and 10^th years, per year

25,000 KGS

— for the 11^th and 12^th years, per year

33,500 KGS

— for the 13^th, 14^th and 15^th years, per year

50,500 KGS

— for the 16^th, 17^th and 18^th years, per year

59,000 KGS

— for the 19^th and 20^th years, per year

67,000 KGS

Fee for restoration of the right of priority

3,500 KGS

How can payment of fees be effected?

The payment of fees should be effected in Kyrgyz som (KGS) or in equivalent amounts in euro (EUR) or US dollar (USD). All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid.

Fees in Kyrgyz som (KGS) must be paid to:

Beneficiary
State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

Beneficiary bank
Central Treasury of the Ministry of Finance of the Kyrgyz Republic

Account No.
4402042100005341

BIC
440001

Payment reference
14511200

For non-residents of Kyrgyzstan, the equivalent amount of the fees in US dollar must be paid to:

Beneficiary
Central Treasury of the Ministry of Finance of the Kyrgyz Republic, State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

Correspondence bank
Federal Reserve Bank of New York
New York
US

SWIFT code
FRNYUS33

USD account No.
0210-8671-5

and the equivalent amount of the fees in euro must be paid to:

Correspondence bank
Deutsche Bundesbank
Frankfurt am Main

SWIFT code
MARKDEFF

EUR account No.
5040040042

Beneficiary bank
National Bank of the Kyrgyz Republic, Bishkek, Kyrgyz Republic

SWIFT code
NBKIKG22

Account No.
1013350100590106

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex KG.II - Power of attorney

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office.
² ^aThe text of the Kyrgyz Patent Law may be obtained on the Internet at http://patent.kg
³ ^a ^bMust be paid within the time limit applicable under PCT Article 22 or 39(1). The requirement may still be complied with within two months from the expiration of that time limit, provided that a surcharge is paid.
⁴ ^a ^bA written request for examination must be made and the examination fee simultaneously paid.
⁵ ^aThis requirement may be satisfied if the corresponding declaration has been made in accordance with Rule 4.17.

Processing

KG - Kyrgyzstan
State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

KG - Kyrgyzstan State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)

Error Information Warning Confirmation

KG - Kyrgyzstan
State Agency of Intellectual Property and Innovation under the Cabinet of Ministers of the Kyrgyz Republic (Kyrgyzpatent)