Article 7. Conditions of patentability of a utility model of the Patent Law of the Republic of Kazakhstan

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1. A utility model includes 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 using 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, except for with the exception of therapeutic and surgical methods of treating humans or animals.

A utility model is granted legal protection if it is new and industrially applicable.

A utility model is new if the totality of its essential features is unknown from prior art information.

Prior art information includes information that became publicly available before the priority date of the utility model, information published in the world about the means for the same purpose as the claimed utility model, information about their use in the Republic of Kazakhstan, as well as, subject to their earlier priority, applications filed in the Republic of Kazakhstan for utility models and inventions (except those withdrawn) and patented in the Republic of Kazakhstan, utility models and inventions of the same purpose.

A utility model is industrially applicable if it can be practically used.

2. The public disclosure of information related to a utility model by its applicant (author) or any person who has received this information directly or indirectly from him, including the demonstration of the utility model 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 novelty of a utility model., provided that the application for a utility model is submitted 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.

3. Solutions related to the objects specified in paragraphs 3 and 3-1 of Article 6 of this Law are not protected as utility models.

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

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