MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to utility model registration in Kazakhstan including patent search, translation of an application, filing and further prosecution of the Kazakh utility model application, patent maintenance, preparing and recordal of changes, assignments, and license agreements as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
The term of protection of a Utility Model in Kazakhstan is 8 years from the filing date, i.e. 5 basic years extendible for 3-year term.
Novelty grace period is 6 months from disclosure of the information on utility model before filing the application.
According to the Kazakh legislation, the application for a utility model should relate to one utility model or a group of utility models, united by the single inventive idea. The object of the utility model application may be the same as of the invention application, namely a product or a process, or a new use of the already known product or process.
Overview of the Utility Model registration procedure in Kazakhstan:
After completion of filing procedure the Kazakh utility model application undergoes the formal examination within 2-3 months from the filing date. On condition that the applicant submits all required documents the grant decision is issued. The stage of the substantive examination is absent for the utility model in Kazakhstan. The Examination Board examines only formal requirement and the fact that the utility model complies with the subject matter protected as utility models. If the registration and publication fees as well as the first post grant annuities are paid, the decision is published in the Official Bulletin and the patent is issued. Term for payment of the prescribed fees is 3 months from the date of issue of the decision.
The procedure of the utility model registration in Kazakhstan takes about 1 year.
Foreign applicants must be represented before the Office by a registered Kazakh patent attorney.
For filing a utility model application in Kazakhstan we need:
- your filing instructions with applicant's and inventor's names, addresses and citizenships;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required (may be provided to the Kazakh Patent Office within 2 months from filing the application);
- for conventional applications - Certified copy of the priority document, if priority is claimed (may be provided to the Kazakh Patent Office within 2 months from filing the application).
The term for filing a utility model application claiming priority in Kazakhstan is 12 months from the priority date. The term for entering the Kazakh national phase of a PCT application as utility model is 31 months from the priority date.
For more information about registration of the utility model in Kazakhstan or quotation for filing and prosecution of the Kazakh utility model application please contact us.