With a population of almost 20 million, the highest per capita income in the region, and a wide territory rich in natural resources, Kazakhstan represents an attractive market for many international players.
In a vast majority of cases, international companies seeking patent protection in Kazakhstan file Eurasian applications and receive Eurasian patents covering, among others, the Republic of Kazakhstan.
However, for those applicants who
a good option is to file an application directly with the Kazakhstani PTO – the National Institute of Intellectual Property (Kazpatent). For applicants wanting to obtain IP protection quickly, the best solution might be to apply for a utility model patent, an option that is not available in the Eurasian Patent System.
Kazakhstan participates in the main international IP conventions/agreements; an applicant can claim a priority under the Paris Convention or enter the PCT national stage. Patent prosecution procedures within Kazpatent meet standard international requirements.
Prosecution is conducted in the Kazakh or Russian language. NB! Availability of prosecution in the Russian language helps to avoid extra costs related to translation into the national language in case there is at least one parallel case in another jurisdiction where the Russian language is used: Russia, Belarus, or Uzbekistan.
KAZAKHSTANI INVENTION PATENT
Patentable subject matter
A product (device, substance, microorganism strain, plant or animal cell culture) and method (performing actions on a material object with material means), as well as the use thereof for a specified purpose can be protected as an invention in Kazakhstan.
An invention must be novel, inventive and industrially applicable to satisfy the patentability criteria. Absolute novelty is checked for Kazakhstani patent applications. At the same time, Kazakhstan patent legislation provides for a six-month grace period after the first disclosure made before the filing date by the applicant (including disclosures made at exhibitions held in any of the Paris Convention member states) or by a person who received the information directly or indirectly from the applicant.
Economic or business methods, symbols, schedules, rules of gaming or mental operations, computer programs and algorithms as such, projects and arrangements of buildings, territories, structures, trade dress/appearance of product, immoral and inhuman technical solutions are not recognized as inventions in Kazakhstan.
Kazakhstani patent examination consists of preliminary examination (takes 4-6 months from the filing date) and substantive examination (to be requested within 3 months of the end of the formal examination). Prosecution of Kazakh patent applications takes on average 1.5 - 3 years depending on complexity.
The patent term is 20 years with an additional 5 years claimable for inventions on medicine and agrochemicals.
Deadlines for filing a patent application in Kazakhstan:
The costs of obtaining a Kazakhstani patent depend on the volume of the patent application. Please provide us with the application particulars so we can calculate the filing costs.
Patent filing requirements in Kazakhstan:
A KAZAKHSTANI UTILITY MODEL PATENT protects the same subject matter as inventions, i.e. a product (device, substance, microorganism strains, animal/plant cell culture), a process, or a new use thereof. Only formal examination is held within 2-3 months from KZ PTO filing date. Generally, obtaining a KZ utility model patent takes no longer than 1 year on average. The patent is valid for 5 years, extendable by an additional 3 years upon payment of prescribed fees.
A utility model patent (instead of an invention patent) can be requested by the applicant when entering the PCT national stage.
Sojuzpatent will help you to file your patent applications with the Kazakhstani Patent Office in any technical field with assistance of reliable local agents and will help you professionally through each step of the examination and granting. Our attorneys will take on all the substantive issues in every field of art, our state-of-the-art docketing system will help to keep track of the due dates, and our trusted agents will ensure that all the formalities within the Patent Office are fulfilled. We also provide after-grant guidance on annuities, licenses, assignments, recordation of changes, legal enforcement, litigation, negotiations, mediation, and dispute resolution.
Under Georgian patent regulation, it is mandatory to request a substantive examination. As soon as the formal examination is completed, the applicant receives a notification. The request for a substantive examination should be filed within two months after receiving the notification.
What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?
There are three different ways of accelerating prosecution of patent applications in Eurasian Patent Office:
I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?
According to Article 1361 of the Russian Civil Code, the person who has in good faith used a solution identical to the patented invention before its priority date, retains the right to use the same solution without increasing the scope of its use (the right of prior use). Therefore, the patent holder is entitled to request from the said person that the volume of use not be increased.
It is important to note that if the other party is able to prove that prior use de facto represented public prior use/open use (which means, in general terms, that the solution has been disclosed to the public in sufficient details), there is a threat of the patent’s invalidation on the grounds of lack of novelty.
Can the invention’s right of authorship be transferred?
The inventor holds the invention right of authorship, i.e. the right to be legally recognized as the person who made the invention by his or her own creative work. Right of authorship cannot be alienated or transferred. Waiver of author's rights is void. Right of authorship is protected indefinitely.
What are the consequences of failure to work a patent in Russia?
In Russia, no requirement is set for obligatory use of a granted patent; therefore, non-use of a patent does not endanger the patent holder’s exclusive right.
However, there is a provision in the Civil Code aimed at preventing a situation when failure to use a patent entails a shortage of some important products on the market.
In case an invention is not worked during four years after the grant, and if this affects the supply of a product or service, a court can obligate the patent owner to issue a compulsory license to the plaintiff. The price for the compulsory license is to be set in accordance with market conditions.
Any person is entitled to file a lawsuit requesting a compulsory license in case they have approached the patent holder and have been refused a license.
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