Patents Laws in Kazakhstan
Patent laws in Kazakhstan are governed by national legislation and aligned with international agreements to which Kazakhstan is a party. Here's a concise overview of patent laws in Kazakhstan:
🔹 Key Legislation
Patent Law of the Republic of Kazakhstan (originally enacted in 1999, updated over time)
Civil Code of Kazakhstan – regulates general provisions regarding intellectual property
Law on Trademarks, Service Marks, and Appellations of Origin
Law on Copyright and Related Rights
Kazakhstan is a member of the Eurasian Patent Convention (EAPC).
🔹 Types of Patents in Kazakhstan
Invention Patent – valid for up to 20 years from the filing date (can be extended for 5 years for pharmaceuticals).
Utility Model Patent – valid for up to 8 years.
Industrial Design Patent – valid for up to 15 years (initial 10 years + 5-year extension).
🔹 Patentability Requirements
To be patentable, an invention must:
Be novel (not disclosed in prior art)
Involve an inventive step (non-obvious to a skilled person)
Be industrially applicable
Non-patentable subject matter includes:
Scientific theories and mathematical methods
Computer programs as such
Methods of treatment, diagnosis, and surgery on humans and animals
Plant and animal varieties
🔹 Application Process
Applications can be filed with the National Institute of Intellectual Property (Kazpatent) or through the Eurasian Patent Office.
Language: Kazakh or Russian.
Requires details like: description, claims, abstract, and drawings (if any).
🔹 International Agreements
Kazakhstan is a member of:
WIPO (World Intellectual Property Organization)
Paris Convention (for protection of industrial property)
Patent Cooperation Treaty (PCT) – allows for international patent applications
Eurasian Patent Organization (EAPO) – regional system for patent registration
🔹 Enforcement
Patent holders can:
Take civil actions (injunctions, damages, etc.)
Request administrative actions against infringers
Seek criminal prosecution in severe cases
Customs authorities may assist in border measures for IP enforcement.
🔹 Renewal and Fees
Annual maintenance fees must be paid starting from the third year.
If not paid within the deadline (with grace period), the patent may lapse.
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