The nuances of patenting in the Republic of Kazakhstan are due to the participation of the state not only in the Patent Cooperation Treaty, but also in the Eurasian Convention. This makes it possible to secure the rights to objects of industrial property in several ways at once - from obtaining a national patent, to participation in the regional registration system of the Eurasian Patent Organization (EAPO).

Ways to register a patent in Kazakhstan

Once an inventor has finished working on a new technology, product, or manufacturing method, he must go through the patenting process. Otherwise, he will not receive legal protection for his development. The subject matter of industrial property in the Republic of Kazakhstan shall be patented:

• inventions, i.e. technical solutions, or methods and techniques of production;
• utility models, which may only be in the form of technical solutions;
• industrial design, i.e. solution of external appearance of a product, not conditioned by its technical functions and properties;
• special objects of intellectual activity - selection achievements, topologies of integrated circuits, etc.

Occurrence of rights on the specified technologies is possible only after patenting, i.e. consideration of the application, carrying out of examinations and inclusion of corresponding data in registers. In the territory of the Republic of Kazakhstan, patenting is carried out by the RGCP NIIS (Kazpatent) - it is this agency that will consider national and international applications.

Kazakhstan has ratified the Paris Convention, is a party to the Patent Cooperation Treaty (PCT) and the Eurasian Patent Convention. This makes it possible to secure intellectual property rights in the following areas:

• directly to the RGCP NIIS (Kazpatent) it is possible to submit a national application - it is drawn up in the Kazakh language and the patent will be valid only within the borders of this country;
• application for a regional Eurasian patent can be filed through the national service of any member-state of the EPC - in this case documents are executed in Russian, and the patent will come into effect automatically in all 8 countries;
• When filing an application under the PCT system, an unlimited number of countries-participants of the Treaty, including Kazakhstan can be indicated - in this case patenting will be carried out by a single application, which can be submitted to the patent service at the place of registration or residence of the applicant.

 

The possibility to obtain a patent in Kazakhstan is not affected by the place of residence or registration of the developer. However, foreign inventors can apply only through patent attorneys accredited by the RGCP NIIS (Kazpatent).

The choice of one of the possible patenting options depends on the developer's decision. If the introduction of a new technology or industrial production is planned only in the territory of Kazakhstan, it is enough to obtain a national patent. If the forthcoming activity is connected with development of production or foreign economic activity in several countries at once, it is advisable to apply for a Eurasian patent or undergo registration under the PCT.

To get an explanation of all the nuances of patenting in the above areas, please contact our experts. We will help you choose the best option for registration of rights in the Republic of Kazakhstan, prepare all necessary documents and provide support in the examination of the application.

Features of patenting

Regardless of the patenting option chosen, the developer will have to go through a number of mandatory stages. All examinations will be carried out on the basis of the application, which must be filled out with special attention. The content of the application documentation includes:

• application, in which it is necessary to specify the personal or registration data of the inventor, information about the representative, the list of selected countries in the case of international patenting;
• claims of the invention or utility model - it is allowed to indicate several claims at once, if they refer to one technical solution and/or production method;
• description of the claims, with disclosure of the essence of the object, description of the criteria of its patentability;
• a set of images of the external appearance of the product - submitted instead of claims only for industrial designs;
• abstract, i.e. a summary of the description for the subsequent publication in the Bulletin of the RGKP NIIS.

If the inventor acts through a representative, a power of attorney must be attached to the application.

Documents are submitted to NIIS RGCP by mail, through the official website, or directly to the office of the office. After receiving the documents, information about the received application will be published in the Kazpatent Bulletin. At the same time the application will be given a national and conventional priority, which gives an advantage for examination.

Further patenting activities also comply with generally accepted rules:

• specialists of the RGCP NIIS will conduct a formal examination, during which they will check the completeness of the submitted documents and the correctness of their completion;
• Within the framework of substantive examination, the criteria of patentability will be checked, information search on the registers will be carried out;
• In case of positive outcome of examination, the decision on registration and granting of patent will be made - information about right holder will be entered into the register and published in the Gazette of Kazpatent.

With the issuance of a patent, a legal protection regime arises. The patentee will be able to use the registered technology for their own needs, to dispose of exclusive rights under assignment or licensing agreements. The list of measures for the protection of patent rights includes submission of written claims, application to the courts for recovery of losses or compensation, bringing the guilty persons to administrative or criminal responsibility.

National and international patents have equal duration. For inventions it will be valid for no more than 20 years, for a utility model - 10 years, and for a design - 5 years. At the same time extension of protection regime is possible only for industrial designs until the maximum possible term (25 years) expires. To extend the patent it is necessary to submit an application to the RGCP NIIS in due time.

At each stage of registration, the applicant needs to pay mandatory fees and charges. Their amount will depend on the status of the application, the number of claims and the list of countries in which protection is sought. The right holder will also have to make regular payments to maintain the validity of the patent. Failure to pay the cost of the patent and to maintain it will result in the revocation of the exclusive rights.

To avoid problems with the patent, it is advisable to seek help from professionals in advance. Our patent office will provide services for the registration of industrial property rights in Kazakhstan, including international applications.

 

Our Services

In most cases, patenting for foreign developers is allowed only with the participation of professional patent attorneys. In addition, timely application to the patent bureau will eliminate any risks of refusal in consideration of the application, will reduce the time of verification of documents. Our specialists offer the following services:

• consulting support in choosing the form of patenting, filling out documents and passing through registration;
• Conducting a preliminary information search of registries;
• preparation of application and other documents required for obtaining a patent in Kazakhstan;
• support of the application at all stages of patenting, representation of interests at resolution of disputes and consideration of oppositions.

Participation of our specialists in the patenting procedure guarantees that you will pass the registration without any problems. To clarify the conditions of work with our company, call the phone numbers listed on the website, or leave your questions in the feedback form.

Ways to register a patent in Kazakhstan

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