Article 6. Conditions of patentability of an invention Chapter 2. Conditions of patentability of objects of industrial property of the Patent Law of the Republic of Kazakhstan

Home / RLA / Article 6. Conditions of patentability of an invention Chapter 2. Conditions of patentability of objects of industrial property of the Patent Law of the Republic of Kazakhstan

1. An invention is granted legal protection if it is new, has an inventive level and is industrially applicable.

An invention is considered new if it is unknown from prior art information.

An invention has an inventive level if it does not explicitly follow from the prior art information for a specialist.

Prior art information includes any information that became publicly available in the world prior to the priority date of the invention.

When establishing the novelty of an invention, information on the state of the art shall also include, subject to their earlier priority, applications filed in the Republic of Kazakhstan for inventions and utility models (other than those withdrawn) and inventions and utility models patented in the Republic of Kazakhstan.

An invention is industrially applicable if it can be used in industry, agriculture, healthcare and other fields of activity.

2. Technical solutions in any field related to a product (device, substance, strain of a microorganism, cell culture of plants or animals), a 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 inventions.

3. They are not recognized as inventions:

1) discoveries, scientific theories and mathematical methods;

2) methods of organization and management of the household;

3) conventions, schedules, rules;

4) rules and methods of performing mental operations, conducting games;

5) computer programs and algorithms as such;

6) projects and layout schemes of structures, buildings, territories;

7) suggestions concerning only the appearance of products;

8) proposals that contradict public order, principles of humanity and morality.

3-1. Patents are not granted for:

1) methods of human cloning and its clone;

2) ways to change the genetic integrity of human germ line cells;

3) the use of human embryos for commercial, military and industrial purposes.

4. The public disclosure of information related to the invention by the applicant (author) or any person who has received this information directly or indirectly from him, including the demonstration of the invention as an exhibit at an official or officially recognized international exhibition organized on the territory of a State party to the Paris Convention, is not recognized as a circumstance affecting the patentability of the invention, provided that that the application for the invention was filed no later than six months from the date of its disclosure or placement at the exhibition. In this case, the obligation to prove this fact lies with the applicant.

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

President

Republic of Kazakhstan

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