What Can Be Protected As An Invention?
What Cannot Be Protected As An Invention?
Deadline: For national Patent Registration in Kazakhstan, the patent application is required to be filed with the Kazakhstan Patent Office (KAZPATENT) within twelve (12) months from the earliest priority date.
Representation: The client must be represented at the Kazakhstan Patent office by a registered Kazakhstan Patent Attorney.
Translation: Application materials should be translated and filed in the Russian language.
Formal Examination: The process for the examination of Patent Applications in Kazakhstan includes a formal examination within four (4) to six (6) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, a notification of the positive outcome of the formal examination will be issued.
Substantive Examination: The petition for substantive examination should be filed on the client’s request within three (3) months from the issuance of the notification of the formal examination. During this examination the invention is checked for novelty, inventive step, and industrial applicability. The patent is issued or not, after the completion of the substantive examination and in accordance with the results of said examination. The approximate duration for the substantive examination is two (2) years.
Office Action: In case of an Office Action our Kazakhstan Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant options available in overcoming said Office Action.
Duration: The procedure for registration of a patent in Kazakhstan usually takes between three (3) and five (5) years.
Fees: The patent is issued after payment of the registration, first post grant annuities and publication fees for which the deadline is three (3) months from the date of receipt of the decision.
Maintenance: Maintenance fees regarding the patent are required to be paid annually with annuity for the following year being made in the current year of validity.
Validity: In Kazakhstan a patent is valid for twenty (20) years after the initial filing date. It is however possible for agrochemical and pharmaceuticals to apply for an extension of five (5) years on their patent.
Required documents for Filing a Patent Application in Kazakhstan:
Protection in Kazakhstan can also be made through the EAPO (Eurasian Patent Office).