MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PCT NATIONAL PHASE IN KAZAKHSTAN

Entering national phase of PCT application in Kazakhstan.


General filing requirements

Deadline
The deadline for entering the Kazakh national phase is 31 months from the priority date. It is possible to restore a prescribed term in Kazakhstan within 2 months from the missed deadline, provided that corresponding fee is paid.

Substantive examination request
The substantive examination of the Kazakh patent application has to be requested simultaneously with filing and the corresponding official fee may be paid within 3 months from the Notification of the Patent Office about the positive decision of the formal examination.

Power of Attorney
Power of attorney should be provided with the Kazakh Patent Office within 2 months from the filing date. Legalisation or notarisation of Power of Attorney are not required.

Translation of the application
International application is prosecuted in Kazakh or Russian languages. If the international application has been filed in any foreign language the deadline for provision of the Kazakh or Russian translation of an application is 2 months from filing the application. This term can be extended for 2 months provided that corresponding official fee is paid.

Amendments on the national phase
Within 2 months from filing the application no official fee for amendments of the application is stipulated. After the expiration of this term the amendments of the application can be maid provided that corresponding official fee is paid. The amendments of the application can be maid before the Decision to Grant a Patent is issued.

Maintenance of a patent
Payment of annuities is not stipulated for the pending patent applications in Kazakhstan. The first annuities for a patent starting from the 1st year till the year when the grant decision is issued are paid within 2 months from publication of the patent. All next annuities are counted starting from the filing date and are paid before a beginning of the next year.

Basic procedure of entering PCT application into the Kazakh national phase

After completion of filing procedure the application undergoes the formal examination within 4-6 months. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On the applicant's request, which may be filed within 3 months from issuance of the above-indicated positive decision of the formal examination, the substantive examination is conducted. The approximate duration of the substantive examination of the invention in Kazakhstan is 2 years. If the invention meets the requirements of patentability, the grant decision is issued. After payment of the registration, publication fee as well as the first post grant annuities are paid the patent is issued. Term for payment of the prescribed fees is 2 months from the date of receipt of the decision.

The procedure of the invention registration lasts from 2 to 4 years.

The validity term of an invention patent in Kazakhstan is 20 years counting from the filing date.

For specific questions or a cost estimation for entering PCT application into the Kazakhstan national phase please contact us.


Almaty

155, Esenberlina Str., off. 322

Medeusky District

Almaty, A25M9X5

Kazakhstan

Fax: + 7 (727) 273 05 61

Email: office@msp.kz

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