Documents required for filing a national patent application:

1. Specification, Claims, Abstract, Drawings;
2. Filing particulars, namely:
   • applicant(s) name, country/state of incorporation, address;
   • inventor(s) name, country/state of residence, address;
3. A certified copy of the priority application(in case of claiming the conventional priority). A copy of the priority application should be certified by the Patent and Trademark Office. Notarization or legalization of the copy of the priority application is not required. This document may be submitted to the Kazakhstan Patent Office within six months from the application filing date.
4. A Power of Attorney signed by the applicant with indication of full name and position of a signer. This document may be submitted to the Kazakhstan Patent Office within two months from the application filing date;

Documents required for entering a national phase in Kazakhstan for international (PCT) application:

1. Copy of a published international (PCT) application;
2. Documents issued by the WIPO to confirm that the international application passed either Chapter I stages (PCT/RO/101, PCT/ISA/210, PCT/ISA/220, etc.) or Chapter I and II stages (PCT/IPEA/401, PCT/IPEA/408 (if any), PCT/IPEA/409 with annexes (if any));
3. PCT/IB/306 (in case there were any amendments introduced in the application at the international stage);
4. A Power of Attorney signed by the applicant with indication of full name and position of a signer. This document may be submitted to the Kazakhstan Patent Office within two months from the application filing date;
5. Translation (can be prepared by our office, translation of the application text is submitted to the Kazakhstan Patent Office within two months from the filing date of the application with the Patent Office).

In accordance with the Patent Law of the Republic of Kazakhstan property rights for inventions are certified by a Patent and Innovation Patent.

Pursuant to the Kazakhstan Patent Law adopted on July 16, 1999 with amendments as of March 2, 2007 an application for Patent passes two stages of examination.

The first stage involves the conduction of the formal examination. Patent Office checks the availability of the required documents and accurateness of paper work during the formal examination. The applicant is notified of the results of the formal examination, after it is completed. Within three month from the date of notification on positive results from the formal examination, the fee for substantive examination is paid.

The second stage involves the conduction of the substantive examination, which includes:

• ossibility of identification of the filed application to the objects, protected as inventions,
• Conducting the information search in regard to the claimed invention in order to identify the level of technology,
• Verification of compliance of the claimed invention with the requirements on invention unity and conditions of patentability: novelty, inventive step, industrial applicability.

Upon receiving results from the substantive examination, the decision about grant of patent or rejection of the claimed invention is issued. The fee for issuance of a protection document is paid within 2 months from the date of receipt of the positive opinion for issue of the protection document. On the positive result of the substantive examination Patent is granted which is valid for 20 years from the application filing date (for PCT application from the filing date of PCT application). Pursuant to the Patent Law of the Republic of Kazakhstan article 26, item1 particular of the invention patent issue are published in a bulletin of the National Institute of Intellectual Property upon expiration of 18 months. Particulars of issue of an invention patent are published in a bulletin of the National Institute of Intellectual Property within 2 months from the registration date of the patent in the appropriate State Register of the Republic of Kazakhstan.

In case if the invention does not meet the criteria of patentability, a Decision on Rejection is issued. In this case an Applicant has a right to lodge an appeal to the Board of Appeals of Examination Organization within three months from the date of mailing the above Decision. If the Applicant's arguments are found by the Board of Appeals as insufficient, the Final Decision on Rejection is issued. The above Decision is appealable by initiating a court procedure by a person who lodged the appeal or by a patent owner within 6 months from the date of receipt of the Decision.

First annuities are paid within 2 months from the publication date.

Pursuant to the Kazakhstan Patent Law adopted on July 16, 1999 with amendments as of March 2, 2007 an application for Innovation Patent passes two stages of examination.

The first stage involves the conduction of the formal examination. Patent Office checks the availability of the required documents and accurateness of paper work during the formal examination. The applicant is notified of the results of the formal examination, after it is completed.

The second stage involves the conduction of the examination on industrial applicability and local novelty.

Upon receiving results from the examination, the decision about grant of innovative patent or rejection of the claimed invention is issued. The fee for issuance of a protection document is paid within 2 months from the date of receipt of the positive opinion for issue of the protection document. On the positive result of the examination Innovation Patent is granted which is valid for 3 years from the application filing date (for PCT application from the filing date of PCT application). The term may be extended, at the request of the patent owner, for a period not exceeding two years. The innovation patent shall be granted to the applicant at his own risk and responsibility without examination as to world novelty and inventive step.

Pursuant to the Patent Law of the Republic of Kazakhstan article 26, item1 particular of the invention patent issue are published in a bulletin of the National Institute of Intellectual Property upon expiration of 12 months. Particulars of issue of an invention patent are published in a bulletin of the National Institute of Intellectual Property within 2 months from the registration date of the patent in the appropriate State Register of the Republic of Kazakhstan.

In case if the invention does not meet the criteria of on industrial applicability and local novelty, a Decision on Rejection is issued. In this case an Applicant has a right to lodge an appeal to the Board of Appeals of Examination Organization within six months from the date of mailing the above Decision. If the Applicant's arguments are found by the Board of Appeals as insufficient, the Final Decision on Rejection is issued. The above Decision is appealable by initiating a court procedure by a person who lodged the appeal or by a patent owner within 6 months from the date of receipt of the Decision.

First annuities are paid within 2 months from the publication date.

Please be informed that for application is filed before March 2, 2007 Kazakhstan Patent Law adopted on July 16, 1999 with amendments as of July 9, 2004 is effected.

Provisional Patent for an invention and industrial design and Patent for a utility model is granted when a formal examination of an application has been completed.

Therefore, examination of a patent application is divided into two stages: formal examination and substantive examination (initiated upon request of an Applicant or third parties).

1. Formal examination is carried out when a two-month period from a Filing Date in Kazpatent (abbreviation for the Patent Office of the Republic of Kazakhstan). In a course of the formal examination the presence of the necessary documents and their compliance to the requirements provided by Patent Regulations, a possibility of ascribing the claimed technical solution to the objects of invention as well as the unity of the invention are checked. Checking of the claimed invention as for its conformity to the criteria of patentability (namely, novelty, inventive step, and industrial applicability) is not performed. Provisional Patent is granted at owner's risk and responsibility after completion of the formal examination. Provisional Patent is valid for 5 years from the Filing Date in Kazpatent and its validity term may be extended by Kazpatent upon owner's request but no longer than for three years.
2. Substantive examination is carried out by Kazpatent upon request submitted by an Applicant or third parties after publication information concerning granting a Provisional Patent but not later than three years from a Filing Date or five years from a Filing Date provided a validity term of a Provisional Patent has been extended. Substantive examination includes carrying out information search to determine the state of the prior art in relation to the claimed invention and checking its conformity to the other criteria of patentability. In case if the invention meets the criteria of patentability, a Notice of Allowance is issued. Then an Applicant pays Granting Fees in favour of Kazpatent and the invention is registered in the State Register of Patents of the Republic of Kazakhstan. Kazpatent issues a Letters Patent and the information concerning its granting is published in the Official Gazette simultaneously. In case if the invention does not meet the criteria of patentability, a Decision on Rejection is issued. In this case an Applicant has a right to lodge an appeal to the Board of Appeals of Kazpatent within three months from the date of mailing the above Decision. If the Applicant's arguments are found by the Board of Appeals as insufficient, the Final Decision on Rejection is issued. The above Decision is appealable by initiating a court procedure by a person who lodged the appeal or by a patent owner within 6 months from the date of receipt of the Decision. Term of validity of the granted Patent is 20 years from the Filing Date in Kazpatent (for PCT application from the filing date of PCT application).