Approved by the Decision ofthe Government
ofthe Kyrgyz Republic of June 12, 1998 No. 346
REGULATION on Fees for Patenting Inventions, Utility Models,
and Industrial Designs, Registration of Trademarks, Service Marks, and Appellations of Origin, Granting the Right
for Use Appellations ofOrigin
(as amended by Decisions ofthe Government of the KR of January 5, 2000 No.I, of August 24, 2000 No.520, of February 4, 2002 No.46, of August 5, 2003 No.489, of November 4, 2003
No.698, of September 2, 2004 No.657, and of September 12, 2005 No.424)
Section I. General Provisions Section II. Inventions, utility models, industrial designs Section III. Trademarks, service marks and appellations of origin Section IV. Other duties.
Section I General Provisions
1. The present Regulation establishes the procedure, amounts and terms of payment of duties for performing legally substantial actions, stipulated by the Patent Law of the Kyrgyz Republic, the Law of the Kyrgyz Republic On Trademarks, Services Marks and Appellations of Origin.
2. Amounts of the duties envisaged by the given Regulation are established in conditional units (one conditional unit equals one US dollar).
Calculations are made: in soms, in amounts equivalent to the established amounts of duties according to the rate
effective on the date of transaction established by the National Bank of the KR - for natural and legal persons of the Kyrgyz Republic, residing or locating in the territory of the Kyrgyz Republic;
in hard currency, taking into account the exchange rate against one US dollar as of the moment of payment - for natural persons and legal entities, residing or locating outside the Kyrgyz Repul;,lic.
3. Natural persons claiming the title of protection in their name regardless of their residence shall pay_ duties in the amounts, equaling 10% of the amounts of duties, established by the present Regulation.
4. Non-commercial organizations, including" research institutions and institutions of higher education claiming the title of protection in their name regardless_ of their location shall pay duties in ·the amounts equaling 10% of the amounts of duties, established by the present Regulation.
5. Small enterprises (according to the basic scheme of classification of enterprises) claiming the title of protection in their name regardless of their location shall pay duties· in the amounts, which equal 30% of the amounts of duties established by the present Regulation.
6. Status of applicants referred to in paragraphs 3,4,5 Section I of the present Regulation shall be determined according to the legislation of the country of residence or location of the applicants.
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The benefits provided by paragraphs 3,4,5 Section I of the present Regulation shall be also applied to the group of applicants, if each of these applicants is included into any category refereed to in these paragraphs.
The group of applicants consisting of different categories of applicants shall pay the duty according to the maximum rate among the applicants of this group.
The group may be formed by applicants, persons in whose name the title of protection is' claimed, owners of the titles of protection in various combination.
Those applicants, who have the right for benefits shall be obliged to provide documents certifying this right.
7. When a licensing agreement or agreement on assignment of a title of protection is concluded, benefits on payment of duties stipulated by the present Regulation shall not be applied.
, 8. Persons, who are the sale authors of inventions, utility models and industrial designs and those requesting issuance of a title of protection in their name, or who are the sale owners of a title of protection for invention, utility model, industrial design, shall be provided the following benefits in paying duties:
participants of the Great Patriotic War or persons of equivalent status, as well as disabled of I group shall be exempted from paying duties; .
pensioners, disabled of II and III groups, pupils and students, post-graduate students shall pay duties in the amount of 50% of the established preferential amounts of duties, stipulated by paragraphs 1, 3-6, 8-13, 15, ,I 7, 18 Section II of the present Regulation.
When a licensing agreement, agreement on assignment of a patent is concluded, benefits stipulated by sub-paragraph "b" shall be discontinued.
Benefits stipulated by sub-paragraphs "a" and "b" of the present paragraph shall be granted upon solicitation of the applicant or owner of a patent. The ground for granting benefit shall be a copy of the relevant documents: identification document of a participant of the Great Patriotic War, identification document of the participant of the War for persons of civilian staff, identification document, issued for work (service) in year during the Great Patriotic War, pensioner's ill card, certificates of medical and labor expert- commission, document issued by educational or scientific institution.
9. The applicant, owner of a patent may be granted three-year adjournment from paying duty for conducting preliminary examination and substantive examination of the application, stipulated by paragraphs 6 and 10, Section II of the present Regulation as well as annual duties for the first three years for which collection of ,duty is stipulated by paragraph 30 , Section II of the present Regulation. The abovementioned adjournment is provided upon solicitationof the applicant with simultaneous payment of25 % of the amount of duty subject to payment. The extra charge of 75% of the duty subject to payment must be paid prior to the expiration ofthe last of the above three years. . .
If the patent is not issued or terminated in advance within three years, the person soliciting for the delay shall be exempted from the extra charge.
10. Temporary preferential tariff shall not be extended to the,position of Section IV of the present Regulation.
11. Duties established by the present Regulation shall be paid according to the established procedure by transferring the corresponding amounts to the settlement account of the State Agency of Intellectual Property under the Government of the Kyrgyz Republic (hereinafter referred to as Kyrgyzpatent). .
The document certifying that the duty was paid is a copy of a payment order with the bank's stamp certifying the payment or a bank's receipt certifying that the duty was paid in cash or by transferring from the bank account.
The document, certifying payment of duty must contain registration number of the application or patent, provided that this document is submitted after the application is filed
IP/N/l/KGZ/I/6 Page 4
with Kyrgyzpatent, as well as description of the purpose the duty was paid for. If the registration number is not yet assigned to the application, the given document alongside with the description of the purpose the duty is paid for must contain the name of the invention, industrial design, utility model, and the surname of the frrst author or name of the applicant. The document where the given data are absent shall be deemed invalid.
Compliance of the amount of the paid duty with the established amount shall be determined as of the date of its payment.
12. The duty paid shall not be subject to return, except when its payment is made in the amount exceeding the amount established by the present regulation, or when the action for which the duty was paid has not take place.
In such cases the exceeding amount of the duty paid shall be returned to the applicant upon hislher solicitation and according to the established procedure, or shall be counted as the payment of other duties envisaged by the present Regulation, payment of which is permitted as of the date of filing the solicitation.
Section II Inventions, utility models, industrial designs
N2 Purpose of the duty . Amount of the duty In conditional units
1 Filing an application for issuance of a patent, including formal examination: for one invention 55 for a ·group of inventions, for each invention over one +20
2 Filing a Eurasian application, international application according to the Patent Cooperation Treaty (hereinafter referred to as PCT) and its checking for compliance with the requirements of the experts' examination according to formal signs/features: for one invention 55 for a group of inventions, for each invention over one +20
3 Filing an application for issuance of a patent including conduction of formal: for one utility model 20 for a group of utility models, for each utility model over +10 one
4 Filing an application for issuance of a patent, including formal examination: for one version of the industrial design 40 for variants from 2 to 10 +20 for variants .over 10 +25
The document certifying the duty payment for filing an application for an invention, utility model, and industrial design shall be submitted together with the application or within two months as of the date of filing an application with Kyrgyzpatent. If the given document is submitted after the application is filed, the amount of the' duty shall be increased by 20%.
In case the document certifying payment of duty within the fixed two month term is not presented or there is a document, certifying payment of duty at the amount less than the
IPINIIIKGZIII6 Page 5
amount of duty, fixed for filing an application for one invention, one utility model, one variant of industria}. design, the application should be considered withdrawn.
If the document certifying payment of the duty in the amount less than the amount of duty established for filing an application for a group of inventions, utility models, variants of industrial design is submitted within the established time, the examination shall be carried out with regard to those inventions, utility models, variants of industrial design, selected by the applicant, or if no choice is made, they are indicated first in the claim of an invention, utility model or in the description of industrial design, and for which the duty has been paid.
N Purpose of the duty Amount of the duty in conditional units
5 Claiming the conventional priority upon completion of 100 the terms established by Paris Convention not later than the term stipulated by the legislation
The document certifying payment of the duty shall be submitted together with an application claiming a priority.
If the document certifying payment of the duty is not submitted with the application, the priority of the application shall be deemed lost.
NQ Purpose of the duty Amount of the duty in conditional units
6 Conduction of preliminary examination with regard to: One invention utility ~,",r101 "="=1. \..t .11..1 \,;.1.1 1.Vl. , UL.1.11. 1.l.1.Vuv . .J..J Groups of inventions, utility models, for each +20 invention, utility model over one For each dependent claim over 10 +5 For each dependent claim, over 20 +10 One variant of industrial design 40 For each variant of industrial design over one +20' For each variant of industrial design over 10- +20
The document certifying payment of the duty for preliminary examination of the application shall be submitted together with the document, certifying payment of the duty for filing the application.
N2 Purpose of the duty Amount of the duty in conditional units
'7 Conduction of ahead of schedule preliminary examination 160I of invention, utility model
The document certifying payment of the duty for conduction of preliminary examination ahead of schedule upon the application shall be submitted together with the solicitation to conduct such a preliminary examination. .
If the document certifying payment of the duty is not submitted with the given solicitation, the examination shall not be conducted ahead of schedule.
N2 Purpose of the duty Amount of the duty in conditional units
8 Making changes and corrections into the materials of 30
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applications for invention, utility model, industrial design upon initiative of the applicant at the stage of formal, preliminary examination
The document certifying payment of the duty shall be submitted together with materials containing changes and corrections.
If the document certifying payment of the duty in the established amount is not submitted together with the materials, changes in considering the application shall not be taken into
, account.
N~ Purpose of the duty Amount of the duty in conditional units
9 Inclusion of inventions, utility models, points, singled out from the preliminary claim into claim at the preliminary examination stage upon the initiative of the applicant: - additionally per each point, included into the claim +40
The document certifying. payment of the duty shall be submitted together with the materials, containing the modified claim.
In the event of failure to submit the given document together with the indicated materials of the document, certifying payment of the duty according to the established procedure, changes into the formula shall not be taken into account when considering the application.
N2 Purpose of the duty Amount of the duty in conditional units
9-1 Publication of the application for invention earlier than 18 months 40
The document certifying payment of the duty shall be submitted together with the solicitation to publish the application for invention earlier than 18 months.
In case of failure to submit the document certifying payment of the duty together with the solicitation the latter is deemed notsubmitted.
N2 Purpose of the duty Amount of the duty in conditional units
10 Conduction of examination as for substance regarding: one invention; 200 group of inventions, for each invention over one +100 for each dependent claim over ten -- +10 for each dependent claim over twenty +15 one variant of industrial design 150 for each variant of industrial design over one +75 for each variant of industrial design over ten +160
In the event the application for invention contains an international search report prepared by one of the international search bodies in accordance with the peT the am<?unt of the given duty shall be reduced by 25%.
In the event the application for invention contains report on international search and conclusion of the international preliminary examination, prepared by one of the international
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search bodies in accordance with the PC'T the amount of the given duty shall be reduced by 50%.
In the event the application for invention contains expert decision of the Federal Institute of Industrial Property of the Russian Federation (FlIP) on issuance of patent, the amount of the given duty shall be reduced by 75%.
The document, certifying payment of the duty shall be submitted together with the solicitation to conduct examination as to substance.
In the event of failure to submit the document certifying payment of the duty together with the solicitation, the latter shall be deemed not submitted.
In case the amount of the paid duty does not correspond to the established one, the document certifying payment of the duty may be submitted during two months. starting from the date of receiving notification on the additional payment required by the person, who filed the given solicitation. .
In the event of failure to submit the document certifying additional payment of the duty up to the established amount within two-month period:
solicitation of the applicant to carry out examination as to substance upon the application for one invention shall be deemed not submitted;
examination of the application for a group of inventions, if the given solicitation was filed by the applicant, is carried out regarding. those inventions, which have been selected by the applicant or in the absence of such a ~choice regarding those inventions, which are indicated first in the claim of invention and for which the duty has been paid.
NQ Purpose of the duty Amount of the duty in conditional units
11 Making changes and corrections into the materials of 80 the application for invention upon filing a solicitation for examination as to substance of the application upon the initiative of the applicant
The document certifying payment of the duty shall be submitted together with materials containing changes and corrections.
In the event of failure to submit the document certifying payment of the duty' in the established amount together with the indicated materials, changes shall not be taken into account during consideration of the application.
NQ . Purpose of the duty Amount of the duty in conditional units
12 Inclusion of independent points, singled out of the preliminary claims into the claim of invention upon tiling a solicitation for examination as to substance: - additionally for each points singled out into the independent point +75
. The document certifying payment of the duty shall be submitted together with materials, which contain the modified claim.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the indicated materials, changes shall not be taken into account during consideration of the application.
Purpose of the duty Amount of the duty in conditional units
IPIN/IIKGZII/6 Page 8
Modification: of the application for utility model into the application for invention 50 for each invention over one +10 of the application for invention into the application for utility model 30
The document certifying payment of the duty shall be submitted together with the application for modification.
In the event of failure to submit the document certifying payment in the established amount together with the indicated application, the latter shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
14 Extension of the term ofanswer to the request for examination, per each month of the extension: up to 6 months from the date of expiration of the term for submitting the answer 40 from 6 to 12 months from the date of expiration of the term for submitting the answer 80-
The document, certifying payment of the duty shall be submitted together with the solicitation to extend the established term.
In the event of failure to submit the document certifying payment of the duty or in case of non-compliance of the amount of the established duty, the solicitation shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
15 Filing an objection with the Appeals Council: - against decision of refusal to issue a patent for invention, industrial design, utility model in the result of examination as to form or examination as to substance; 100 - against decision of refusal to issue of a patent for invention, industrial design in the result if examination as to substance; 200 - against issuance of a patent for invention, industrial design, utility model 300
The document, certifying payment of the duty shall be submitted together with the objection.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the objection, the latter shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
1~ Restoration of the term established by the..LV legislation and missed by the applicant, per each month of the expiration of time-limit: up to 6 months from the date of expiration of the established term 75
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- submitting additional materials, corrected or missing documents upon request during examination as to form; 75 - answer for notification concerning infringement of unity of invention in application; - submitting additional materials on request during preliminary examination or examination as to substance; 75 - filing with the Board of Appeals objection against decision of refusal to issue of a patent for invention, industrial design, utility model in the course of formal or preliminary examination or examination as to substance; 75 - from 6 to 12 months from the" date of expiration of the established term 160
The document certifying payment of the duty shall be submitted together with the solicitation for restoration of the missed term, which is to be submitted by the applicant not later than 12 months from the date of expiration of the missed term.
In the event of failure to submit the document certifying payment of the duty in the established amount, the solicitation shall be deemed not submitted.
17
Purpose ofthe duty
Registration: inventions and issuance of a patent for invention, [publication of a description thereto consisting. of not more than 35 pages, iricluding claims, 120 drawings, abstracts and other materials F-oreach page over 35 +10 Utility model and issuance of a patent for a utility model, publication of a description thereto consisting of not more than 35 pages, including 80 claims, drawings, abstract and other materials Per each page over 35 Industrial design and +10 issuance of a patent for industrial design, publication of a description thereto consisting of not more than 35 pages, including list of 120 substantial features and other materials Per each page over 35 +10
Amount of the duty in conditional units
The document certifying payment of the duty shall. be submitted during 2 months from the date of receiving the decision on issuance of a patent.
The. document certifying payment of the duty may be submitted during three month from the date of expiration of the given two-month period. In this case the amount of the duty shall be increased by 50%.
In L.1.e exceptional cases according to the decision of Kyrgyzpatent the given three-month period of the duty payment may be extended for six months from the date of expiration of three-month period, indicated in part 3 of the present paragraph, provided that the duty is paid in two-fold amount as of the amount ofthe duty stipulated in part 3 of the present paragraph.
IPIN/1/KGZ/I/6 Page 10
In the event of failure to pay the duty stipulated by parts 1:: 3, 4 of the present paragraph, the decision to issue a patent, shall be annulled.
In the event of failure to submit the document certifying payment of the duty in the established amount within the indicated period of time, registration, publication of an invention, utility model, industrial design and issuance of a patent, certificate shall not take place.
The document certifying payment of the additional duty shall be submitted within 2 months starting from the date of receiving the notification on payment of the additional duty by the applicant.
In the event of failure to submit the document certifying payment of the additional duty in the established amount within the given term, publication of descriptions consisting of over 35 pages shall not take plac~.
NQ Purpose of the duty Amount of the duty in conditional units
18 Issuance ofa patent of the Kyrgyz Republic for an invention, industrial design upon solicitation for re-registration of the USSR author's certificate for inventions, the USSR certificates for industrial designs, current patents of the USSR for these industrial property subject- 160 matters
The document certifying payment of the duty shall be submitted simultaneously with the solicitation on re-registration.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the soiicitation, the latter shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
19 Preparation and issuance of an excerpt from' the -,
State Registers 50
The document certifying payment of the duty shall be submitted together with the request for issuance of the excerpt.
In the .event of failure to submit the document certifying payment of the duty in the established amount the application shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
20 Issuance of a copy of a patent for invention, industrial design, utility model, publication of data on such issuance 200
The document certifying payment of the duty shall be submitted together with the application on issuance of a copy and publication of data on such issuance.
In the event of failure to submit the document certifying payment of the duty in the established amount, the application shall be deemed not submitted.
Purpose of the duty Amount ofthe duty in conditional units
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Familiarization with materials of the application after ublication of data on issuance of a patent 75
The" document certifying payment of the duty shall be submitted simultaneously with the application for familiarization.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the application, the latter shall be deemed not submitted.
N2 Purpose of the duty Amount of the duty in conditional units
22 Making changes into data on issued patent for an invention, industrial design, utility model to [the State Register upon the initiative of an author, 100 owner of a patent
The document certifying payment of the duty shall be submitted simultaneously with the solicitation to introduce changes..
In the event of failure to submit the document certifying payment of the duty together with t-he solicitation, the latter shall be deemed not submitted.
23
24
25
26
Purpose of the duty
Registration of the licensing agreement and Making changes into the State Register and patent: to one patent for invention, industrial design, utility model 100 to several patents, certificates for each over one +50 Registration of the agreement on assignment of a patent for invention, [industrial design, utility model, for each patent stipulated by the agreement and making changes into the State 150 Register and the patent Making changes into the registered licensing agreement, agreement on assignment of a patent 50 for invention, industrial design, utility model Registration of the agreement on re-assignment of the right to receive patent, certificate, filed within the period starting from "the date of filing the application till the date of registration of 50 invention, utility model, industrial design
Amount of the duty in conditional units
27 Filing the application for granting an open license and publication of data on such an 50 application
28 Registration of the licensing agreement, agreement on assignment: - technology, know-how, franchise,
engineering, leasing 100 - -Franchising, per each object indicated in the
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I agreement 1100
The document certifying payment of the duty for actions, indicated in paragraphs 23, 24, 25, 26, 27, 28, shall be submitted with the corresponding application on registration of the relevant agreement.
In the event of failure to submit the "document certifying payment of the duty in the established amount together with the application, registration of the agreement; re-assignment of right to receive a patent, publication of the application for granting an open license, making changes into the registered agreement or agreement on assignment shall not take place.
NQ Purpose of the duty Amount of the duty in conditional units
29 Extension of the term of the applicant's answer to the request regarding examination of the agreement, per each month of extension 50
The document certifying payment of the duty shall be submitted together with the solicitation on extension of the established term.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
30
30-1
Purpose of the duty
Keeping in force of a patent for an invention of the Kyrgyz Republic and Eurasian patent' relatively the Kyrgyz Republic per each year ofvalidity term: For the 3rd year For the 4th For the 5th For the 6th For theZth For the 8th For the 9th For the 10th For the 11th For the 12th For the 13th For the 14th For the 15th For the 16th For the 17th For the 18th For the 19th For the 20th Keeping in force of a patent for an invention of the Kyrgyz Republic issued under the applicant's responsibility per each year of validity term: For the 3rd year For the 4th For the 5th For the 6th
Amount of the duty in conditional units
120 150 180 200 240 300
"360 360 480 480 720 720 720 840
·840 840 960 960
60 75 90 100
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For the 7th 120 For the 8th 150 For the 9th 180 For the 10th 180 For the 11th 240 For the 12th 240 For the 13th 360 For the 14th 360 For the 15th 360 For the 16th 420 For the 17th 420 For the 18th 420 For the 19th 480 For the 20th 480
31 Keeping in force of a patent for an invention of the Kyrgyz Republic related 'to pharmaceutics, per each year of validity term: For the 21st year 1000 For the 22nd year 1050 For the 23rd 1100 For the 24th 1150 For the 25th 1200
31-1 Keeping in force of a patent for a...ll invention of the Kyrgyz Republic related to pharmaceutics under the applicant's responsibility,' per each year of validity term: For the 21st year 500 For the 22nd 525 For the 23rd ~50 For the 24th 575 For the 25th 600
32- Keeping in force of a patent for a utility model, per each year of the validity term: For the 1st 40 For the 2nd 50 For the 3rd ·60 For the 4th year 60 For the 5th 80 For the 6th 100 For the 7th 100 For the 8th .. 120
,.,,, Keeping in force of a patent for ~ industrial design,-'j per each year ofvalidity term: For the 3rd year 70 For the 4th year 80 For the 5 th 90 For the 6th 100 For the 7 th 125 For the 8 th 150 For the 9th 175
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For the 10 th 200 For the 11 th 250 For the 12 tb. 300 For the 13 th 375 For the 14th 400 For the 15th 450
33-1 Keeping in force of a patent for an industrial design, issued under the applicant's 'responsibility, per each year of validity term: For the 3rd year 50 For the 4th year 60 For the 5th 70 For the 6th 80 For the 7th 100 For the 8th 120 For the 9th 140 For the 10th 160 For the 11th 180 For the 12th 200 For the 13th 250 For the 14th 300 For the 15th 350
For keeping in force of a patent for an invention, industrial design, except the titles of protection issued in the course of re-registration, the duty shall be charged starting from the 3rd year of its validity term, counting from the date of filing the application for an invention, industrial design with Kyrgyzpatent. . . '
For keeping in force a patent for an invention, industrial design, issued upon a solicitation on re-registration of the applications for inventions, industrial designs, filed with patent agency of any of the states-members of Paris Convention for the Protection of Industrial Property, including the applications filed with the State Patent Agency of the USSR or Rospatent (All-Union Scientific Research Institute of State Patent Examination - ASRISPE), upon which filing has not been completed, the duty shall be charged starting from the third year, counting from the date of filing the solicitation. on issuance of protected document with Kyrgyzpatent,
For keeping in force of a patent for an invention, industrial design issued upon a solicitation for re-registration of the current USSR patents, the USSR author's certificates, the USSR certificates, patents for inventions issued upon a solicitation on re-registration of applications for inventions filed to the ASRISPE till August 2, 1993, upon which the expert decisions on granting of title .ofprotection were made, the duty shall be charged starting from the year of the validity term. of the patent, following the date of filing the solicitation on re- registration with Kyrgyzpatent. The corresponding year for which the duty is to be paid shall be determined upon the date of filing the application to the ASRISPE~ and the beginning of the year, i.e. its date and month shall be determined according to the date and month of filing the solicitation on re-registration with Kyrgyzpatent.
For keeping in force of a patent for utility model in force the duty shall be charged starting from the first year of its vaIidity term, counting from the date of filing the application for a utility model with Kyrgyzpatent.
The document certifying payment of the duty for the first year of the validity term of a patent shall be' submitted together with the document certifying payment of the duty for its Issuance.
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The document certifying payment of the duty for each following year of the validity term. of a patent for an invention, industrial design, utility model shall be submitted during the last two months of the current year of the validity term of the given title ofprotection.
The document certifying payment of the duty for any year of the validity term of a patent may be submitted during 6 months from the expiry date of the established term. In this case the amount of the duty shall be increased by 50%.
In exclusive cases upon the decision of Kyrgyzpatent the term of payment of the duty for keeping a patent in force may be extended for one year from the date of expiration of six- month term indicated in para 8 of the present point provided the duty is paid in two-fold amount of the amount of the duty indicated in para frrstofthe present point. '
If the duty envisaged by Part I, 8, 9, of the present point is not paid, the title of protection becomes ineffective.
Upon application of a patent owner on granting any person the right to use the invention, utility model, industrial design (open license), the amount of the duty for keeping a title of protection in force shall be decreased by 50% starting from the year following the year of publication of data about such an application according to the established procedure.
Section III Trademarks, service marks and appellations of origin
. .
1
2
Purpose of the duty
Filing an application for registration of a trademark, service mark (hereinafter referred to as the application for trademark) and conduction of a preliminary examination: for one class of International Classification of Goods and Services fat Registration ofMarks (leGS) for each class of leGS over one for one class of ICGS of the collective mark
for each class oflCGS of the collective mark over one '\ Filing an application for registration and granting the right to use the appellation of origin, applications for granting the right to use the registered appellation of origin (hereinafter referred to as - the application for appellations of origin) and conduction of a preliminary examination Conduction of an examination of the designation applied: for one class of leGS for each class of ICGS over one for one class ofICGS of the collective mark for each class of leGS of the collective mark over one appellation' 'of origin
Amount of the duty in
,conditional units
100
+50 300 +100 150
265 +125 500 +125 250
The document certifying payment of the duty for filing an application, conduction of a _preliminary examination, examination of the filed designation shall be submitted together with the application or during 2 months from the date of filing the application with Kyrgyzpatent. If the given document is submitted after the application is filed, the amount of the duty shall be increased by 20%.
In the event of failure to submit the document certifying payment of the duty within the two-month period, or if the document certifying payment of the duty in the amount less than the amount of the duty established for filing and conducting examination of the application
IP/N/l/KGZII/6 Page 16
for registration of trademark for one class of reGS, the application shall be deemed not submitted.
If the document certifying payment of the duty in the amount less than the amount of the duty established for filing and conducting of examination of an application for registration of a trademark forseveral classes of leGS is submitted within a two-month period, the applicant shall be granted the right to make additional payment of the duty up to the established amount during two months starting from the date of receiving the notification on additional payment.
In the event of failure to submit the document certifying an additional payment of the duty , within a two-month period, examination of the designation filed shall be conducted only with ' regards of those classes of ICGS, which have been selected by the applicant, or in the event of absence of such aselection, of those which are indicated first and for which duty has been paid.
N2 Purpose of the duty Amount of the duty in conditional units
4 Ahead of schedule conduction of: - Preliminary examination of a trademark 150 - Examination of the designation indicated in the 400 application
The document certifying payment of the duty shall be submitted together with the solicitation to conduct examination ahead of schedule.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
N2 Purpose of the duty Amount of the duty in conditional units
5 Introduction of corrections, additions and 100 changes into materials of the application for a trademark and the application for, appellation of origin at the stage of examination, which did not change the essence of the application upon the initiative of the applicant
The document certifying payment of the duty shall be submitted together with the modified and corrected materials.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
N2 Purpose of the duty Arriount of the duty in conditional units
6 Extension of the term of answer to the request of 75 the examination regarding the application for a trademark, regarding application for appellation of origin per each month
The document -certifying payment of the duty shall be submitted together with the solicitation to extend the established term.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
7
Purpose of the duty
Filing an" objection with the Appeals Council: - against refusal to consider an application for Trademark upon results of preliminary examination - against refusal to consider an application for appellation of origin upon results of preliminary examination; - against decision on trademark application adopted in examination of designation applied; - against decision on application of appellation of ongm adopted in examination of designation applied; - against registration of a trademark - against registration of an appellation of origin and granting of a certificate for the right to use appellation of origin - against cessation of registration validity of an appellation of origin and granting of a certificate for the right to 'use appellation of origin
IP/N/IIKGZ/I/6 Page 17
Amount of the duty in conditional units
250
150
400
300
500
400
400
The document certifying payment of the duty shall be submitted together with the objection.- _
In the event of failure to submit the document certifying payment of the duty in the established amount together with the objection, the latter shall be deemed not submitted.
N~ Purpose of the duty Amount of the duty in -conditional units
8 Restoration of the term established by the legislation and missed by the applicant: - submission of additional modified materials or missing documents upon request in the process of 200 preliminary examination of the application for a trademark, application for an appellation of places of-origin of goods - submission of additional materials upon request 200 for examination of the filed designation - request of copies of materials, indicated in the 200 "decision on examination - filing objections with, the Appeals Council against the decision taken in the result of the 200 preliminary examination - filing objections with the Appeals Council against the decision taken in the result of the 200 examination of the designation indicated in the application
IP/N/IIKGZIIJ6 Page 18
The document certifying payment of the duty shall be submitted together with the solicitation on restoration of the missed term.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed notsubmitted.
N2 Purpose of the duty Amount of the duty in conditional
units 9 Registration, publication and issuance of a certificate for:
a trademark in black and white 265 a trademark in colors 300 a collective mark in black and white 500 collective mark in colors 550 Issuance of a certificate for the right to use the appellation 250 of origin
The document certifying payment of the duty shall be submitted during two months starting from the date of receiving results of the experts' examination on registration of the object.
The document certifying payment of the duty may be submitted during three months from the date of expiration of the indicated two-month period. In this case the amount of the duty shall be increased by 50%.
In the event of failure to submit the document certifying payment of the duty in the established amount during five-month period, registration and publication of trademark, issuance of a certificate for a trademark and the right to use an appellations of origin shall not take place.
N~ Purpose ofthe duty Amount of the duty in conditional
units 10 Preparation and Issuance of an excerpt from the State 50
Registers
The document certifying payment of the duty shall be submitted together with the application on issuance of excerpts.
In the event of failure to submit the document certifying payment of the duty in the established amount, the application shall be deemed not submitted.
N2 Purpose of the duty Amount of the duty in conditional
units 11 Issuance of a copy of the certificate for a trademark, right 200
to use appellations of origin, publications of data on the given Issuance
The document certifying payment of the duty shall be submitted together with the application on issuance of a copy and publication of data about the given issuance.
In the event of failure to submit the document certifying payment of the duty in the established amount, the application shall be deemed not submitted.'
IPIN/1/KGZII/6 Page 19
N£ Purpose of the duty Amount of the duty in conditional
writs 12 Introduction of changes and corrections into the State 150
Register of trademarks and service marks, and into the State Register of appellations of origin as well as into the certificate for the right to use appellations of origin upon the initiative of the owner
The document certifying payment of the duty for introducing changes shall be submitted together with the application for introducing changes.
In the event of failure to submit the document certifying payment of the duty in the established amount, the changes shall not be introduced into the corresponding State Register and the certificate.
13
14
15
Purpose of the duty
Registration of a licensing agreement and introduction of changes in the State Register and the certificate: for one trademark for several trademarks per each trademark stipulated by the agreement over one Registration. of an agreement on assignment of a trademark, service mark for each trademark and service mark stipulated by the agreement and. introduction of changes into the State Register and the certificate Introduction of changes into the registered licensing agreement, agreement on assignment of a trademark
Amount of the duty in conditional
-units
300 +200
300
100
The document certifying payment of the duty shall be submitted together with the application for registering the relevant agreement.
In the event of failure tosubmit the document certifying payment of the duty in established amount together with the application, registration of the licensing agreement, 'agreement on assignment of a trademark, as well as registration of changes shall not take place.
NQ Purpose of the duty Amount of the duty in conditional units
16 Extension of the term of the applicant's answer to 75 the request for examination of the agreement for each month of the extension
The document certifying payment of the duty shall be submitted together with the' solicitation to extend the established term.
In the event 'of failure to submit payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
NQ Purpose of the duty Amount of the duty in conditional units
17 Extension of the validity term of the registration:
IPJNJIJKGZIII6 Page 20
of a trademark 400 of a collective mark 800 Extension of the validity term of a certificate. for 400 the right to use the appellation of origin
The document certifying payment of the duty shall be submitted together with the application to extend the given term.
In the event of the failure to submit the document certifying payment of the duty together with the application, the latter shall be deemed not submitted.
N2 Purpose of the duty Amount of the duty in conditional units
18 Granting a six-month period for extension of the expired term of registration: of a trademark 250 of a collective mark 400 of a certificate for the right to use appellation of 250 ongin
The document certifying payment of the duty may be submitted together with the solicitation during six-month period starting from the expiry date of the last-year term. of registration.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted.
N2 Purpose of the duty Amount of the duty in conditional units
19 For filing an application for registration of a 50 trademark and conduction of preliminary examination in accordance with provisions of Madrid Agreement on International Registration of Marks
The document certifying payment of the duty ~for filing an application and preliminar examination shall be submitted together with the application.
N2 Purpose of the duty Amount of the duty in conditional units
20 For filing an objection against the preliminary 100 decision of the examination to reject registration of trademark according to the procedure of Madrid Agreement on International Registration of Marks
The document certifying payment of the duty shall be submitted together with the objection. -
In the event of failure to submit the. document certifying payment of the duty in the established amount together with the objection, the latter shall be deemed not submitted.
Purpose of the duty Amount of the duty in conditional units
IPIN/1/KGZ/I/6 Page 21
21 For the extension of the term of filing an 100 application for preliminary decision of the examination to reject the registration of the mark according to the procedure of Madrid Agreement on International Registration ofMarks
The document certifying payment, of the duty shall be submitted together with the solicitation to extend the given term.
In the event of 'failure to submit the document certifying payment of the duty in the established amount together with the solicitation, the latter shall be deemed not submitted. _
22. For filing to the Appellation Board an application regarding recognition of a trademark as generally known or in the event of the well known status loss by the generally known trademark, the duty is collected in amount provided by the point 7 of the Part III of the present Regulation for objection submitting against a trademark registration.
The document certifying payment of the duty shall be submitted together with the application.
In the event of failure to submit the document certifying payment of the duty in the established amount together with the application, the objection shall be deemed not submitted.
Section IV Other duties
N~ Purpose of the duty , Amount of the duty in conditional units
1 Information search conducting on the application for: - invention 100 - utility model 30 - industrial design 50
The document certifying payment of the duty shall be submitted together with the solicitation for information search conducting.
Purpose of the duty Amount of the duty in conditional units
2 Mailing: Eurasian application to the Eurasian Patent 30 Office International application under PC'f Treaty 100 Materials of an application to the European Patent Office 100 Materials of an application to FIPS 30 Materials of an application for international registration of trademarks into the International 100 Bureau of the World Intellectual Property Organization (WIPO)
The document certifying payment of the duty shall be submitted together with the application for mailing.
Purpose of the duty Amount of the duty in
IP/N/l/KGZ/I/6 Page 22
I .) - reparation an Issuance 0 a pnonty ocument
The document certifying payment of the duty shall be submitted together with the solicitation on granting priority document.
Purpose of the duty
4 Filing VarIOUS types 'of solicitations and 20 applications
Amount of the duty in conditional units
5 Attestation and registration ofpatent attorneys: - attestation of candidates to patent attorneys 50 - repeated attestation ofpatent attorneys 100 - appellation to Attestation commission decision 100 - repeated examination _ 75 - registration of a patent attorney and granting of certificate 50 - amendments and additions inserting to the State - Register of patent attorneys of the Kyrgyz 50 Republic and to certificate of a patent attorney