Online Quotation for Entry of PCT Applications to the National Stage in Kazakhstan is available in a second with PAT-ROLL.

What Can Be Protected As An Invention?

  • Methods of treatment.
  • Methods of diagnostics.
  • Swiss-type claims (the first, second or subsequent medical use of a known substance or composition).
  • Also technical solutions (products and/or methods) from any field of technology which after examination have been proven to be new (of novelty), inventive (possessing the inventive step), and industrially applicable.

What Cannot Be Protected As An Invention?

  • Aesthetic and thereby non-technical creations.
  • Game regulations and guidelines for intellectual and economic activity.
  • Scientific theories, Discoveries, and Mathematical Methods.
  • Plant and animal varieties as well as the biological means of obtaining them.
  • Computer programs.
  • Presentations of information.
  • The modification of human genes as well as methods for cloning humans.
  • The use of human embryos in commercial or industrial purposes.
  • Any other invention contrary to morality or public policy.

Deadline: For entry of a PCT Application to the national phase in Kazakhstan, the patent application is required to be filed with the Kazakhstan Patent Office (KzPTO) within thirty-one (31) months from the earliest filing date of the priority application.

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 PCT 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.

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.

Utility Model: A PCT Application for invention entering into the national stage in Kazakhstan can be converted to a Utility Model at the stage of filing or examination. The relevant request can be processed by an authorized Kazakhstan Patent Attorney.
– In Kazakhstan a Utility Model is valid eight (8) years from the date of filing.

Required documents for Filing a Patent Application in Kazakhstan:

  • Applicant’s information (name and address);
  • Inventor’s information (name and address);
  • Description, claim, abstract and drawings, which are finally accepted and published by WIPO;
  • POA signed by applicant(s). Notarization or Legalization is not required.

Protection in Kazakhstan can also be made through the EAPO (Eurasian Patent Office).

Online Quotation for Entry of PCT Applications to the EAPO is available in a second with PAT-ROLL.

Click the following link for a detailed guide on filing patent application and PCT entry into the Kazakhstan National Phase from the perspective of a Kazakhstan Patent Attorney.