Kazakhstan Patent Law
The Law of the Republic of Kazakhstan that govern the Patents is the Law No. 427, of 16 July 1999 with amended on July 9, 2004, March 2, 2007, January 31, 2012, April 20, 2015 and July 3, 2018.
Kazakhstan is member of the following IP agreements and conventions
Paris Convention, as of December 25, 1991.
Patent Cooperation Treaty, as of December 25, 1991.
Eurasian Patent Convention, as of November 4, 1995.
The application specification may be filed in any other foreign language; however, the translation into Russian must be provided within two months from the filing of the patent application in Kazakhstan.
Patent Filing requirements in Kazakhstan
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be claimed within two months and filed within 6 months from the filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Copy via e-mail of signed and stamped Power of Attorney with the indication of the name and position of the signatory, date and place of signing (must be filed at the filing date). Legalization and notarization is not required.
Kazakhstan Patent Registration Procedure
The patent application is filed at the National Institute of Intellectual Property (KAZPATENT).
Pursuant to the Patent Law, an application for an Patent Invention passes two stages of examination, as described below.
The first stage is the formal examination at which the Patent Office verifies whether the documents submitted comply with the statutory requirements.
The second stage is the examination of industrial applicability and local novelty.
After completion of the filing procedure the application undergoes a formal examination. In case of meeting the requirements of formal examination the conclusion of the formal examination is issued. The request for substantial examination must be filed and the official examination fee must be paid within 3 months from the date of conclusion of the formal examination. If the application meets the requirements of protectability as a result of the substantive examination the grant decision is issued. Upon receiving the substantial examination results, a decision to grant or reject a Patent is issued. The fee for issue of a Patent shall be paid within 2 months from the date of receipt of the positive opinion. Particulars of issue of an invention patent are published in a bulletin of the National Institute of Intellectual Property within 2 months from the registration date of the patent in the appropriate State Register of the Republic of Kazakhstan. Upon payment of the official registration fee, the patent certificate is issued. A opposition may be presented by any person at any time during the patent validity.
The approximately timeframe of obtaining a patent is about 3 years.
PCT and Priority
* Entry of PCT application into national phase should be effected within 31 months from the international filing date or a priority date (if any). The term for filing a conventional patent application in Kazakhstan is 12 months from the priority date.
The protection 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 5 years.
Beginning with the 1st annuity from the filing date. The accumulated annuities are required to be paid after the patent is granted and published (within two months from the publication date).
Notes about appeal patent rejection in Kazakhstan
If the Patent Office adopts a decision not to issue an invention patent, an applicant may lodge an appeal to the Board of Appeals within three months from the date of receipt of such decision. If the Applicant's arguments are found by the Board of Appeals as insufficient, the final decision on rejection is issued. Such decision is appealable in a court procedure, within 6 months from the date of its receipt.
Kazakhstan Trademark Law
Legal basis is the Trademark Act (in force since September 4, 1999) with changes and additions as of January 21, 2019.
Kazakhstan is a member of the Madrid Agreement. From December 8, 2010, Kazakhstan is a member of the Madrid Protocol as well.
Trademark protection is obtained by registration.
Kazakhstan is member of the following IP agreements and conventions:
Paris Convention, as of December 25, 1991.
Madrid Agreement, as of December 25, 1991.
Madrid Protocol, as of December 8, 2010.
Nice classification, 11th edition. Multiple-class applications are possible.
A Power of Attorney (POA) should be signed and stamped. In case stamp is not available the document must be notarised only.
Kazakhstan Trademark Registration Procedure
The application is filed at the National Institute of Intellectual Property (KAZPATENT).
Examination of an application shall be carried out in stages:
1) The preliminary examination (Formal) continues one (1) month from the application filing date. At this stage the Patent Office reviews the content of the application and determines whether all of the statutorily required documents have been submitted.
2) The full examination (Substantive) is carried out within nine (9) months from the application filing date. In the course of full examination, a mark in question is examined for its (i) identity and confusingly similarity with existing trademarks; and (ii) distinctiveness. Based upon the results of full examination, the Patent Office, within 15 business days, adopts a decision on registration or non-registration of the trademark in question. If the results of full examination are positive, the applicant, within 3 months from the date of receipt of notification regarding the positive results of full examination, must pay the established common fee for the issuance of a trademark registration certificate and publication of information regarding the registration.
Following payment of such fee, the relevant trademark is recorded in the State Register of Trademarks and the above information is published in the official bulletin.
National Opposition Period
Since the opposition procedure in respect of pending trademark applications is not stipulated by the current legislation of Kazakhstan, no opposition period is prescribed. An informing letter (observations) can be filed at the National Institute of Intellectual Property by any person before the examination is completed.
The processing time from first filing to registration is approx. 8-12 months.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. In Kazakhstan it is allow to apply for trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline upon payment of a special stipulated fine. Reinstatement of a lapsed trademark is not possible.
Remarks about the trademark Registration procedure in Kazakhstan
After completion of the filing procedure the application undergoes preliminary, formal and substantive examination. On condition of complying with all requirements of the examination the grant decision is issued. Upon payment of the official registration fee by the applicant the trademark is registered, published in the Official Bulletin and the trademark certificate is issued.
Grounds of trademark Cancellation after registration in Kazakhstan
* Cancellation based on relative grounds may be filed to the Appeal Board within 5 years from registration;
* Cancellation based on absolute grounds may be filed to the Appeal Board within the entire period of validity of the trademark;
* Cancellation based on non-use may be filed to the Appeal Board. The grace period is 3 years from registration or prior to the date of filing cancellation.
Obligation to use the registered mark: must be used; if not used within any three-year period after the registration (or last use) date, the mark can be cancelled upon request of an interested party; nominal use (advertising, publications) is accepted in absence of actual use.
Notes about Trademark Rejection Appeal in Kazakhstan
If the Trademark Officers examiners consider a mark in question as not distinctive, or confusingly similar to any previously registered or pending trademark, the Trademark Office issues a provisional refusal to register the mark. There are procedures in place that enable an applicant, within 3 months from the refusal’s date, to respond to such refusal and attempt to work out a solution to the condition that gave rise to the refusal. Failing this, an applicant may appeal to the Board of Appeals.