INVENTIONS IN KAZAKHSTAN
Patent Law of the Republic of Kazakhstan entered into force in August, 1992. Amendments to the Patent Law have been made for the period of its validity. The last ones were made in March, 2007. Current Patent Law has been entered into force from March 15, 2007.
The rights to an invention shall be certified in Kazakhstan by an innovative patent and a patent.
An innovative patent and a patent shall certify the priority date of the industrial property subject matter, the authorship thereof and the exclusive right to use the industrial property subject matter.
An innovative invention patent shall be granted after an examination of the application as to local novelty and industrial applicability of the invention has been carried out.
An examination of the application as to local novelty regards inventions, utility models that have been patented in Kazakhstan, including patented in accordance with international treaties to which Kazakhstan is party, published Eurasian applications and applications filed by other applicants with the Patent Office of the Republic of Kazakhstan before the date of priority of the examined application which have not been withdrawn.
An innovative invention patent shall be granted to the applicant at his own risk and responsibility concerning an absolute novelty and an inventive step.
The term of an innovative invention patent shall be three years from the date of filing of the application with the Patent Office of the Republic of Kazakhstan. The term may be extended at the request of the patent owner for a period not exceeding two years.
An invention patent shall be granted after the formal examination and the substantive examination of the application have been carried out. The term of an invention patent shall be twenty years from the date of filing of the application with the Patent Office of the Republic of Kazakhstan. Where the use of a patented invention requires, in accordance with legislation in force, the authorization of a competent authority (for example, in medicine), the term of the invention patent may be extended for a period not exceeding five years.
The subject matter of an invention may be a technical solution in any field relating to a product (a device, a substance, a microorganism strain, a culture of plant or animal cells), a process (a process of acting upon a material object by means of material instruments) and also the use of a known product or process for a new purpose or a new product for certain purpose.
The following shall not be recognized as patentable inventions:
- discoveries, scientific theories and mathematical methods;
- methods of economic organization and management;
- symbols, schedules and rules;
- methods for performing mental acts, regulations in playing games;
- algorithms and programs for computers;
- projects and plans for structures and buildings and for land development;
- proposals concerning solely the outward appearance of manufactured articles;
- proposals that are contrary to the public interest, humanitarian principles or morality.
The invention application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (unity of invention requirement).
The invention application shall contain:
- the request for the grant of a title of protection, stating the names of the inventor (or inventors) and the person (or persons) in whose name the grant of a title of protection is sought, and the addresses of their residences or places of business;
- the description, disclosing the clamed invention in sufficient detail for it to be carried out by a specialist in the field;
- the claims, stating the essential features of the invention and fully supported by the description;
- the drawings or other materials where indispensable for the understanding of the disclosure;
- the abstract;
- a power of attorney if the application is filed through a patent agent (certified with a seal or a stamp of the applicant, no notarization, no legalization).
- the certified copy of the first application (if conventional priority claimed).
The invention application shall be accompanied by proof of payment of the prescribed fee which may be either furnished together with the application or within two months following the date of its receipt.
The request for the substantive examination to have been carried out may be filed by the applicant (his patent agent) or any third party within three months from the date of sending the notification of the formal examination has been carried out or may be furnished together with the application.
The request for the grant of the title of protection shall be written in the Kazakh or Russian language. Where elements of the application are written in a language other than the Kazakh or Russian, the application shall be accompanied by a Kazakh or Russian translation of those elements. The applicant may furnish a required translation within two months following the receipt of the application containing elements written in another language by the Patent Office of the Republic of Kazakhstan.
The priority of an invention shall be determined :
- by the filing date of the invention application;
- by the filing date of the first application in any State party to the Paris Convention if the invention application has been filed within 12 months from the said date (the certified copy of the first application shall be furnished not later than six months from the date of receipt of the application by the Patent Office of Kazakhstan);
- by the date of receipt of additional documents by the Patent Office of the Republic of Kazakhstan since they are recognized as modifying the subject matter of the clamed solution;
- the priority of the invention based on a divisional application shall be determined by the date of filing with the Patent Office of the Republic of Kazakhstan of the initial application disclosing the invention by the same applicant.
After two months has elapsed following the date of receipt of the application, the Patent Office of the Republic of Kazakhstan shall carry out a formal examination.
In order to determine whether the claimed invention is patentable, the applicant at any time of the examination of the innovative patent application may request that a state-of-the-art search be carried out in respect of the application field.
Natural persons having their residence outside the territory of the Republic of Kazakhstan and foreign legal entities shall be required to act through patent agents registered with the Patent Office of the Republic of Kazakhstan in all proceedings conducted for the purposes of obtaining titles of protection and maintenance thereof as well as for lodging an appeal with the Board of Appeal.
Entering the national phase for an International PCT application
An International PCT application which contains the indication of the Republic of Kazakhstan shall be entered the national phase before thirty-one months have elapsed from the priority date.
For entering the national phase in Kazakhstan the following documents as minimum shall be required: the request for the grant of a patent that shall be written in the Kazakh or Russian language or translation of the international PCT application into the Kazakh or Russian language.
Documents of the international PCT application and translation thereof may be furnished at the Patent Office of Kazakhstan no later than within two months from the date of the expiration of the time limit for entering the national phase.
The term of furnishing the translation may be extended for two months if the applicant has paid additional fees.