Documents and information required for filing a national patent application:
- specification, claims, abstract, and drawings, if applicable;
- the applicant’s name and address;
- the inventor’s name and address;
- in case of claiming the convention priority, a copy of the priority application, certified by the patent office with which the application was filed. No notarization or legalization is required (this document may be submitted to the Patent Office within six months from the application filing date).
- a Power of Attorney (POA) signed by the applicant. The POA may be submitted to the Kazakhstan Patent Office within two months from the application filing date.
Documents and information required for entering a national phase in Kazakhstan for an international (PCT) application:
- the number of the international application;
- any amendments, if any, introduced to the application, not published by the WIPO as of the date of entering Kazakhstani national phase;
- any amendments, if any, which the applicant wishes to introduce into the application at the national stage;
- a Power of Attorney (POA) signed by the applicant. The POA may be submitted to the Patent Office within two months from the date of expiry of 31 months since the priority date; and
- a Russian translation of the application (it has to be submitted to the Patent Office no later than two months from the date of expiry of 31 months since the priority date. Please note that our Agency may arrange for the translation).
In accordance with the Patent Law of the Republic of Kazakhstan, dated July 16, 1999, as amended (the “Patent Law”), the title rights to an invention are certified by a Patent or an Innovation Patent.
An application for a Patent is examined in two stages. At the first stage named as the formal examination, the Patent Office verifies whether the documents submitted are in compliance with the statutory requirements. If the applicant is notified of positive results of formal examination, he shall pay, within three month from the date of notification, the established fee for the next stage, the substantial examination. The substantial examination includes:
- determination as to whether the claimed invention may be included to objects that are protected as inventions,
- the information search in regard to the invention in question, aimed to determine the state of the art, and
- verification of compliance of the invention in question with the requirements regarding the unity of invention and criteria of patentability, as established by the Patent Law.
Upon receiving the substantial examination results, a decision to grant or reject a Patent is issued. The fee for issue of a Patent shall be paid within 2 months from the date of receipt of the positive opinion. The Patent is granted for 20 years since the application filing date (for a PCT application, from the date of filing such PCT application. 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.
If the Patent Office adopts a decision not to issue an invention patent, an applicant may lodge an appeal to the Board of Appeals within three months from the date of receipt of such decision. If the Applicant's arguments are found by the Board of Appeals as insufficient, the final decision on rejection is issued. Such decision is appealable in a court procedure, within 6 months from the date of its receipt.
First annuities are calculated starting from the first year and are subject to payment within 2 months from the publication date.
Pursuant to the Patent Law, an application for an Innovation Patent passes two stages of examination, as described below.
The first stage is the formal examination at which the Patent Office verifies whether the documents submitted comply with the statutory requirements.
The second stage is the examination of industrial applicability and local novelty.
An Innovation Patent is granted for three (3) years since the application filing date (for a PCT application, from the date of filing such PCT application). At the request of the patent owner, the term may be extended for a period not exceeding two (2) years. The terms of responses, publications, etc. relating to a PCT application for a limited patent are similar to those described above in respect of a PCT application for a full patent.