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Patent registration in Kyrgyzstan allows inventors and companies to obtain legal protection for technical solutions relating to a product (including a device, substance, microorganism strain or plant or animal cell culture), a process (a method of performing actions using material means) or the new use of a known product or process. The procedure is handled by the Patent Office of the Kyrgyz Republic (Kyrgyzpatent) and includes both formal and substantive examination stages. Kyrgyzstan is a member of the Paris Convention, the PCT and the Eurasian Patent Convention — meaning patent protection may also be obtained via a Eurasian patent.
MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Kyrgyzstan including patent search, patent translation, filing and further prosecution of the Kyrgyz patent application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Routes to Obtain Patent Protection in Kyrgyzstan
Patent protection in Kyrgyzstan may be obtained by filing a national patent application with the Patent Office of the Kyrgyz Republic (Kyrgyzpatent) or via a Eurasian patent.
The term for entering the Kyrgyz national phase of a PCT application is 31 months from the priority date.
Foreign applicants must be represented before the Office by a registered Kyrgyz patent attorney.
Patentability Requirements in Kyrgyzstan
To obtain a patent in Kyrgyzstan, an invention must comply with the standard patentability criteria established by Kyrgyz patent law.
- Novelty — the invention shall be considered new if it does not form part of the state of the art, i.e. it has not been disclosed anywhere in the world prior to the filing or priority date.
- Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
- Industrial Applicability — the invention shall be considered industrially applicable if it can be made or used in industry, agriculture, health protection and other spheres.
Key Facts About Patent Protection in Kyrgyzstan
Years Validity
Standard validity term of a patent in Kyrgyzstan from filing date
Months Grace
Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed
Months (Conv.)
The term for filing a conventional patent application in Kyrgyzstan from the priority date
Years Registration
Average duration of the patent registration procedure in Kyrgyzstan
Patent Registration Procedure in Kyrgyzstan
The procedure of the patent registration in Kyrgyzstan takes from 2 to 4 years. The term for filing a conventional patent application in Kyrgyzstan is 12 months from the priority date.
Filing & Formal Examination
After completion of the filing procedure, a Kyrgyz patent application undergoes a formal examination lasting approximately 2 months. On condition that an applicant submits all required documents, a notification about the positive result of the formal examination is issued.
Substantive Examination
On applicant's request, which should be filed within 30 months from the filing date, a substantive examination is conducted. If an invention meets the requirements of patentability, a grant decision will be issued.
Grant of Patent
After payment of the registration and publication fees, a patent is issued. The term for payment of the prescribed fees is 3 months from the date of receipt of the grant decision. First post-grant annuities starting from the 3rd year must be paid within this term as well.
Asel Obozova
Kyrgyzstan Patent Attorney
“Many inventors assume that any public disclosure before filing immediately destroys patentability. The Kyrgyz law provides a 12-month grace period for disclosures made by the inventor or derived from the inventor. Our advice: although this safety net exists, it should remain a last resort rather than a filing strategy—filing before publication is always the safer approach.”
Required Documents and Information
The documents required to file a patent application in Kyrgyzstan are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.
If you need further information concerning patent registration in Kyrgyzstan or a quotation for filing and prosecution of a Kyrgyz patent application, please feel free to contact us.
Required at Filing
Filing instructions
Comprising applicant's and inventor's names, addresses and citizenships.
Technical files
A specification with claims, abstract and drawings.
Application data
A filing number and a date of a priority application or a PCT application.
Letter of consent
Letter of consent executed between the applicant and the inventor if they are not the same person should be provided to the Patent Office upon filing the application.
Note:
A copy of the amendments may be submitted if applicable. The applicant may amend the application within 2 months from filing.
May be submitted after filing
Power of Attorney
Simply signed and stamped by the applicant(s). Legalization and notarization are not required unless it is signed by a proxy-holder.
Deadline: 2 months from filing dateTranslation into Kyrgyz / Russian
If the application is filed in a foreign language, a translation into Russian or Kyrgyz must be provided. Note: the claims must always be translated into Kyrgyz specifically, even when the rest of the application is filed in Russian.
Deadline: 3 months from filing datePriority Document
A certified copy of the priority document together with its Russian translation, if priority is claimed (for conventional applications).
Deadline: 3 months from filing datePatent Budget Structure in Kyrgyzstan
The total investment required for patent registration in Kyrgyzstan is not fixed and depends on several critical factors. The final patent cost in Kyrgyzstan is determined by the complexity of the invention, the number of claims in the application and the specific legal strategy chosen for protection before the Patent Office of the Kyrgyz Republic.
Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.
Official Government Fees
Filing and grant each trigger a separate official fee
Official fees differ depending on whether the applicant is a legal entity or a natural person
A separate official fee applies
Annual renewal payments, paid from the 3rd year from the filing date
An official fee applies when recording a transfer or license agreement with Kyrgyzpatent
Professional Attorney Fees
Calculated directly based on the total number of claims
Covers the substantive examination request and completing the process through to grant
Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)
Associated Expenses
Flat fee per report (based on databases searched and the technical field's complexity)
Billed per 100 words
Frequently Asked Questions
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What are the main routes to obtain patent protection in Kyrgyzstan?Patent protection in Kyrgyzstan can be obtained by filing a national application with the Patent Office of the Kyrgyz Republic (Kyrgyzpatent) or via a Eurasian patent. PCT applicants may enter the Kyrgyz national phase within 31 months from the priority date.
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Does Kyrgyzstan conduct a substantive examination of patent applications?Yes. A substantive examination must be requested by the applicant within 30 months from the application filing date. Upon payment of the official fee, the substantive examination is conducted and a grant decision is issued if patentability requirements are met.
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Is representation by a Kyrgyz patent attorney required for foreign applicants?Yes. Foreign applicants must be represented before the Patent Office of the Kyrgyz Republic by a registered Kyrgyz patent attorney.
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What are the language requirements for patent applications in Kyrgyzstan?The official languages are Kyrgyz and Russian. Applications filed in another language must be translated into Russian or Kyrgyz within 3 months from the filing date. Importantly, the claims must always be translated into Kyrgyz specifically, even when the rest of the application is submitted in Russian.
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How long does patent registration in Kyrgyzstan take?The procedure of the patent registration in Kyrgyzstan takes from 2 to 4 years, including formal examination (approximately 2 months) and substantive examination requested within 30 months from the filing date.
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For how long is a patent valid in Kyrgyzstan?A patent in Kyrgyzstan is valid for 20 years from the filing date of the application, subject to the timely payment of annual maintenance fees. Annuities are payable from the 3rd year, counting from the application filing date.
