MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark AttorneysISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS
Patent and Trademark Attorneys
ISO 9001 CERTIFIED


PATENT IN KAZAKHSTAN

Patent KazakhstanMIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Kazakhstan including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment 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.

Patent protection in Kazakhstan may be also obtained via Eurasian patent.

The validity 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. In case the patent is extended the Supplementary Protection Certificate (SPC) is issued.

Novelty grace period is 6 months from disclosure of the information on invention before filing the application.

Overview of the Patent registration procedure in Kazakhstan:
After completion of filing procedure the Kazakh patent application undergoes the formal examination within 4-6 months. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On the applicant’s request, which may be filed within 3 months from issuance of the above-indicated positive decision of the formal examination, the substantive examination is conducted. The approximate duration of the substantive examination of the invention in Kazakhstan is 2 years. If the invention meets the requirements of patentability, the grant decision is issued. After payment of the registration, publication fee as well as the first post grant annuities the patent is issued. Term for payment of the prescribed fees is 3 months from the date of receipt of the decision.

The procedure of the patent registration in Kazakhstan registration lasts from 3 to 5 years.

Foreign applicants must be represented before the Office by a registered Kazakh patent attorney.

For filing a patent application in Kazakhstan we need:
- your filing instructions with applicant’s and inventor’s name, address and citizenship;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- copy of the amendments, if any;
- 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 entering the Kazakh national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Kazakhstan is 12 months from the priority date.

For more information about patent registration in Kazakhstan or quotation for filing and prosecution of the Estonian patent application please contact us.

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