Patenting in Kazakhstan

It is possible to establish a regime of protection of intellectual and industrial property at the national and international level. There are two options for obtaining a patent in the territory of the Republic of Kazakhstan - within the framework of patenting through the Eurasian Patent Office, or through the national patent office. In each of these options, the specialists of the Prof-Patent Patent Office will provide assistance.

Peculiarities of patenting of the Republic of Kazakhstan

Like any other state, Kazakhstan has its own patent system, which is headed by the National Institute of Intellectual Property (NIIS RGP). In addition, Kazakhstan is a member of the Eurasian Patent Organization, which allows patent applicants to apply through the national office.

Let us highlight the key features that characterize patenting in the Republic of Kazakhstan:

• legal protection can be established for inventions, utility models and industrial designs;
• duration of a patent is 20 years with a possibility of extension for 5 years (invention), 5 years with a possibility of extension for 3 years (utility model) and 15 years (industrial design);
• to apply for registration of the object of intellectual or industrial property can be directly to the RGP NIIS through the national patent office, or within the framework of obtaining a regional Eurasian patent.

The Eurasian patent will apply not only to the territory of Kazakhstan, but also to the states specified in the application.

For citizens and enterprises under the jurisdiction of the Russian Federation, it is possible to obtain a patent through the national service of Rospatent. For this purpose, an application at the national level is filed, and after its registration, documents for a Eurasian patent can be submitted. The advantage of this filing option is obvious - in addition to saving time and money, all documents will be executed by a specialist of the patent bureau on the territory of Russia.

What is included in the application

In order to obtain a patent, it is necessary to submit an application to the RGP NIIS. You can do it yourself or through a patent attorney. The application can be filed by the author of the invention, the employer or their legal successor. The application includes:

• patent application;
• description of the invention or utility model;
• a claim for a new technical solution or method of its application;
• abstract - an abbreviated description of the invention;
• graphic materials, if they are necessary to disclose the essence of the invention - drawings, diagrams, etc;
• power of attorney for the representative;
• payment order for transferring the state duty.

In order to obtain a patent, it is necessary to submit an application to the RGP NIIS. You can do it yourself or through a patent attorney. The application can be filed by the author of the invention, the employer or their legal successor. The application includes:

The application can be submitted in Kazakh or Russian. For documents in other languages, you will need to certify the translation through a notary's office (this can be done after the application is submitted).

It is possible to apply for Eurasian patent in Russian language. The requirements to the composition of the application documentation will be the same as for the national patent. The set of documents shall be submitted to the Federal Institute of Industrial Property (Rospatent) or to the Eurasian Patent Office.

The total duration of obtaining a patent will be from 3 to 5 years, but from the moment of registration of the application the priority of rights arises.

Stages of patenting

Even before filing the application, it is necessary to conduct a search through the register of objects of the Republic of Kazakhstan - this can be done through the patent bureau. In the course of the search, the existence of registered rights to similar technical solutions will be established. If the search confirms the novelty and uniqueness of the invention, the following stages of patenting are to be completed:

• submission of application documents;
• formal examination - the proper execution of documents and their completeness will be checked;
• if necessary, inquiries will be made to the applicant;
• substantive examination, in the course of which the conditions of patentability of the presented object are checked - for example, for an invention such conditions include novelty, industrial applicability and inventive step;
• If the examinations are positive, the decision on registration of rights to the object in the national register of the Republic of Kazakhstan is made - information on registration is published in the official bulletin of the Patent Office;
• the right holder will receive a patent, which confirms the emergence of exclusive rights to the invention.

As part of the formal examination, the correctness of the classification of the subject matter according to the international patent classification is also checked. In a substantive examination, the correctness of the claims and conditions of patentability are checked.

When submitting an application to the RGP NIIS you need to pay the state duty. For example, the cost of filing an application for registration of a patent for invention is 6096.16 tenge (for citizens) and 20320. 16 (for legal entities), for substantive examination - 20 088, 32 tenge + 16055,20 tenge for each additional claim over one (for individuals) and 66 959,20 tenge + 53 519,20 tenge for each independent claim over one (for legal entities), for granting a patent - 9 975,84 tenge (for individuals) and 33 253,92 tenge (for legal entities). Preferential rates of duty are provided for small businesses. When applying for a Eurasian patent, a single state duty is payable.

Our services in Russia and abroad

Due to the particular complexity of the patenting procedure and the special requirements for the execution of documents, the independent filing of an application is fraught with adverse consequences - the search through the register will drag on for months, at the stage of examination there will inevitably be claims to the description of the object. As a result, after a long procedure of preparation and consideration of the application, it is possible to get a refusal.

Specialists of the Prof-Patent Patent Bureau will help you to comply with all requirements of legislative acts of the Republic of Kazakhstan and international treaties in the patenting system. The services include:

• consulting support at all stages of the registration of the application and obtaining a patent;
• conducting a patent search in the shortest possible time;
• properly and quickly drafting a patent application;
• representing your interests at all stages of the application documentation;
• assistance in patent litigation.

Specialists of our office will help to solve the problem of any complexity in the field of patenting. A great experience of professional activity and impeccable reputation of patent attorneys guarantee fast and correct execution of all documents. To learn more about cooperation with our Prof-Patent office ^® , call the phone numbers listed on the site, or fill out the feedback form.