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Patent registration in Kazakhstan allows inventors and companies to obtain legal protection for technical solutions in any field of technology relating to a product (including a device, substance, microorganism strain or culture of plant or animal cells) and process (being a process for performing actions on a material object by means of material means), as well as the use of a known product or process for a new purpose, or a new product for a specific purpose.
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.
Routes to Obtain Patent Protection in Kazakhstan
The procedure is handled by the National Institute of Intellectual Property of the Republic of Kazakhstan and includes both formal and substantive examination stages. Kazakhstan is a member of the Paris Convention and the PCT system, allowing applicants to claim priority from earlier applications and use international filing routes. Additionally, the patent protection may also be obtained via a Eurasian patent.
The term for entering the Kazakh national phase of a PCT application is 31 months from the priority date.
Foreign applicants must be represented before the Office by a registered Kazakh patent attorney.
Patentability Requirements in Kazakhstan
To obtain a patent in Kazakhstan, an invention must comply with the standard patentability criteria established by Kazakh patent law.
- Novelty — the invention shall be considered new if it does not form part of the state of the art, i.e. it has not been disclosed anywhere in the world prior to the filing or priority date.
- Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
- Industrial Applicability — the invention shall be considered industrially applicable if it can be made or used in industry, agriculture, health protection and other spheres.
Key Facts About Patent Protection in Kazakhstan
Years Validity
Standard validity term of a patent in Kazakhstan from filing date
Months Grace
Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed
Months (Conv.)
The term for filing a conventional patent application in Kazakhstan from the priority date
Years Registration
Average duration of the patent registration procedure in Kazakhstan
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.
Patent Registration Procedure in Kazakhstan
The procedure of the patent registration in Kazakhstan takes from 3 to 5 years. The term for filing a conventional patent application in Kazakhstan is 12 months from the priority date.
Filing & Formal Examination
After completion of the filing procedure, a Kazakh patent application undergoes a formal examination lasting approximately 2 months. On condition that an applicant submits all required documents, a notification about positive result of the formal examination will be issued.
Substantive Examination
On an applicant's request, which should be filed within 3 months from the issuance of the 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.
Grant Decision & Patent Issuance
If an invention meets the requirements of patentability, the grant decision will be issued. After 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.
“One of the procedural deadlines that foreign applicants most often overlook in Kazakhstan is the deadline for requesting substantive examination. Our advice: monitor this stage carefully and file the request without delay after formal examination is completed. Although restoration is available in certain cases, it involves additional costs and should never be relied upon as part of a filing strategy.”
Required Documents and Information
The documents required to file a patent application in Kazakhstan are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.
If you need further information concerning patent registration in Kazakhstan or a quotation for filing and prosecution of a Kazakh patent application, please feel free to contact us.
Required at Filing
Filing instructions
Comprising applicant's and inventor's names, addresses and citizenships.
Technical files
A specification with claims, abstract and drawings.
Application data
A filing number and a date of a priority application or a PCT application.
Note:
A copy of the amendments may be submitted if applicable. For conventional applications, a certified copy of a priority document must be provided if priority is claimed.
May be submitted after filing
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.
Deadline: 3 months from filing dateTranslation into Kazakh or Russian
If the application is filed in any other language, a full translation into Kazakh or Russian must be provided.
Deadline: 2 months from filing datePriority Document
A certified copy of the priority document if priority is claimed (for conventional applications).
Deadline: 6 months from filing datePatent Budget Structure in Kazakhstan
The total investment required for patent registration in Kazakhstan is not fixed and depends on several critical factors. The final patent cost in Kazakhstan is determined by the complexity of the invention, the number of claims in the application and the specific legal strategy chosen for protection before the National Institute of Intellectual Property of the Republic of Kazakhstan.
Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.
Official Government Fees
Filing and grant each trigger a separate official fee
Official fees differ depending on whether the applicant is a legal entity or a natural person
Triggers an additional official fee which depends on the number of independent claims and whether an International Search Report (ISR) is available
Paid annually to keep the patent in force for its 20-year term
A recordal fee applies to registering an assignment or license agreement
Professional Attorney Fees
Calculated based on the number of independent claims
Covers the substantive examination request and completing the process through to grant; the fee depends on the number of independent claims
Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)
Associated Expenses
Flat fee per report (based on databases searched and the technical field's complexity)
Billed per 100 words
Frequently Asked Questions
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What are the main routes to obtain patent protection in Kazakhstan?Patent protection in Kazakhstan can be obtained by filing a national application with the National Institute of Intellectual Property of the Republic of Kazakhstan or via a Eurasian patent. PCT applicants may also enter the Kazakh national phase within 31 months from the priority date.
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Does Kazakhstan conduct a substantive examination of patent applications?Yes. After a positive formal examination, an applicant must file a request for substantive examination within 3 months. The substantive examination takes approximately 2 years.
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Is representation by a Kazakh patent attorney required for foreign applicants?Yes. Foreign applicants must be represented before the Office by a registered Kazakh patent attorney.
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What is the deadline for filing the Power of Attorney in Kazakhstan?The executed Power of Attorney should be provided to the Kazakh Patent Office within 3 months from filing the application. Legalization and notarization are not required unless the PoA is signed by a proxy-holder.
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How long does patent registration in Kazakhstan take?The procedure of the patent registration in Kazakhstan takes from 3 to 5 years, including formal examination (approximately 2 months) and substantive examination (approximately 2 years).
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Can pharmaceutical patents be extended beyond 20 years in Kazakhstan?Yes. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of the 20-year term for an additional 5 years. In such cases a Supplementary Protection Certificate (SPC) will be issued.
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For how long is a patent valid in Kazakhstan?A patent in Kazakhstan is valid for 20 years from the filing date of the application, subject to the timely payment of annual maintenance fees.
