Changed on 02/03/2018 - 11:20
Examination of the application for the grant of a patent consists of two stages: preliminary examination and examination for patentability. Preliminary examination is carried out by the expert organization Republican State Enterprise "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (hereinafter - RSE"NIIP").
During the preliminary examination, the existence of necessary documents and fulfillment of the requirements established for them, provided for by the Article 5 of the Law of the Republic of Kazakhstan "On Protection of Selection Inventions" is checked. Preliminary examination of the application for the grant of a patent is held after two months from the date of its submission to the expert organization. Preliminary examination is carried out within two months.
After the preliminary examination, the Ministry of Justice of the Republic of Kazakhstan makes a decision on further consideration of the application and sending the application materials to the State Commissions of the Ministry of Agriculture of the Republic of Kazakhstan for examination of patentability.
After 18 months from the date of an application, information on applications for the grant of a patent for a selection invention, for which a positive decision was made as a result of preliminary examination, is published in the bulletin.
Examination of the selection invention for patentability has its own peculiarities, since this function is performed by the State Commission for the Testing of New Varieties of Agricultural Plants and the State Commission for Testing and Approbation of Breed of the Ministry of Agriculture of the Republic of Kazakhstan. The conformity of the claimed variety, breed with the terms of patentability is checked: novelty, distinctness, unity and stability.
For each variety of plant and for each animal breed, the test for patentability is carried out in accordance with its methodology and in the established period (the Examination period is from 1 to 3 years).
According to the conclusions submitted by the State Commissions of the Ministry of Agriculture of the Republic of Kazakhstan on the issue of a patent, the authorized body decides on the grant of a patent. Based on the decision to grant a patent and confirm payment for preparing for the grant of a patent, issuing an author's certificate, publishing information on the issuance and payment of a state fee, a selection invention is registered in the State Register of Selection Inventions.
The patent is issued simultaneously with the publication of information on its issuance in the official bulletin.