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WIPO - PCT Applicant's Guide KZ - 哈萨克斯坦
国家知识产权局 (NIIP)(哈萨克斯坦)

    [MT] 有用信息

    [MT] 《PCT申请人指南》几乎每周都会根据国际局收到的信息进行更新。
    In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.
    [MT] 本文档中使用的缩写列表 :
    Office: National Institute of Intellectual Property (NIIP) (Kazakhstan)
    KPL: Kazakh Patent Law
    [MT] 本文档中使用的货币列表 :
    KZT (哈萨克斯坦坚戈), USD (美元)
    [MT] 国家和办事处信息 :
    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.
    [MT] 办公室概况
    For more technical information about the Office, refer to ePCT Office profile.
    [MT] PCT保留 、声明 、通知和不相容
    条约 64(5)
    Refer to the full list.
    [MT] 办公室关闭日期
    The Office is closed weekly on Saturday and Sunday
    Additional closed dates can be consulted on the Office Closed dates page

    [MT] 国际阶段

    [MT] 附件B - 关于缔约国或政府间组织的资料

    [MT] 缔约国:
    哈萨克斯坦
    [MT] 两个字母代码 :
    KZ
    [MT] 办公室名称:
    国家知识产权局 (NIIP)(哈萨克斯坦)
    [MT] 地点:
    Mangilik Yel Avenue 57A
    010000 Astana
    Kazakhstan
    [MT] 邮寄地址 :
    Same as above
    [MT] 电话:
    (7-7172) 62 15 15
    (7-7172) 62 15 16
    (7-7172) 62 15 91
    [MT] 电子邮件:
    kazpatent@kazpatent.kz
    [MT] 传真:
    None
    [MT] 局是否接受通过传真或类似方式提交文件(PCT规则92.4 )?
    [MT] 专利局是否通过电子邮件发送国际申请通知?
    是的
    [MT] 若使用邮政当局以外的递送服务,在文件遗失或延误的情况下,局是否接受邮寄文件的证据(PCT规则82.1 )?
    Yes, provided that the delivery service is:
    DHL,
    Express Post
    [MT] 专利局是否准备允许申请人向WIPO优先权文件数字存取服务 (DAS ) ( PCT规则17.1(b-之二 ) ) 提供申请?
    More information about WIPO DAS is available at: https://www.wipo.int/en/web/das.
    [MT] 由本国国民或居民提交的国际申请的主管接收局:
    EA,
    IB,
    KZ
    [MT] 国家立法是否限制向外国局提交国际申请?
    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.
    [MT] 为本国指定的主管(或选定的)办事处:
    National protection: KZ
    Eurasian patent: EA
    [MT] 通过PCT 提供的保护类型:
    National:
    Patents,
    Utility models

    Eurasian:
    Patents
    [MT] 办公室接受的付款方式:
    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
    [MT] 根据国家法律进行国际类型查询的可行性(PCT第15条 ) :
    Article 22(7) of the Patent Law
    [MT] 国际公布后的临时保护 :
    None
    [MT] 如果该缔约国被指定(或选举 ), 则有关信息
    [MT] 国家保护
    [MT] 发明人姓名和地址必须提供的时间:
    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.
    [MT] 是否有关于微生物和其他生物材料的存放的特别规定?
    Yes, refer to Annex L.
    [MT] 欧亚专利
    Refer to Annex B(EA)

    [MT] 附件C -- -- 接收办公室

    [MT] 主管接收办公室为国民和居民:
    哈萨克斯坦
    [MT] 国际申请可用语言提交:
    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
    [MT] 请求书可用语言提交:
    English,
    Russian
    Number of copies required by the receiving Office if the international application is filed on paper:
    1
    [MT] 接收局是否接受以电子形式提交国际申请?
    [MT] 收件局是否接受恢复优先权的请求(PCT规则26之二.3 )?
    Yes, the Office applies the “unintentional” criterion to such requests
    [MT] 国际主管查询机关 :
    EA,
    EP,
    RU
    [MT] 国际初步审查主管机关 :
    EA,
    RU

    EP
    The Office is competent only if the international search is or has been carried out by that Office.
    Fees payable to the RO:
    [MT] 传输费用 :
    10,264.80 KZT
    [MT] 国际申请费:
    This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).
    1,667 USD
    [MT] 超过30张的每张费用:
    19 USD
    [MT] 搜索费用:
    Refer to
    Annex D(EA)
    Annex D(EP)
    Annex D(RU)
    [MT] 优先权文件费 (PCT规则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.
    — in case of filing by a legal entity
    2,730.56 KZT
    — in case of filing by a natural person
    1,100 KZT
    [MT] 申请恢复优先权的费用 (PCT规则26之二.3(d ) ) :
    Please refer to the Office
    [MT] 接受局是否要求代理人?
    No, if the applicant resides in Kazakhstan
    Yes, if the applicant is a non-resident
    [MT] 谁可以担任代理人?
    Any natural person resident in Kazakhstan
    [MT] 委托书的放弃:
    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 IP 11.048).
    [MT] 办公室是否已放弃提交单独授权书的要求?
    [MT] 需要另行授权的特殊情况:
    Not applicable
    [MT] 办公室是否已放弃提交一般授权书副本的要求?
    [MT] 需要提供一般授权书副本的特殊情况:
    Not applicable

    [MT] 附件L - 微生物和其他生物材料的存放

    [MT] 指定和选任办公室的要求
    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:
    Notifications related thereto may be consulted under:
    Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:
    [MT] 时间(如果有) 早于 16 个月从优先权日,申请人必须提供:
    [MT] 规则13之二.3(a)㈠至㈢所规定的标记:
    None
    [MT] 任何其他说明:
    None
    [MT] 除第13条之二第3款(a)项(一)至(三)目规定的说明外,根据局通知必须提供的其他说明(如有 ) :
    To the extent available to the applicant, relevant information on the characteristics of the microorganism
    [MT] 其他资料
    Deposits may also be made for the purposes of patent procedure before the National Institute of Intellectual Property (NIIP) (Kazakhstan) with any depositary institution.

    [MT] 全国阶段

    [MT] 进入国家阶段的要求概要

    [MT] 进入国家阶段的适用时间限制:
    Under PCT Article 22(3): 31 months from the priority date
    Under PCT Article 39(1)(b): 31 months from the priority date
    [MT] 国际申请必须翻译成以下语言之一:
    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
    [MT] 进入国家阶段的翻译必须具备以下内容:
    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.
    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)
    [MT] 在特殊情况下是否需要国际申请副本?
    [MT] 国家费用 :
    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.
    [MT] 专利
    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
    [MT] 实用新型
    [MT] 申请费
    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
    [MT] 免除、减少或退还费用:
    The examination fee is reduced by 20% where an international search report or an international preliminary examination report has been established.
    [MT] 局的特殊要求(PCT规则51之二 ) :
    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
    [MT] 谁可以担任代理人?
    Any patent attorney registered to practice before the Office
    [MT] 专利局是否接受恢复优先权的请求(PCT规则第49条之三第2款 )?
    Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

    [MT] 国家阶段的程序

    [MT] KZ.01 翻译(更正)
    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 NP 6.002 and NP 6.003).
    [MT] KZ.02 优先权文件(翻译 )
    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.
    [MT] KZ.03 费用(支付方式)
    The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex KZ.I.
    [MT] KZ.04 审查请求
    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.
    [MT] KZ.05 代表权
    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
    [MT] KZ.06 申请书的修改;时限
    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).
    [MT] 实用新型

    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.
    [MT] KZ.10 年费
    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.
    [MT] KZ.11 根据PCT第25条进行复审

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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.
    [MT] KZ.12 会议时间限制延误的理由

    Reference is made to paragraphs NP 6.022 to NP 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

    [MT] 附件KZ.I - 收费
    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.
    [MT] 专利
    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:
    [MT] 一个发明的
    66,959.20 KZT
    [MT] 对于超过一个的每项发明
    Reduced by 20% where an international search report or an international preliminary examination report has been established.
    53,519.20 KZT
    [MT] 恢复费用:
    [MT] 从未到期的时限到期之日起12个月内
    31,534.72 KZT
    [MT] 申请书更正或修改费
    5,224.80 KZT
    [MT] 专利权人申请保护权的,应当向专利局申请保护权。
    33,253.92 KZT
    [MT] 年费:
    [MT] 1至3年级
    per year 20,320.16 KZT
    [MT] - 4年和5年
    per year 30,150.40 KZT
    [MT] - 6年级和7年级
    per year 39,279.52 KZT
    [MT] - 8至10年级
    per year 60,295.20 KZT
    — for the 11th and 12th years
    per year 79,950.08 KZT
    — for the 13th and 15th years
    per year 120,574.72 KZT
    — for the 16th to the 18th years
    per year 140,229.60 KZT
    — for the 19th and 20th 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 1st and 3rd years
    per year 16,450.56 KZT
    — for the 4th and 8th years
    per year 47,855.36 KZT
    How can payment of fees be effected?
    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
    Forms
    Please refer to the Office.
    Current version applicable from 2026年1月1日 , printed on 2026年2月16日