Acquisition of patent for a design invention

PravUM offers a full range of services on acquisition of patent for a design invention (a Design) in Kyrgyz Republic and abroad.

 

Acquisition of patent for a Design is the act of granting of exclusive rights to the Applicant, and the statement of copyright and priority for this product of industrial property.

A patent is a title of protection granted by the Kyrgyz Intellectual Property Office to certify the priority, authorship and exclusive right of the holder of patent to the industrial property product.

The volume of legal protection given by the patent for a design is defined by the total of its essential attributes represented on images of the product (a model) and specified in the list of essential attributes. That is why it is so important to define the essential attributes for the greatest protection and in particular for the opportunity to make an infringer liable.

 

The right to acquire a patent is given to:

  1. The author (authors) of the Design;
  2. An employer in case of creation of the Design by an employee in the course of performance of the employment duties or performing a task;
  3. Their assignee including individuals who acquired the right as an assignment.

 

An application for a design shall contain:

  1. Application (due form);
  2. A set of images of the product (a model) to give a complete and detailed representation of the appearance of the product;
  3. A general view drawing of the product, an ergonomic scheme, and a team chart if requested  for disclosing the essence of the design;
  4. A description of the design;
  5. A list of its essential attributes.

Documents to be enclosed with the application:

  • A document to confirm the payment of fee in the established amount or a basis for release from payment of the fee, and for its reduction;
  • Power of attorney duly executed in the name of the agent if the application is submitted through the agent.

 

Steps and terms of delivery of a patent for a Design:

  • After submission of application for a patent, the Kyrgyz Intellectual Property Office conducts a Formal examination to check the completeness of documents requested, their correctness, etc. The formal examination takes some 2 (two) months.
  • The next step is a Preliminary examination of the application. The Kyrgyz Intellectual Property Office is checking whether the alleged design concept is a design and whether it conforms to the novelty and originality. Preliminary examination takes 4 (four) months.
  • The last step is a Substantive Examination which is conducted in case of petition of the applicant or the third parties. During this examination the design is checked for patentability and if positive, a decision on delivery of patent is made. The Substantive Examination takes some 12 (twelve) months from the date of submission of the above-said petition.

See: Fees for acquisition of patent for a Design

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