Patent Application in Kazakhstan

Categories:

Author:

Source:

Release time:2016-07-03

The National Patent Office of Kazakhstan was established on June 23, 1992; The Patent Law was promulgated and entered into force on June 24 of the same year.

The Law on Trademarks, Service Marks and Appellations of Origin of Goods was adopted on 18 January 1993.

At present, the National Patent Office of Kazakhstan has one director and one deputy director. Departments within the bureau have review committees,Grievance Committee,Office Training Center,National Register and Registry,Trademark and Design Review Division,Licensing, International Relations and Law Division,Invention and Utility Model Examination Division,Advertising-Publishing and Automated ManagementDivisionReview methods center.

 

Kazakhstan applies patent protection to inventions, utility models and designs. It is worth mentioning that Kazakhstan has a unique approach to patent protection for inventions and designs, I .e. a preliminary patent can be granted before the patent is granted. The Patent Law specifically provides for patent applications for inventions and designs after passing the form examination.,The preliminary patent is granted and the relevant information is published at the same time no later than 4 months from the date of arrival of the application at the Patent Office. The validity period of a preliminary patent for an invention and a design is 5 years from the date of arrival of the application at the Patent Office.

 

The applicant for the invention and design or a third person may submit a request for actual examination at any time within 4 years from the date of the arrival of the application at the Patent Office.,The Patent Office shall examine the substance of the invention in accordance with the law. Novelty, creative and industrial utilitySexand design substance review novelty, originality, industrial applicability. The patent right shall be granted after the application for patent for invention and design has passed the actual examination.,A patent for invention is valid for 20 years from the date of arrival of the application at the Patent Office, while a patent for design is valid for 10 years.,The term of validity of the design patent may be extended for 5 years upon the written request of the patentee.

 

Utility models do not have preliminary patent protection. The validity period of the patent right granted after the application for utility model is 5 years from the date of arrival of the application at the patent office may be extended for 3 years according to the written request of the patentee.

Patent applications for invention and patent applications for utility models can be converted to each other. Prior to the publication of information on the application for a patent for invention,The applicant shall have the right to submit a request to convert an application for a patent for invention into an application for a patent for utility model. On the other hand, the conversion of the utility model patent application shall be carried out before the decision on the authorization of the utility model patent is made.