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Patent Attorneys, Kazakhstan

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UTILITY MODELS IN KAZAKHSTAN


Patent Law of the Republic of Kazakhstan has entered into effect in August, 1992. Amendments to the Patent Law have been made for the period of its validity. The last ones were made in April, 2015.


The rights to a utility model shall be certified in Kazakhstan by a utility model patent.

The term of a utility model patent shall be five years from the date of filing of an application with the Patent Office of the Republic of Kazakhstan. The term may be extended at the request of the patent owner for a period not exceeding three years.

 

A utility model shall be construed as an invention that imparts a new construction to means of production and consumer articles or parts thereof.

The subject matter of a utility model may be a technical solution in any field relating to a product (a device, a substance, a microorganism strain, a culture of plant or animal cells), a process (a process of acting upon a material object by means of material instruments) and also the use of a known product or process for a new purpose or a new product for certain purpose, with exception for diagnostic methods, therapeutic and surgical methods of treatment for people and animals.

The application for the grant of a utility model title of protection shall relate to one utility model only or to a group of utility models so linked as to form a single creative concept (unity of utility model requirement).

A utility model shall be granted protection if it is new and industrially applicable.

A utility model shall be new if the sum of its essential features is not anticipated by prior art.

A utility model shall be industrially applicable if it can be used in industry.

No verification of an inventive step of the claimed utility model shall be carried out.

The utility model application shall contain:

  • the request for the grant of a title of protection, stating the names of the creator (or creators) and the person (or persons) in whose name the grant of a title of protection is sought, and the addresses of their residences or places of business;
  • the description, disclosing the claimed utility model in sufficient detail for it to be made;
  • the claims, stating the essential features of the utility model and fully supported by the description;
  • the drawings;
  • the abstract;
  • a power of attorney if the application is filed through a patent agent (certified with a seal or a stamp of the applicant, no notarization, no legalization).

The request for the grant of the title of protection shall be written in the Kazakh or Russian language. Where elements of the application are written in a language other than the Kazakh or Russian, the application shall be accompanied by a Kazakh or Russian translation of those elements. The applicant may furnish a required translation within two months following the receipt of the application containing elements written in another language by the Patent Office of the Republic of Kazakhstan.

The utility model application shall be accompanied by proof of payment of the prescribed fee which may be either furnished together with the application or within two months following the date of its receipt.

The priority of a utility model shall be determined:

  • by the filing date of the utility model application;
  • by the filing date of the first application in any State party to the Paris Convention if the utility model application has been filed within 12 months from the said date (the certified copy of the first application shall be furnished not later than six months from the date of receipt of the application by the Patent Office of Kazakhstan);
  • by the date of receipt of additional documents by the Patent Office of Kazakhstan since they are recognized as modifying the subject matter of the claimed solution;
  • the priority of the utility model based on a divisional application shall be determined by the date of filing with the Patent Office of Kazakhstan of the initial application disclosing the utility model by the same applicant.

Natural persons having their residence outside the territory of the Republic of Kazakhstan and foreign legal entities shall be required to act through patent agents registered with the Patent Office of the Republic of Kazakhstan in all proceedings conducted for the purposes of obtaining titles of protection and maintenance thereof as well as for lodging an appeal with the Board of Appeal.