MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Kazakhstan including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Patent protection in Kazakhstan may be also obtained via a Eurasian patent.
The validity term of a patent in Kazakhstan is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended the Supplementary Protection Certificate (SPC) will be issued.
Novelty grace period is 6 months from disclosure of the information on the invention before filing an application.
Overview of the patent registration procedure in Kazakhstan:
After completion of the filing procedure a Kazakh patent application undergoes a formal examination lasting 2 months approximately. On condition that an applicant submits all required documents, a notification about positive result of the formal examination will be issued. On an applicant's request, which should be filed within 3 months from the issuance of the above-indicated positive decision of the formal examination, a substantive examination is conducted. The approximate duration of a substantive examination of an invention in Kazakhstan is about 2 years. If an invention meets the requirements of patentability, the grant decision will be issued. After the payment of the registration, publication fees, as well as the first post grant annuities, a patent will be issued. The term for payment of the prescribed fees is 3 months from the date of receipt of the decision.
The procedure of the patent registration in Kazakhstan takes from 3 to 5 years.
Foreign applicants must be represented before the Office by a registered Kazakh patent attorney.
What is required for filing a patent application in Kazakhstan:
- filing instructions comprising applicant's and inventor's names, addresses and citizenships;
- a filing number and a date of a priority application or a PCT application;
- a specification with claims, abstract and drawings;
- a copy of the amendments, if any;
- a Power of Attorney simply signed and stamped by the applicant(s); legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA should be provided to the Kazakh Patent Office within 2 months from filing the application.
For conventional applications it is necessary to provide a certified copy of a priority document if priority is claimed. It may be provided to the Kazakh Patent Office within 6 months from the application filing date.
Terms
The term for entering the Kazakh national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Kazakhstan is 12 months from the priority date.
If you need further information concerning patent registration in Kazakhstan or quotation for filing and prosecuting of a Kazakh or Eurasian patent application please feel free to contact us.
