Changed on 21 February, 2019 - 11:58
In accordance with the paragraph 1 of the Article 7 of the Patent Law of the Republic of Kazakhstan, the utility model includes technical solutions in any field related to the product (device, substance, strain of microorganism, cell culture of plant or animals), to the method (the process of performing actions on a material object by means 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, with the exception of diagnostic, therapeutic and surgical methods of treatment of humans or animals.
It should be noted that the paragraph 3 of the Article 6 of the Patent Law of the Republic of Kazakhstan provides a list of objects that are not recognized as useful models:
- discoveries, scientific theories and mathematical methods;
- 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 plans for structures, buildings, territories;
- proposals relating only to the trade dress;
- proposals that are contrary to public order, the principles of humanity and morality.
The rights to a utility model 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 utility model patent is issued on the basis of the examination of an application for the grant of a utility model patent.
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 is conducting an expert examination of applications for the grant of utility model patents.
The patent certifies the priority, authorship and exclusive right to an object of industrial property.
A patent for a utility model is valid for five years from the date of the application. The term of its validity can be extended at the request of the patent owner, but not for more than three years.