TERMS OF PATENT EXAMINATION – Kazakhstan

In order to obtain a title of protection for an industrial property, the application for a patent should pass the stages of formal and substantive examinations.

Upon filing the application, the date of filing with the assignment of a serial number is established. After, the formal examination follows. During the formal examination in relation to the invention and utility model, the correctness of the application, the availability of a description of the technical solution and drawings is checked. In relation to an application for an industrial design – the correctness of the application, the availability of a description and images of the appearance of the product are verified.

The period of a formal examination for an invention and industrial design is 2 months from the date of application, for a utility model – 4 months.

After completing a formal examination with a positive result and sending a notice of acceptance of the application for consideration, the expert organization carries out substantive examination of the application. The substantive examination is carried out on condition of payment of Patent Office’s fee, which can be made within 3 months from the date of notification of the result of the formal examination. If, as a result of substantive examination, the expert organization establishes that the application and technical solution comply with the conditions of patentability, a decision on patent issue is granted.

It should be noted that the substantive examination is not carried out in relation to the utility model, since the title of protection is issued at risk and under the responsibility of the applicant.

The substantive examination of the application with respect to the invention is carried out within 13 months, with respect to the industrial design – within 7 months from the date of receipt of the application by the Kazakh Patent Office.