Article 5. Legal protection of industrial property objects of the Patent Law of the Republic of Kazakhstan

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1. The rights to an invention, utility model, and industrial design are protected by a patent.

2. A utility model patent is issued based on the results of an examination of an application for a utility model patent.

A patent for an invention and an industrial design is issued after a formal examination and substantive examination of the application.

A patent certifies priority, authorship and exclusive right to an object of industrial property.

3. A patent for an invention is valid for twenty years from the date of filing the application.

With respect to an invention related to a medicinal product or a pesticide, the use of which requires obtaining permits in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications, the term 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 five years.

The specified period is extended for the time that has elapsed from the date of filing an application for a patent for an invention to the date of receipt of the first permit for the use of the invention, minus five years.

A utility model patent is valid for five years from the date of filing the application. Its validity period may be extended at the request of the patent owner, but not for more than three years.

A patent for an industrial design is valid for ten years from the date of filing the application. Its validity period may be extended each time at the request of the patent owner for five years. In this case, the total period of validity of the patent should not exceed twenty-five years from the date of filing the application.

4. The scope of legal protection granted by a patent is determined by: for an invention and a utility model – by their formula, and for an industrial design – by the totality of its essential features presented in the images of the product's appearance. The description and drawings may be used to interpret the claims of an invention or a utility model.

The security document issued for the method of obtaining the product also applies to the product directly obtained by this method.

In this case, unless proven otherwise, the new product is considered to have been obtained in a protected manner.

5. The right to obtain a security document, the rights arising from the registration of an application, the right to own a security document and the rights arising from a security document may be transferred in whole or in part to another person.

6. Legal protection in accordance with this Law is not granted to objects of industrial property recognized as secret by the State. The procedure for handling classified industrial property objects is determined by the authorized body.

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.

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Republic of Kazakhstan

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