– Patent Law of the Republic of Kazakhstan, in force since August 21, 1999, amended on July 9, 2004, March 2, 2007, January 31, 2012, April 20, 2015, July 3, 2018, October 28, 2019, and June 20, 2022, last amendments in force since August 21, 2022.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– Patent Cooperation Treaty (PCT), since December 25, 1991.
– Eurasian Patent Convention, since November 4, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 30, 2001.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since April 24, 2002.
– Strasbourg Agreement Concerning the International Patent Classification, since January 24, 2003.
– Patent Law Treaty, since October 19, 2011.
– WTO’s TRIPS Agreement, since November 30, 2015.

Applicant: individuals or legal entities.

Foreigners: enjoy same rights as nationals; must elect a patent attorney in Kazakhstan.

Patentability: a patent is granted for an invention which is new, involves an inventive step and is industrially applicable.

Novelty: an invention is new if it is not known from the prior art; novelty grace period for the inventor: six months.

Patents: can be granted for: devices, processes, substances, strains of microorganisms, cultures of plant and animal cells, for the use of a known device, process, substance or strain for a new purpose.

Chemical and pharmaceutical products, as well as diagnostic and therapy methods for human and animal treatment are patentable.

Exceptions to protection: discoveries, scientific theories and mathematical methods; methods of economic organization and management; symbols, schedules and rules; methods and rules of mental operations; algorithms and computer software; projects and plans of the layout of constructions, buildings and territories; solutions concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements; topographies of integrated circuits, as well as plant or animal species. Solutions contrary to humanitarian principles, to public interests and morality, may not enjoy protection as an invention.

Unity of the invention: the application for an invention must cover one invention only, or a group of the inventions forming a single inventive concept.

Priorities: according to the Paris Convention, within twelve months.

Extension of the Conventional term: if an application claiming the Conventional priority could not be filed within twelve months, this term may be extended upon the applicant’s request for a maximum period of two months; however, the Rules of examination state the grace term of twelve months for entering the national phase of PCT applications.

Right of prior user: provided for.

Territory covered: the Republic of Kazakhstan.

Domestic first filing requirement: if an applicant is a Kazakh national or if his/her permanent residence or principal place of business is in Kazakhstan, first filing of the patent application in Kazakhstan is mandatory. 

Filing requirements for an application (to be sent to resident patent attorney):
1. Power of attorney (no legalization);
2. Specification: claims and abstract (may be filed in Kazakh or Russian language, or any other language, whereby the Kazakh or Russian translation should be filed within two months from the filing date);
3. Drawings if any, 3 sets (1 set for electronic filing);
4. Priority certificate, if any (to be filed within six months from the filing date).

Electronic filing: available for national, Eurasian and PCT patent applications.

Electronic signatures: only local electronic signatures (provided by the National Certification Authority of the Republic of Kazakhstan) are accepted.

PCT applications: time limit for entering the national phase under both Chapter I and Chapter II: 31 months. An extension of twelve months is available if the applicant pays an additional fee for late entry into the national phase. Claims: may be amended at the time of national phase entry; multiple dependent claims are permitted.
If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II).

Examination: a formal examination and a delayed full examination.

The formal examination is carried out two months after the filing date (or earlier on the applicant’s request) and comprises the examination as to whether the filed documents meet the formal requirements. The Patent Office then issues a notification informing the applicant of the outcome of the formal examination. 

Time limit for replying to Official notifications/Office actions: three months from date of issue. Extension available for up to six months.

Full (substantive) examination: is carried out provided the corresponding official fee is paid within three months from receiving the notification after the formal examination is completed and comprises the examination as to whether the proposed solution relates to industrial property subject matter eligible for legal protection, unity of the invention and examination regarding patentability i.e. novelty, inventive step and industrial applicability requirements.

Accelerated examination: not available. 

GPPH or PPH ((Global) Patent Prosecution Highway): not available.

Amendments of application: amendments and corrections to the application may be submitted to the Patent Office within two months after the filing date, or with an additional fee at any time before the issuance of the decision; filing of additional material is possible during the formal and the substantive examination; material extending and changing the subject matter is not acceptable.

Divisional application: may be filed either at any time but before a patent is granted or during the formal examination if the requirements for the unity of the invention are not met; a divisional application should be filed within three months of the issue of the corresponding official letter, and retains the priority of the basic application.

Granting decision: issued after the complete examination, if the patentability and novelty requirements are met. A negative decision may be appealed against by the applicant.

Publication: in the electronic Patent Office Gazette. 

Patent certificate: is issued in electronic format only; certificates of authorship are issued in paper format.

Beginning and duration of patent protection: twenty years from the filing date. 

Extension – Supplementary protection: the duration of patent protection of an invention related to a pharmaceutical product or pesticide, the use of which requires the approval of the States Bodies, may be extended on the applicant’s request, but for no more than five years.  The extension request may be filed within six months either from the granting date or from the date of obtaining the first marketing authorization in Kazakhstan. A patent may be extended for the period that passed from filing the patent application to obtaining the first marketing authorization but for a maximum of five years. 

Annuities: beginning with the first 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).

Annuity grace period: six months with 50% surcharge.

Opposition: provided for; may be presented by any person at any time during the patent validity based on unlawful grant of the patent or wrong indications of the data in the application or in the granting decision.

Invalidation: possible, based on unlawful grant of a patent or wrong indications of the data in the application or in the granting decision.

Assignment: to be registered with the Patent Office.

License: must be registered.

Working: compulsory. Lack of working can lead to the granting of a compulsory license, upon a third party’s request.

Working conditions are: manufacture, importation and sales.

Compulsory license: accorded in case of non-working during four years following the publication date of the patent, with compensation.

Infringement: is punished by penalties (including criminal) and compensation.