Changed on 16 May, 2019 - 14:15
According to the paragraph 2 of the Article 6 of the Patent Law of the Republic of Kazakhstan, technical solutions in any area relating to the product (device, substance, microorganism strain, plant or animals cell culture), the method (the process of performing actions on a material object with the help of material means), as well as the use of a known product or method for a new purpose or a new product for a specific purpose are protected as an invention.
The legal protection of the invention is granted, if it is new, has an inventive level and is industrially applicable.
It should be noted that the paragraph 3 of the Article 6 of the Patent Law of the Republic of Kazakhstan provides for a list of objects that are not recognized as inventions:
- methods of organization and management of the economy;
- symbols, schedules, rules;
- rules and methods of performing mental operations, gaming;
- programs for computers and algorithms as such;
- projects and arrangements for structures, buildings, territories;
- proposals relating only to the trade dress of products;
- proposals that are contradictory to public order, the principles of humanity and morality.
The rights to an invention are protected by a patent, which is issued on the basis of the results of an examination conducted in accordance with the Patent Law of the Republic of Kazakhstan.
A patent for an invention is issued after an examination as to form and examination of the application on the merits.
Expertise of applications for the grant of patents for inventions is carried out by an expert organization - the Republican State Enterprise on the right of economic management "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan.
The patent certifies the priority, authorship and exclusive right to an object of industrial property.
A patent for an invention is valid for twenty years from the application date.
For an invention relating to a medicinal product, a pesticide for application of which permitting is required, in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications, the period of validity of the exclusive right and the patent certifying this right may be extended at the request of the patent owner, but not more than for five years.
Indicated period is extended for the time from the date of application for the grant of a patent for an invention until the date of receipt of the first authorization to use the invention after deduction of five years.