PCT Applicant's Guide Kazakhstan - Valid as from 1 Dec 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Applicable as from 1 December 2024

(published on 21 November 2024)

Summary of latest changes in this version
RO: RO fees

Consult the full list of the changes

Previous version(s): You can consult previous versions of the document. The only applicable version is the current version.
15 Sep 2023, 1 Nov 2023, 1 Jan 2024, 1 Mar 2024, 1 Jul 2024, 21 Nov 2024, Current Version

Advance notice: The Office has notified the IB of changes entering into force soon; you can already consult the changes that will be effective from 1 Jan 2025.

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: National Institute of Intellectual Property (NIIP) (Kazakhstan)

KPL: Kazakh Patent Law

List of currencies used in this document:

KZT (Kazakh tenge), USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Kazakhstan

Two-letter code:

Name of Office:

National Institute of Intellectual Property (NIIP) (Kazakhstan)

Location:

Mangilik Yel Avenue 57A
010000 Astana
Kazakhstan

Mailing address:

Same as above

Telephone:

(7-7172) 62 15 15
(7-7172) 62 15 16
(7-7172) 62 15 91

E-mail:

kazpatent@kazpatent.kz

Website:

https://www.qazpatent.kz
http://www.adilet.gov.kz

Facsimile:

None

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Does the Office send notifications via e-mail in respect of international applications?

Yes

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is:

DHL,

Express Post

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

EA,

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Law on Patents of the Republic of Kazakhstan No. 427-I of 16 July 1999 (as amended up to Law of the Republic of Kazakhstan No. 161-VI of 20 June 2018), Article 37.

Filing restrictions no longer apply with effect from 20 June 2018.

Competent designated (or elected) Office(s) for this State:

National protection: KZ

Eurasian patent: EA

Types of protection available via the PCT:

National:

Patents,

Utility models

Eurasian:

Patents

Payment methods accepted by the Office:

The payment of fees must be effected in Kazakh tenge, but the equivalent amounts in US dollars, Russian rouble or euro may be accepted. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid by money order or bank draft or cash. Payment is also possible by bank transfer via a correspondent bank of “Nurbank” JSC.

Bank details are available at our official website: https://qazpatent.kz/en/qazpatent-turaly/bank-rekvizitteri

Availability under the national law for an international-type search (PCT Article 15):

Article 22(7) of the Patent Law

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiry of the time limit under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of three months from the date of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a Eurasian patent

Refer to Annex B(EA)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Kazakhstan

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Russian

Language in which the request may be filed:

English,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “unintentional” criterion to such requests

Competent International Searching Authority:

EP,

Competent International Preliminary Examining Authority:

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

10,264.80 KZT

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,575 USD

Fee per sheet in excess of 30:

18 USD

Search fee:

Refer to
Annex D(EP)
Annex D(RU)

Fee for priority document (PCT Rule 17.1(b)):

This fee is subject to value added tax (VAT). Applicants may consult the receiving Office or a registered patent attorney for the latest applicable VAT rate.

This amount is applicable in case of filing by a legal entity.

2,730.56 KZT

— in case of filing by a natural person

1,100 KZT

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

Please refer to the Office

Is an agent required by the receiving Office?

No, if the applicant resides in Kazakhstan
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural person resident in Kazakhstan

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may also be made for the purposes of patent procedure before the National Institute of Intellectual Property (NIIP) (Kazakhstan) with any depositary institution.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1). This time limit can be extended by no more than two months if the applicant has paid additional fees.

Kazakh,

Russian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Request, description, claims (if amended, as amended only, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Request, description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

This fee is subject to value added tax (VAT). Applicants may consult the receiving Office or a registered patent attorney for the latest applicable VAT rate.

Patents

Filing fee and fee for formal examination

Must be paid within the time limit applicable under PCT Article 22 or 39(1) or within two months from the date of entry into the national phase. This time limit can be extended by two months, provided that a surcharge of 11% is paid. Fees for electronic and paper filing were amended to be equal by Order of the Director of the NIIP No. 254 dated 23 December 2020.

20,320.16 KZT

Fee for substantive examination

66,959.20 KZT

Annual fees for the first three years

per year 20,320.16 KZT

Utility models

Filing fee

Must be paid within the time limit applicable under PCT Article 22 or 39(1) or within two months from the date of entry into the national phase. Fees for electronic and paper filing were amended to be equal by Order of the Director of the NIIP No. 254 dated 23 December 2020.

16,450.56 KZT

Annual fees for the first three years

per year 16,450.56 KZT

Exemptions, reductions or refunds of fees:

The examination fee is reduced by 20% where an international search report or an international preliminary examination report has been established.

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of three months from the date of the invitation.

Instrument of assignment of the priority application where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Kazakhstan

Who can act as agent?

Any patent attorney registered to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

KZ.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

KZ.02 PRIORITY DOCUMENT (TRANSLATION)

PCT Rule 17.2(a)
The Office will require the applicant to furnish a translation of the priority document into Russian or Kazakh only in certain cases where required for the examination upon special invitation. The Office will invite the applicant to furnish a translation of the priority document within a time limit which shall be fixed in the invitation.

KZ.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KZ.I.

KZ.04 REQUEST FOR EXAMINATION

KPL Art. 22(7), KPL Art. 22(13), KPL Art. 5(3)
A patent is granted only after substantive examination. The substantive examination is carried out after payment of the prescribed fee (refer to Annex KZ.I), which can be made within three months from the date of notification of the result of the formal examination.

KZ.05 REPRESENTATION

Applicants having their residence outside Kazakhstan must appoint a patent attorney registered to practice before the Office. A list of registered patent attorneys is available at the official website of the Ministry of Justice https://www.gov.kz/memleket/entities/adilet/documents/details/42849?lang=ru and at the E-Government website: https://egov.kz/cms/en/articles/patent_agent

KZ.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, KPL Art. 21
The applicant has the right to amend or correct any element in his international application on his own initiative without paying any fee within two months after entry into the national phase provided that the scope of the subject matter of the application is not broadened thereby. After the expiration of the said time limit but before the date of the decision of grant such amendments or corrections may be made only on payment of the prescribed fee (refer to Annex KZ.I).

KZ.07 UTILITY MODEL

PCT Art. 4(3), PCT Art. 43, PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain a utility model instead of a patent in Kazakhstan, on the basis of an international application, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

KZ.08

If the international application is for a utility model instead of a patent, the requirements are basically the same as for a patent except that no substantive examination is carried out (refer to Annex KZ.I).

KZ.09

After the expiration of five years from the international filing date, the term of a utility model may be extended by the Office at the request of the owner of the patent by a maximum of three years.

KZ.10 ANNUAL FEE

After a patent has been granted, an annual fee must be paid for maintaining the patent in force. The first annual fee is to be paid within two months from the date of publication of information on the grant of a patent. All subsequent fees are to be paid before the beginning of the corresponding year. If an annual fee is paid after the specified term has expired, but not later than six months, the amount of the fee is increased by 50%. A patent lapsed because of lack of payment of the annual fee can be restored within three years from the date of expiration of the time limit for payment of the corresponding annual fee. The amounts of the annual fees are indicated in Annex KZ.I.

KZ.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged with the national appeals body.

KZ.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office upon request by the applicant and where justified and subject to payment of the reinstatement fee (refer to Annex KZ.I).

Annexes

Annex KZ.I - Fees

This fee is subject to value added tax (VAT). Applicants may consult the receiving Office or a registered patent attorney for the latest applicable VAT rate.

Patents

Filing fee and fee for formal examination

Fees for electronic and paper filing were amended to be equal by Order of the Director of the NIIP No. 254 dated 23 December 2020

20,320.16 KZT

Fee for substantive examination:

— for one invention

66,959.20 KZT

— for each invention in excess of one

Reduced by 20% where an international search report or an international preliminary examination report has been established.

53,519.20 KZT

Reinstatement fee:

— within 12 months from the expiration of the missed time limit

31,534.72 KZT

Fee for correction or amendment of application

5,224.80 KZT

Fee for the preparation of the documents for grant of the title of protection, the inventor’s certificate and the publication of patent data

33,253.92 KZT

Annual fees:

— for the 1^st to the 3^rd years

per year 20,320.16 KZT

— for the 4^th and 5^th years

per year 30,150.40 KZT

— for the 6^th and 7^th years

per year 39,279.52 KZT

— for the 8^th to the 10^th years

per year 60,295.20 KZT

— for the 11^th and 12^th years

per year 79,950.08 KZT

— for the 13^th and 15^th years

per year 120,574.72 KZT

— for the 16^th to the 18^th years

per year 140,229.60 KZT

— for the 19^th and 20^th years

per year 159,875.52 KZT

Reinstatement fee:

— within three years from the expiration of the missed time limit for payment of the annual fee for patents

11,299.68 KZT

Utility models

Filing fee

Fees for electronic and paper filing were amended to be equal by Order of the Director of the NIIP No. 254 dated 23 December 2020.

16,450.56 KZT

Fee for correction or amendment of application

5,224.80 KZT

For the preparation of the documents for grant of the title of protection, the inventor’s certificate and the publication of patent data

33,253.92 KZT

Annual fees:

— for the 1^st and 3^rd years

per year 16,450.56 KZT

— for the 4^th and 8^th years

per year 47,855.36 KZT

How can payment of fees be effected?

Bank details are available at our official website: https://qazpatent.kz/en/qazpatent-turaly/bank-rekvizitteri

Forms

Please refer to the Office.

Processing

WIPO - PCT Applicant's Guide KZ - Kazakhstan
National Institute of Intellectual Property (NIIP) (Kazakhstan)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide KZ - Kazakhstan National Institute of Intellectual Property (NIIP) (Kazakhstan)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide KZ - Kazakhstan
National Institute of Intellectual Property (NIIP) (Kazakhstan)