LAW No. 427 of 16th JULY 1999 OF THE REPUBLIC OF 
KAZAKHSTAN   
 
PATENT LAW OF THE REPUBLIC OF KAZAKHSTAN  
   
CHAPTER 1.  GENERAL PROVISIONS  
 
Article 1.  General Definitions Used in This Law  
  
 The following general definitions are used in this Law:  
 1) excl usive right — a property right of the holder of the patent to use the 
industrial property object  by any way at own discretion;  
 2) bulletin — an official periodical edition on issues of protection of industrial 
property object s; 
 2-1) Eurasian application - application filed under the Eurasian Patent 
Convention of 9 September 1994;  
 2-2) Eurasian patent - patent granted in accordance with the Eurasian Patent 
Convention of 9 September 1994 ; 
 3) intellectual property items — results of intellectual activities and 
individualization means of participants in civil turnover, goods, work and services;  
 4) protection documents — patents for inventions, industrial design  and utility  
models issued in accordance with this Law;  
 5) excluded   
 6) license  agreement — an agreement under which the holder of the patent 
(licenser) grants to the other part y (licensee) a right to use temporarily the appropriate 
industrial property object  in a certain may;  
 7) industrial property object s — inventions, utility  models and industrial 
samples;  
 7-1) service objects of industrial  property  - inventions, utility models, industrial 
designs created by an employee in the  course of  performance of their duties or  specific 
task of the employer;  
 8) Paris Convention — the Paris Convention on Industrial Pr operty Protection 
dated 20th March 1883 with further amendments and additions;  
 9) holder of the patent — the owner of the protection document;  
 10) patentability terms — terms of granti ng to industrial property object s of 
legal protection as stipulated by this Law;  
 11) patented industrial property objects  — industrial property objects  for which 
protection documents are issued;  
 12) patent attorneys — citizens of the Republic of Kazakhstan who are granted 
in accordance with the legislation of the Republic of Kazakhstan a right to represent 
physical persons and legal entities before the authorised body and expert organiz ation;  
13) international application - the application filed under the Patent Cooperation 
Treaty of June 19, 1970 . 
 
Article 2.  Relations Governed by Patent Law  
  2  1.  The present Law shall regulate the property as well as non -property relations 
related the rewith, arising in connection with the creation of legal protection and use of 
items of industrial property.  
 2.  Protection of other items of intellectual property (selection achievements, 
topologies of integrated circuits, trade marks, service marks, nam es of places of origin 
of goods and others) shall be regulated by other legislative acts.  
 
Article 3.  Sphere of Effect of Present Law  
  
 1.  Provisions of the present Law shall apply to items of industrial property, 
protection documents thereon are issued  by the authorised body , as well as to items of 
industrial property on which patents are issued on the basis of international treaties to 
which the Republic of Kazakhstan is a party.  
 2.  When international treaty ratified by the Republic of Kazakhstan est ablishes 
other rules than those contained in the present Law, the rules of the international treaty 
shall apply.  
 
Article 4.  The Authorised State Body in the Sphere of Protection of 
Inventions, Utility  Models, Industrial Design  
  
 1.  The authorised state  body in the sphere of the protection of inventions, utility  
models, industrial design  (henceforth — the authorised body) — a state body appointed 
by the Government of the Republic of Kazakhstan and carrying out the state regulation 
in the sphere of protec ting inventions, utility  models, industrial design .  
 2.  The scope of the authorised body shall be as follows:  
 1)  the participation in the implementation of the state policy in the sphere of the 
legal protection of inventions, utility  models, industrial  design ;  
 2) issuing of protection documents concerning inventions, utility  models, 
industrial design ;  
 3)  supervision of activities of physical persons and legal entities using industrial 
property object s; 
 4) compilation of protocols and handling admi nistrative violation cases, 
imposition of administrative punishments;   
 5) performance of other powers provided for by this Law, other laws of the 
Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and 
Government of the Republic of  Kazakhstan.  
 
Article 4 -1. State monopoly in the field of  protection of inventions, utility 
models, industrial  designs  
 
      1. Following shall  refer  to state monopoly  and be exercised by  expert organization 
established  by the Government of the Republic of Kazakhstan in the legal form of 
republican state ente rprise: a ctivity on  receiving applications and examination of 
applications for inventions, utility models and industrial designs, preparation of 
documents fo r issuance of protection  document, publicat ion of information on  issue of 
protection  document, implementation of functions on maintenance of protection  
document in force, examination of contracts on assignment of protection  documents  and 
right to receive them , license (sublicense) agreements, maint enance of  the State register  3 of inventions, utility models, industrial designs, including acceptance of applications 
claiming convention al priority after  specified  deadline; transfer  of international 
application in to the national phase; formal examination;  substantive examination 
additionally for each independent item beyond one; extension and re storation  of terms 
for provision of  reply to  request on examination and pay ment ; conversion of  
application for invention or uti lity model; consideration of applica tion with participation 
of applica nt; extension of  deadline for submission of translation  of application 
documents into Kazakh or Russian language, extension of deadlines for submission of 
required documents for each month up to twelve months from the d ate of expiry of the 
deadline, restoration  of missed term for submission of the translation; amendments  into 
application materials, protection  document , state registers of inventions, utility models, 
industrial designs; introduction of similar changes; proce ssing, verification and trans fer 
of international and  Eurasian applications; conduct ion of  information search to 
determine the prior art in order to assess  patentability of an invention, utility model and 
industrial design; issu e of author certificate , its attachments  and duplicates; maintenance 
in force, extension, restoration of term of protection document and publi cation of  
information on maintenance in force, extension  or restoration of protection document; 
acceptance  of application for registration of  agreement  for provision of  complex 
entrepreneurial license in respect of one or  group of industrial property  objects ; 
publication of information about registration of contracts; examination of supplementary 
agreements; acceptance of  request for  provision o f open license; provi sion of  extract 
from the state regist ers of inventions, utility models and industrial designs; sale  and 
publication of printed and electronic publications; examination of  pledge agreement . 
      2. Activities technologically related to  the activity of expert organizations  shall be 
the following : 
      1) making  copy of application (priority document), application documents, cited 
documents, issue  of certificates  and statistical data on protection documents;  
      2) confirmation of paym ent. 
      3. Prices for goods (works, services) provided by state monopoly  entity shall be  
established by authorized body in agreement with antimonopoly agency . 
 
 
Article 5.  Legal Protection of Items of Industrial Property  
  
 1.  Rights to invention , utility model and industrial design  shall be protected by a 
patent.  
 2.    The patent for the utility  model shall be issued according to results of the 
expert examination of the application for issue of a patent for the utility  model.   
 The patent for the inv ention and industrial design  shall be issued after the 
conducting of the formal expert examination and expert examination of the application 
as to substance.   
 The patent shall certify priority, authorship and exclusive right to the industrial 
property obj ect.   3.   
 Patent on invention shall be valid during twenty years from the date of 
submission of the application.   
 With respect to the invention relating to pharmaceutical or  pesticide (agricultural 
chemical) , use of which  require permits in accordance with the legislation of the  4 Republic of Kazakhstan, the term of validity of  exclusive right and the patent certifying 
this right can be extended  by the patent holder's request  but not more than  for five years.  
  Patent on utility model shall be valid durin g five years from the date of 
submission of the application with possible extension of the validity term pursuant to 
the patentee petition, but not more than for three years.  
 Patent on industrial design shall be valid during fifteen  years from the date of  
submission of the application with possible extension of the validity term pursuant to 
the patentee petition, but not more than for five years.  
The order of extending the validity of the patent  for the invention, utility mo del 
and industrial design shall be determined by the authorized body . 
 4.  The scope of the legal protection granted by the protection document on 
invention and utility model shall be defined by their formula, and in the case of 
protection by the patent on the industrial design  – by the totality of its essential features 
as indicated in pictures of the item (model) and listed among the substantial features of 
a given industrial design . In order to interpret the formula of the invention, utility model 
the description and drawings may be may be used .  
 The effect of the protection document issued for the method of manufacturing of 
a product shall also apply to the product directly obtained by this method.  
 In this respect, the new product shall be considered as manufactured by the 
protected method, unless proved otherwise.  
 5.  The right to obtain the protection document, the rights ensuing from the 
registration of an application, the right to hold the protection document, and the rights 
ensuing from the protection document may assigned full y or partially to other person.  
 6.  The legal protection in accordance with the present Law shall not be granted 
to items of industrial property recognised by the state as secret.  The procedure for 
handling the secret items of industrial property shall be determined by the authorized 
body . 
 
CHAPTER 2.  TERMS OF PATENTABILITY OF INDUSTRIAL 
PROPERTY OBJECT S 
 
Article 6.  Terms of Patentability of Invention  
  
 1.  The legal protection shall be granted to an invention provided it is new, has 
the inventive lev el and is applicable in industry.  
 The invention shall be new when it is unknown from information on the state of 
the art . 
 The invention shall have the inventive level when it is not evident to the expert 
from information on the state of the art . 
 Informa tion on the state of the art  shall include any data which become generally 
available in the world prior to the date of the invention priority.  
 When establishing the novelty of invention, there shall also be included to the 
information on state of the art  the applications on inventions and utility models (except 
for revoked) submitted in the Republic of Kazakhstan subject to their prior priority and 
the inventions and utility models patented in the Republic of Kazakhstan.  
 The invention shall be industriall y applicable when it may be used in industry, 
agriculture, public health and other sectors of industry.   5  2.  Technical solutions in any field related to the product (device, matter, strain 
of microorganism, cell culture of plants or animals), method (proce dure of performance 
of actions with a material item by material means), as well as application of a known 
product or method for a new purpose or of a new product for certain purpose shall be 
protected as an invention.   
 3.  The following shall not be recog nised as inventions:  
 1)  discoveries, scientific theories and mathematical methods;  
 2)  methods of organisation and management of the economy;  
 3)  conventional designations, timetables, rules;  
 4)  rules and methods for execution of mental operations , conducting of games ;  
 5)  software and algorithms as such;  
 6)  designs and schemes of planning of structures, buildings, territories;  
 7)  proposals related only to outward appearance of items;  
 8)  proposals that are contrary to the public interest, hum anitarian principles and 
morality . 
 4.  It shall not recognised as a circumstance which affect the patentability of the 
invention the public disclosure of information related to the invention, by the applicant 
(author) or any other person who directly or i ndirectly received from him this 
information, including the demonstration of the invention as an exhibit at the official or 
officially recognised international exhibition organised in the territory of the state which 
is a member of the Paris Convention, pr ovided the application for the invention is 
submitted not later than six months from the date of its disclosure or placement in the 
exhibition.  In this respect the liability to prove this fact shall be borne by the applicant.  
 
Article 7.  Terms of Patent ability of Utility Model  
 
 1.  Technical solutions in any field related to the product (device, substance, 
strain of microorganism, cell culture of plants or animals), process (process of affecting 
a material object using  material means), as well as  new use of a known product or 
process or use of new p roduct for a particular purpose  except for diagnostic, therapeutic 
and surgical ways of treatment  of humans or animals  shall be referred to the utility 
model.  
The utility model shall be granted the legal prot ection provided it is new and 
industrially applicable . 
 The utility model shall be the new model when the totality of its essential 
features is unknown from the information on the state of the art . 
Information on the state of the art  shall include the info rmation which became 
generally available prior to the date of priority of the utility model published in the 
world concerning the means of the same designation as claimed utility model, 
information on its application in the Republic of Kazakhstan, and also  the applications 
for utility models and inventions (except for revoked) submitted in the Republic of 
Kazakhstan subject to their prior priority, and utility models and inventions of the same 
designation patented in the Republic of Kazakhstan.  
 The utility  model shall be industrially applicable when it may be used in 
practice.  
 2.  It shall not recognised as a circumstance which affect the patentability of the 
utility model the public disclosure of information related to the utility model, by its  
applicant  (author) or any other person who directly or indirectly received from him this  6 information, including the demonstration of the utility model as an exhibit at the official 
or officially recognised international exhibition organised in the territory of the state 
which is a member of the Paris Convention, provided the application for the utility 
model is submitted not later than six months from the date of its disclosure or placement 
in the exhibition.  In this respect the liability to prove this fact shall b e borne by the 
applicant.  
 3.  Decisions related to items indicated in paragraph 3 of Article 6 of the present 
Law shall not be protected as utility models.  
 
Article 8.  Terms of Patentability of Industrial Design  
 
 1.  The artistic and design solution w hich determines the outward appearance of 
item shall be referred to industrial design.  The industrial design shall be granted the 
legal protection provided it is new  and original. The  industrial design shall be 
recognised as new design when the totality o f its essential features presented in pictures 
of the industrial design and given in the list of the essential features are not known from 
the information generally available in the world prior to the date of priority of the 
industrial design. When  establi shing novelty of the industrial design there shall also be 
considered, subject their prior priority, the applications for industrial designs (except for 
revoked) submitted in the Republic of Kazakhstan by other persons, and industrial 
designs patented in t he Republic of Kazakhstan.  An industrial design shall be 
recognised as original when its essential features define the creative nature of the item’s 
specifics.  
 2.  The following decisions shall not be recognised as industrial designs:  
 1)  those stipulate d exclusively by the technical function of items;  
 2)  objects of architecture (except for small architectural forms), industrial, 
hydrotechnical and other stationary structures;  
 3)  excluded  
 4)  objects of unstable form from liquid, gaseous, dry substa nces or similar 
substances;  
 5)  items which contradict the public interests, principles of humanity and moral.  
 3.  It shall not be recognised as a circumstance which affect the patentability of 
the industrial design the public disclosure of information related to the industrial design, 
by the applicant (author) or any other person who directly or indirectly received from 
him this information, including the demonstration of the industrial design as an exhibit 
at the official or officially recognised inter national exhibition organised in the territory 
of the state which is a member of the Paris Convention, provided the application for the 
industrial design is submitted not later than six months from the date of its disclosure or 
placement in the exhibition.   In this respect the liability to prove this fact shall be borne 
by the applicant.  
 
CHAPTER 3.  AUTHORS AND PATENTEES  
 
Article 9.  Author of Object of  Industrial Property  
 
 1.  A physical person by whose creative labour the object of industrial property 
is created shall be recognised as the author of industrial property.   7  2.  When several physical persons have participated in the creation of the object 
of the industrial property they shall be considered to be its authors (co -authors).  The 
procedure for the use of the rights which belong to the co -authors shall be determined 
by agreement between them.  
 A physical person shall not be recognised as an author who has not introduced 
personal creative contribution to the creation of the object of industrial pr operty, but has 
rendered to the author only technical, organisational or material assistance, or has only 
promoted the registration of the right to it and its use.   
 3.  The copyright shall be an inalienable personal right, and it shall be protected 
for an indefinite period of time.  
 4.  Excluded   
5. The authors of the most important and widely used inventions can be 
presented for the nomination "Honored Inventor of the Republic of Kazakhstan." The 
rules of acknowledgement as "Honored Inventor of the Repub lic of Kazakhstan" shall 
be defined by the  authorized body . 
 
Article 10.  A Patent  Holder  
 
 1.  The protection document  shall be issued to:  
 1) the author (authors) of the object of  industrial property;  
 2) employers in cases that are provided for by para graph 2 of this Article;  
 3) successor (successors), in particular to a person (persons) which received 
(received) the appropriate right according to the cession procedure;  
 4) jointly to persons stipulated by this paragraph provided there is consent 
betwe en them.  
 2.  Rights to protecti on documents in respect of  service objects of industrial 
property  shall be held by the employer, unless it is provided for otherwise in agreement  
between him and the employee.  
 3.  The right to receive a protecti on document  in respect of an invention , utility 
model or industrial design  that are made by the author and not related to  performance 
by him of official duties or specific task received by him from the employer, but with 
the use of information, and also material, te chnical and other funds of the employer, 
shall be held by the author, unless it is provided for otherwise by a n agreement  between 
the author and the employer.  
 In the event if service object of industrial property  is made jointly by creative 
labour of seve ral persons, among whom there is a person who is not an employee of the 
said employer, the right of such a person in relation to the said service invention  shall be 
determined by a n agreement  to be concluded by him with the said employer and other 
authors.  
 In the event that service objects of industrial property  are made by authors as a 
result of performance by several employers of joint work on the basis of a contract, the 
rights of those employers in relation to the service objects of industrial property  shall be 
determined by agreement  between them.  
 4.  When having made a  service object of industrial property  the author shall 
notify the employer in the written form concerning the making of it within a month 
from the day of exposure by him of the fact o f making of the service invention . 
 The notice shall  be signed by the author (authors) and must comprise:   8  1) indication to the surname, name, patronymic (if any) and held position of the 
author;  
 2) name of  service object of industrial property ; 
 3) cond itions and place of the making of it, expected field of application;  
 4) description made with the completeness that is sufficient to exposure the 
point, determination of a category and evaluation of the fitness of the invention in 
activity of the employer . 
 The employer shall be obliged to accept and register the notice submitted by the 
author concerning the creation  of the  service object of industrial property  on the day of  
its submission  and notify  the author (s) about it in the written form.  
 If the des cription and other data which are necessary to formulate an application 
are incomplete, then the employer shall have the right to require from the employee 
additional materials on the  service object of industrial property , who will submit 
additional mater ials within one month from the date of receipt by him of the request.  In 
this case the duration of the term specified in paragraph 7 of this Article shall suspend 
and renew upon the receipt of the requested  information.  
 5.  If the employee has not notif ied the employer that has the right to receive a 
protection document  concerning the making of the  service object of industrial property , 
then the term specified in paragraph 7 of this Article shall begin from the date when the 
employer becomes aware of th e making of it.  
 If the fact of creation  of the  service object of industrial property  is established 
by the employer, then he shall be obliged to notify the author of the  service object of 
industrial property about it  in the written form .  In this respec t if the right to receive a 
protecti on document in relation to the  service object of industrial property  is held by the 
employer, the employer shall be obliged to notify the author concerning the beginning 
of the formulation by him of the appropriate appl ication, and the author shall be obliged 
under the request of the employer to submit in the written form additional information 
that is necessary to formulate the application concerning the  service object of industrial 
property  and a list of all the autho rs. 
 6.  In case of  refusal  to receive a protecti on document in relation to the  service 
object of industrial property  after application for issue  was submitted  or to maint ain the 
protection document  in force, the employer shall be obliged timely  inform th e author 
about it  and free -of-charge  grant  the author the right to receive a protection document  or 
received protection document . 
 7.  If the employer, within four months from the date of notification by the 
author, has not submitted an application  for pro tection document on service object of 
industrial property , has not ceded the right to receive a protection document  to another 
person and has not informed the author concerning preservation of the appropriate item 
in secret, then the right to receive a protection document  shall be passed on to the 
author.  In this case the employer shall have a preferential right of use of the appropriate 
object  of industrial property for own production under agreement  with the patent holder.  
 8.  Neither of the parties to secure own rights in relation to the  service object of 
industrial property  shall  have the right to submit to the expert organisation an 
application for receipt of a  service object of industrial property  without  notification of 
the other party concerning it. 
 9.  Amount, conditions and the procedure for payment of remuneration to the 
author for the service object of industrial property  shall be determined by an agreement 
between him and the employer.  If it is impossible to measure contributions of the  9 author and employer in the making of the  service inventions, utility model or industrial 
design , amount, conditions and order of payment of remuneration to the author shall be 
determined by legislative acts of the Republic of Kazakhstan . 
 
CHAPTER 4.  EXCLUSI VE RIGHT TO USE INDUSTRIAL PROPERTY 
OBJECT S 
 
Article 11. Exclusive right and obligations of patentee  
 
      1. A patentee shall have the exclusive right to use at his own discretion the protected 
object of  industrial property.  
      Exclusive right to use protected items of industrial property shall be exercised by the 
patent holder during the validity period of the protection document, beginning on the 
date of the publication of information concerning the issue of a given protection 
document in the officia l bulletin.  
      2. The foll owing shall be recognized as  use of object of  industrial property: 
manufacturing, application, import, offer to sell, sale, and any other introduction into 
civil turnover or storage for this purpose of the product containing th e protected object 
of industrial property, as well as the application of the protected method.  
      The product shall be recognized as containing the protected invention or utility 
model, and the protected method shall be recognized as applicable when the  product 
contains, and the method uses any feature of the invention, utility model given in an 
independent paragraph of the claim or a feature equivalent to it known in the prior art on 
the date of the beginning of application.  
      Introduction into civi l turnover or storage for this purpose of the product 
manufactured directly by this method shall be recognized as the use of the protected 
method of manufacturing of the product.  
      The product shall be recognized as containing the protected industrial design when it 
contains all its essential features presented in the pictures of the item (model) and given 
in the list of essential features.  
      3. A patentee shall be obliged to use the object of  industrial property.  
      Relations associated with the  application of an object of  industrial property the 
protection document on which belongs to several persons shall be defined by the 
agreement between them.  In the absence of such agreement each of the patent holders 
may use the protected item at their ow n discretion, but they shall have no right to grant a 
license on it or assign the protection document to other person without the consent of 
other patentees.  
      A patentee may use warning marking indicating that the used object of  industrial 
property is  patented.  
      4.  When the patentee does not use the industrial property object  and refuses to 
conclude a licensing agreement on acceptable commercial terms  within 90 calendar 
days from the day of request,  any person shall have the right to apply to a c ourt with a 
claim on being granted a compulsory non -exclusive licence when the object of  
industrial property was not continuously used after the first publication of information 
on the issue of the protection document on the industrial property object  during any 
three  years preceding the date of submission of such claim.  If the patentee does not 
prove that the non -use is stipulated by good reasons, the court shall grant the indicated 
licence with determination of limits of use, deadlines, amount and proced ure for  10 payments. The amount of payments shall be established not lower than the market price 
of the licence as defined in accordance with the established practice.  
Compulsory license shall also be issued in the following cases:  
       1) need to ensure n ational security or protection of public health;  
       2) abuse by a patent holder of his exclusive rights , contribution or non -objection to 
abuse of such exclusive rights by  another person with his consent.  
Provision in accordance with present paragraph of compulsory license in respect 
of an invention in the field of semi -conductor technology shall only be granted for 
public non -commercial use or where a judicial body has determined that the existing 
practice is violation of anti -competitive legislation o f the Republic of Kazakhstan and 
that the grant of compulsory  license would remedy such practice.   
Any compulsory license shall be issued in the first instance for providing for 
demands of the domestic market of the Republic of Kazakhstan, except when the  
compulsory license concerns a patent claiming a pharmaceutical product or a process to 
obtain a pharmaceutical product, and the purpose of the license is to export the patented 
product or the product manufactured by the patented process to a territory wit h no or 
insufficient manufacturing capacity, in accordance with international agreements, 
ratified by the Republic of Kazakhstan.   
 The right to use the indicated industrial property object  may be assigned by the 
person to whom the compulsory licence was granted to other person only together with 
the relevant production in which this item is used.  
 The compulsory licence shall be subject to revocation by the court in the case of 
termination of the circumstances which were the reason for its issue.  
 5.  The  patentee who cannot use the object of  industrial property without 
infringing the right of the holder of another patent who has refused to conclude a 
licensing agreement on acceptable commercial terms shall have the right to apply to the 
court with applica tion claim on being granted a compulsory non -exclusive licence to use 
the object of  industrial property in the territory of the Republic of Kazakhstan.  
 If the patent holder who cannot use the object of  industrial property without 
infringing the rights of the holder of another patent proves that his industrial property 
object  represents an important technical advance and has a considerable economic 
significance in relation to the object of  industrial property of another patent, the court 
may decide to grant  him a compulsory license.  
When granting the indicated licence the court shall determine the limits of use of 
the object of  industrial property the patent on which belongs to other person, deadlines, 
amount and procedure for payments.  In this respect the  amount of payments shall be 
established not lower than the market price of the licence as defined in accordance with 
the established practice.  
 The right to use the object of  industrial property obtained on the basis of the 
present paragraph may be assig ned only with the assignment of the protection document 
on this object of  industrial property in connection therewith this right is granted.  
 In the case of granting in accordance with this paragraph of a compulsory license 
to the patent holder of protecti on document the right to use on which was granted on the 
basis of indicated license shall also have a right to receive a license to use the dependent 
invention in connection therewith compulsory license was granted.  
6.  The patentee may assign the protect ion document to natural or legal person.  
The agreement  on assignment shall be subject to obligatory registration by the 
authorised body.   11 Registration of  the agreement  on protection document assignment agreement  
shall be carried out by the results of exam ination materials, conducted by expert 
organization.  
An application form is submitted to the expert organization to register agreement  
of assignment.  
The application shall include:  
1) original agreement  of assignment in four copies, the subject of which is  
homogeneous items of industrial property, equipped with a title page. Each copy of the 
agreement  is stitched, sealed with a paper seal, which shall be recorded on the number 
of bound and numbered pages, shall bear the stamp and signature of authorized off icials 
of both parties or the applicant.  
Notarized copies of the agreement  may be submitted instead of original 
agreement  of assignment;  
2) Power of Attorney in the case of an application through the offices of patent 
agent or other representative;  
3) a d ocument confirming payment of state duty.  
National applicants, except for the above documents, shall provide the decision 
of governing bodies of the holder of protection document or the exclusive rights, the 
general meeting of shareholders or founders on t he issue of the agreement  conclusion 
and providing the authority to sign the agreement  by the head of the enterprise.  
The application and other required documents shall be submitted in Kazakh and 
Russian. Foreign names and names of legal persons shall be i ndicated in the Kazakh and 
Russian transliteration. If the documents are submitted in another language, the 
application shall include notarized translation into Kazakh and Russian.   
The application must relate to one agreement  of assignment.  
Natural person s living outside the Republic of Kazakhstan, or foreign legal 
persons submitting materials of the agreement  to the authorized body on their own 
behalf, exercise the rights relating to the registration of the agreement  through a 
registered patent agent of t he Republic of Kazakhstan.  
Citizens of the Republic of Kazakhstan, temporarily residing abroad, exercise 
the rights relating to the registration of the contract, without a patent agent but with 
indication of address for correspondence within the territory of the Republic of 
Kazakhstan.  
7. After submission of documents for registration expert organization within 
fifteen working days from the date of receipt of an application conducts a preliminary 
examination to check the presence of the required documents a nd their compliance with 
the requirements. In case of absence of the document proving payment of the 
examination, the applicant shall be billed for payment. In this case, deadlines shall be 
calculated from the date of receipt of payment by the expert organ ization.  
Based on the materials of agreement  of assignment accepted for consideration 
substantive examination shall be carried out within twenty days, during which materials 
of the agreement  of assignment shall be studied in accordance with the present 
legislation of the Republic of Kazakhstan.  
8. Removable reasons that prevent registration of the agreement  of assignment:  
1) no payment for the keeping in force of the protection document;  
2) provisions in the agreement  of assignment which are contrary to th e civil 
legislation of the Republic of Kazakhstan and international treaties ratified by the 
Republic of Kazakhstan.   12 9. In case of violation of the requirements for registration of documents or 
reasons specified in paragraph 8 of this article, preventing r egistration of the agreement  
of assignment, expert organization shall send a request to the applicant with a proposal 
within three months from the date of its sending to submit the missing or corrected 
documents or make necessary amendment. In this case de adlines specified in paragraph 
7 of this article for the substantive examination shall be calculated from the date of 
submission of the missing or corrected documents.  
10. Expert organization shall issue a decision to refuse to register the agreement  
of assignment in the presence of the following grounds:  
1) termination of the protection document validity in respect of which the 
agreement  is concluded;  
2) failure to respond to the request of the expert organization timely within three 
months;  
3) the lack o f all the necessary information and documents.  
Within two working days after the conclusion of the expert organization shall 
send the decision to the authorized body indicating the reasons for refusal.  
11. In case of a positive result of the examination th e expert organization within 
five working days shall send to the authorized body decision indicating that there is no 
reason preventing the registration of the agreement  of assignment . 
The decision on registration or refusal of registration of the agreemen t of 
assignment  shall be made by the authorized body within five working days from receipt 
of the expert organization opinion.  
12. After the decision on registration of the agreement  authorized body shall:  
object of 1) stamp the front page of the agreement  certifying its registration with 
indication of the date of registration and its registration number;  
 2) include information about the agreement  in the register of contracts;  
agreement 3) send three copies of registered agreement  together with conclusion 
to the expert organization to publish information on the registration of the contract.  
Expert organization on reg istered contracts shall issue an attachment to 
protection document  on object of  industrial property in respect of which the agreement  
is conclud ed, send two copies of the registered agreement  and attachment to protection 
document to  address given in the application , publish  information on registered 
contracts in the bulletin , including number and date of registration of the contract, the 
name or f ull details of the contracting parties, the subject of the contract, validity of the 
agreement  and the territory of the contract.  
Two copies of the agreement  shall be kept in the authorized body and expert 
organization as control copies.  
Any person may ob tain an extract from the register of registered contracts of 
assignment relating to information on registered contracts of assignment that are open 
for publication.  
Familiarization of third parties with the text of the agreement  and obtaining an 
extract fr om it shall be allowed only with the written consent of the contracting parties.  
In case if an authorized body makes the decision to refuse a registration of the 
agreement  of assignment on the basis of the conclusion of the expert organization all the 
docu ments shall be returned to the address specified in the application.  
13. The agreement  of assignment of protection document agreement  shall take 
effect from the date of its registration in the authorized body.   13 14. Protection document for object of  industri al property and (or) the right to 
receive it shall pass by inheritance or succession.  
15. The patentee shall pay annually for keeping protection document in force  at 
the date corresponding to the date of submission of application.  . First payment for  
maint enance of protection  document in force shall be  made within two months from the 
date of publication of information on the issue of protection document and include  
payment for previous years starting from the date of submission of application.  
16. Fees for maintenance of Eurasian patent in force  at the territory of the 
Republic of Kazakhstan shall be established by the authorized body.  
 
Article 12.  Acts which are not Recognised as Violation of Exclusive Right of 
Patentee  
 
 The following shall not be recogn ised as violation of the exclusive right of the 
patentee:  
 1)  use of means which contain the protected items of industrial property in the 
construction or in the operation of transport vehicles (marine, river, airborne, ground or 
cosmic) of other countrie s, provided that the indicated means are temporarily or 
accidentally located in the territory of the Republic of Kazakhstan and are used for the 
needs of transport vehicle.  Such actions shall not be recognised as violation of the 
exclusive right of the pa tentee when transport vehicles belong to physical persons or 
legal entities of the countries which grant the same rights to owners of the transport 
vehicles of the Republic of Kazakhstan;  
 2)  carrying out scientific research or experiment on means which c ontain the 
protected object of industrial property when such research or experiment does not have 
a commercial purpose ; 
 3)  application of such means in emergency circumstances (natural disasters, 
catastrophes, major accidents) with immediate notification  of the patentee and 
subsequent payment of commensurate compensation to the patentee.  
 4) application of such means for personal, domestic or other non -business 
purposes, without receiving the profit ; 
 5)  in emergency situations, one -time manufacturing of  medicine in the 
pharmacy pursuant to the doctor’s prescription;  
 6)  importation into the territory of the Republic of Kazakhstan, use, offering for 
sale, sale, other introduction into civil turnover or storage for this purpose of the means 
containing th e protected items of industrial property, if they were previously put into 
civil turnover in the territory of the Republic of Kazakhstan by patentee or any other 
person with the permission of the patentee . 
 
Article 13.  The Right to Prior Use and Temporary  Legal Protection  
  
 1.  A person who prior to the industrial property object  priority date used in the 
territory of the Republic of Kazakhstan in good faith a solution identical to the industrial 
property object  independently of its author, or who made pr eparations required therefor, 
shall retain the right to its charge -free use without expanding the scope of such use 
(prior use right).    14 The right to prior use may be assigned to another person only together with the 
production on which the use of similar d ecision took place or preparations necessary for 
it have been made.  
 2.  A person who began to use the object of  industrial property after the date of 
priority but before the date of publication of information on the issue of patent for an 
invention, indus trial design  or utility model shall be obliged, pursuant to the demand of 
the patentee, to terminate its further use.  However, such a person shall not be obliged to 
reimburse to the patentee the losses incurred by him as a result of such use.  
 3.  An object of industrial property which is placed as an exhibit at the official or 
officially recognised international exhibition shall be granted temporary legal protection 
from the date of its placement on the exhibition until the date of first publication of 
information on the issue of the protection document, provided that an application on this 
item was submitted not later than six months from the date of its placement on the 
exhibition.  
 4.  A person, who uses the object of  industrial property during the peri od 
indicated in paragraph 3 of the present Article, shall pay the monetary compensation to 
the patentee after the issue of the protection document.  The amount of compensation 
shall be defined by the agreement of the parties.  
The parties may end th e case b y amicable agreement or  agreement on settlement 
of dispute (conflict) through  mediation procedure, which shall be signed by parties and 
approved by  court.  
 
Article 14.  Granting Right to Use Object of  Industrial Property  
  
 1.  Any person, who is not the p atentee, shall have the right to use the protected 
object of  industrial property only with the permission of the patentee on the basis of the 
licence agreement.   
 2.  A licensing agreement may stipulate the submission to the licensee of the 
right:  
 1) to use the object of  industrial property with retention by the licensor of the 
possibility to use it and the right to issue the licence to other persons (general, 
nonexclusive licence);   
 2)  to use the object of  industrial property with retention by the lic ensor of the 
possibility to use it, but without the right to issue a licence to other persons (exclusive 
licence);  
 3)  to use the object of  industrial property without retention by the licensor of the 
possibility to use it and without the right to issue t he licence to other persons (exclusive 
licence).  
 When the licence agreement does not stipulate the type of licence it shall be 
assumed to be general nonexclusive licence.  
 3.  An agreement on granting by the licensee to other person (sublicensee) of 
licen ce for the right to use an object of  industrial property (sublicensing agreement) may 
be concluded only in the cases stipulated by the licensing agreement.  
 The responsibility before the licensor for actions of a sublicensee shall be borne 
by the licenses,  unless otherwise stipulated by the licensing agreement.  
 4.  The licensing agreement and sublicensing agreement for the use of invention, 
utility model, industrial design  as well as supplementary agreement to it  shall be 
concluded in writing and be subjec t to the registration by the authorised body . The non - 15 observance of written form or the requirement on registration shall entail the invalidity 
of the agreement.  
Registration of licensing agreement shall be  based on materials of examination 
held by expert organization.  
The provisions on registration of licensing agreement shall be  applied to the 
order of registration of sublicensing agreement   as well as supplementary agreement to 
it unless otherwise provided by legislation of the Republic of Kazakhstan.  
4-1. In order to register a licensing agreement application filled according to the 
prescribed form shall be sent to the expert organization.  
The application shall include:  
1) original agreement  in four copies, equipped with a title page. Each copy of the 
agreement  is stitched, sealed with a paper seal, which shall be recorded on the number 
of bound and numbered pages, shall bear the stamp and signature of authorized officials 
of both parties or the applicant.  
Submission of materials for registration must be  carried out no later than six 
months from the date of signing the contract.  
Notarized copies of the agreement  may be submitted instead of original contract;  
2) Power of Attorney in the case of an application through the offices of patent 
agent or other re presentative;  
3) document confirming payment of state duty.  
National applicants, except for the above documents, provide the decision of 
governing bodies of the licenser (sub -licenser) on the issue of the agreement  conclusion 
and providing the authority to  sign the agreement  by manager of the enterprise in case 
of an application on behalf of the entity.  
The application and other required documents shall be submitted in Kazakh and 
Russian. Foreign names and names of legal persons shall be indicated in the Ka zakh and 
Russian transl iteration. If the documents are submitted in another language, the 
application shall include notarized translation into Kazakh and Russian.   
The application must relate to one licensing agreement . 
Natural persons living outside the R epublic of Kazakhstan, or foreign legal 
persons submitting materials of the agreement  to the authorized body on their own 
behalf, exercise the rights relating to the registration of the agreement  through a 
registered patent agent of the Republic of Kazakhs tan. 
Citizens of the Republic of Kazakhstan, temporarily residing abroad, exercise 
the rights relating to the registration of the contract, without a patent agent but with 
indication of address for correspondence within the territory of the Republic of 
Kazakhstan.  
4-2. The provisions set forth in paragraphs 7 -12 of Article 11 of this Law shall 
be applied in signing of licensing agreement.  
The licensing agreement (sub -licensing agreement) shall enter into force on the 
date of its registration by the authoriz ed body.  
 5.  The patentee may submit to the authorised body  the application on granting 
to any person the right to obtain the licence for the use of items of industrial property 
(open licence).  
 The person, who expressed the wish to obtain the indicated l icence, shall be 
obliged to conclude the agreement  for payment with the patentee with its obligatory 
registration by the authorised body .  Disputes with respect to the contractual terms shall 
be considered by the court.   16  An application of the patentee on g ranting the right to open licence shall  not be 
possible to recall and  retain its force during three years from the date of publication of 
information on the open licence in the bulletin.  Within the indicated deadline the 
payment for the maintenance of the  protection document in effect shall be reduced by 
50 per cent from the year following the year of publication of information on the open 
licence.  
 In the case of concluding a licence agreement, the payment for the maintenance 
of the protection document in  force shall be in full amount from a year following the 
year in which that agreement was concluded.   
6.  In emergency situations in the country the Government of the Republic of 
Kazakhstan shall have the right to allow to use the object of  industrial prop erty without 
the consent of the patentee, but with immediate notification of him and payment of 
commensurate compensation.  The disputes on the amount of compensation shall be 
resolved by the court.  
 
Article 15.  Violation of Exclusive Right of Patentee  
  
 1.  Any person, who uses the protected object of  industrial property in 
contradiction with the present Law, shall be considered as a violator of the exclusive 
right of the patentee (violator of the protection document).  
 The following shall be recognised  as violation of the exclusive right of the 
patentee (violation of the protection document): unauthorised manufacturing, 
application, import, storage, proposal to sell, selling and any other introduction into civil 
turnover of the product created with the use of the protected object of  industrial 
property, as well as the use of the protected method or introduction into civil turnover of 
the product manufactured directly by the protected method.  In this respect the new 
product shall be considered as obtaine d by the protected method in the absence of 
proofs of otherwise.  
 2.  A patentee shall have the right to demand:  
 1)  termination of the violation of the protection document;  
 2)  reimbursement by the violator of inflicted losses and compensation of moral  
injure from the date of the first publication of information on the issue of the protection 
document ;  
3)  recovery of income received by the violator of the protection document 
instead of reimbursement of losses from the date of the first publication of information 
on the issue of the protection document ; 
 4)  payment by the violator of the protection document of compensation in the 
amount from ten to fifty thousand monthly calculation indices as established by 
legislation.  The amount of compensation sha ll be determined by the court instead of 
reimbursement of losses, or recovery of income.  
 5)  seizure for own benefit of products introduced into civil turnover or stored 
for that purpose and recognised as violating the protection document, as well as mea ns 
specifically intended for the violation of the protection document from the date of the 
first publication of information on the issue of the protection document ; 
 6)  obligatory publication concerning the violation committed with inclusion into 
it of th e information on the person to whom the violated right belongs.  
 3.  Demands to the violator of the protection document may also be declared by 
the licensee if it is stipulated by the licensing agreement.   17  
CHAPTER 5.  PROCEDURE FOR OBTAINING PROTECTION 
DOC UMENTS  
 
Article 16.  Submission of Application for Issue of Protection Document  
  
 1.  An application for the issue of the protection document shall be submitted to 
the an organisation of experts  by the person who has the right to the protection 
document i n accordance with paragraph 1 of Article 10 of the present Law (henceforth – 
the applicant).  
An application may be filed in the form of an electronic document, certified by 
digital signature.  
 2.  An application for the issue of the protection document sha ll be submitted in 
Kazakh  or Russian languages.  Other documents of the application shall be submitted in 
Kazakh,  Russian or other languages.  When other documents of the application are 
submitted in other language, the application shall be attached by the ir translation to the 
State or Russian languages.  The translation must be submitted within two months after 
the receipt by the an organisation of experts  of the application which contains 
documents in another language.  Under the condition of the relevant  payment this 
deadline may be extended, but not more than by two months.   
 In the case of a failure to submit the translation within the established deadline 
the application shall be recognised as unsubmitted.  
 3.  The authorised body and expert organisat ion must not allow access to the 
application to third persons before the publication of information on  issue of the 
protection documents , except for cases where there is a request or permit of the 
applicant or a claim of the criminal prosecution bodies or court.   
 
Article 17.  Application for Issue of Protection Document on Invention  
  
 1.  An application for the issue of the protection document on invention 
(henceforth – the application for invention) must relate to one invention or a group of 
inventions i nterrelated to such an extent that they form the single inventive conception 
(requirement of the unity of the invention).  
 2.  An application for invention shall contain the following documents : 
 1)  application for the issue of the protection document wit h the indication of the 
authors of the invention in the name of whom the protection document is sought, as well 
as their place of residence or location;  
 2)  description of the invention which discloses it with the fullness sufficient for 
carrying out by a n expert in the relevant area of knowledge;  
  3) a formula of invention which determines the invention item and expresses its 
substance.  The formula must be clear, exact and be based on the description;   
 4)  drawings and any other materials if they are n eeded for the understanding of 
the essence of the invention;  
 5)  abstract;  
 6)  power of attorney in the case of keeping the clerical work through the 
representative;  
 The application for invention shall be attached by a document which confirms 
the payme nt for submission , in particular for conducting of a formal expert examination,   18 of application in the established amount and document confirming the basis for the 
reduction of its amount which may be submitted together with the application or during 
two mo nths from the date of the application receipt.   
Under condition of the relevant payment this deadline may be extended, but not 
more than for two months.   
 When documents on payment are not submitted within the established deadline 
the application shall b e considered as unsubmitted.  
 3.  The date of presentation of the application for the invention shall be fixed 
according to the date of arrival to the expert organisation of the documents of the 
application as indicated in subparagraphs 1), 2) and 4) of th e first part of paragraph 2 of 
this Article, and if said documents are presented not at the same time, then it shall be 
fixed according to the date of arrival of the last one out of the presented documents.   
  4. Procedure for compilation, formulation and consideration of the application 
for the invention, the entry of data into the state register of inventions of the Republic of 
Kazakhstan, as well as the issuance of protection document shall  be established by the 
authorized body.  
 
Article 18.  Application  for Issue of the Patent  on a Utility Model  
  
 1.  An application for the issue of the patent  on utility model (henceforth – the 
application for utility model) must relate to one utility model or a group of utility 
models interrelated to such an extent tha t they form the single inventive conception 
(requirement of the unity of the utility model).  
 2.  An application for utility model shall contain the following:  
 1)  application for the issue of the patent  with the indication of the authors of the 
utility m odel in the name of whom the patent  is claimed, as well as their place of 
residence or location;  
 2)  description of the utility model which discloses it with the fullness sufficient 
for its implementation;  
 3)  claim of the utility model which expresses i ts essence and is fully based on 
the description;  
 4)  drawings;  
 5)  abstract;  
 6)  power of attorney in the case of keeping the clerical work through the 
representative;  
 The application for the utility model shall be attached by a document which 
confir ms the payment in the established amount for submission of application, and 
document confirming the basis for the reduction of its amount which may be submitted 
together with the application, or during two months from the date of the application 
receipt.  Under condition of the relevant payment this deadline may be extended, but not 
more than for two months.   
 When documents on payment are not submitted within the established deadline 
the application shall be considered as unsubmitted.  
 3.  The date of sub mission of the application for the utility model shall be 
established by the date of the receipt by the an organisation of experts  of the request 
containing the application for the issue of the patent  for the utility model with the 
indication of the surnam e, name, patronymic  name (if any) or full name of the applicant,  19 description and drawings, and when the indicated documents are not submitted at the 
same time – by the date of receipt of the last of the submitted documents.   
 4. Procedure for compilation,  formulation and consideration of the utility model, 
entering data into the state register of invention of the Republic of Kazakhstan, as well 
as the issuance of protection document shall be established by the authorized body.  
 
Article 19.  Application for  Issue of patent  on Industrial Design  
  
1.  An application for the issue of the  patent  on industrial design (henceforth – 
the application for the industrial design) must relate to one industrial design or a group 
of industrial designs interrelated to such an extent that they comply with the requirement 
of the unity of the industrial design.  
 2.  An application for an invention shall contain the following:  
 1)  application for the issue of the patent  with the indication of the authors of the 
industrial desig n in the name of whom the patent  is claimed, as well as their place of 
residence or location;  
 2)  a set of pictures of the item (items) suitable for reproduction or model which 
gives the full detailed presentation of the claimed design (designs);  
  3) exc luded  
 4)  description of the industrial design including the list of its essential features;  
 5)  power of attorney in the case of keeping the clerical work through the 
representative;  
 The application for the industrial design shall be attached by a docu ment which 
confirms the payment in the established amount for submission of application, and 
document confirming the basis for the reduction of its amount which may be submitted 
together with the application or during two months from the date of the applic ation 
receipt.  Under condition of the relevant payment this deadline may be extended, but not 
more than for two months.   
 When documents on payment are not submitted within the established deadline 
the application shall be considered as unsubmitted.  
 3.  The date of submission of the application for the industrial design shall be 
established by the date of the receipt by the an organisation of experts  of the request 
containing the application for the issue of the protection document for the industrial 
design with the indication of the surname, name, patronymic name (if any), or full name 
of the applicant, description, picture of the item (model), and when the indicated 
documents are not submitted at the same time – by the date of receipt of the last of the  
submitted documents.   
 4. Procedure for compilation, formulation and consideration of applications for 
industrial design, entering data into the state register of industrial designs of the 
Republic of Kazakhstan, as well as the issuance of protection doc ument shall be 
established by the authorized body.  
 
Article 20.  Priority of Object of  Industrial Property  
  
 1.  The priority of an object of  industrial property shall be established by the date 
of submission of the application for the relevant object of  industrial property as 
established in accordance with paragraph 3 of Article 17, paragraph 3 of Article 18, and 
paragraph 3 of Article 19 of the present Law.   20  2.  The priority may be established by the date of the first application in the 
member - state of  the Paris Convention, as well as in international or regional 
organisations stipulated by it (convention priority) when the application for an 
invention, utility model is submitted to the an organisation of experts  within twelve 
months, and the applicatio n for the industrial design – within six months from the 
indicated date.  When due to circumstances which are outside of the control of the 
applicant the application with claiming the convention priority could not be submitted 
within the indicated period, the deadline may be extended, but not more than for two 
months.   
 An applicant, who wish to use the right of convention priority, shall be obliged 
to indicate it when submitting the application or within two months from the date of the 
application receipt  by the an organisation of experts  and attach a notarised   copy of the 
first application, or submit it not later than six months from the date of the application 
receipt by the Kazpatent.  In the case of a failure to submit the indicated document the 
appli cant shall lose the right to convention priority.  In this case the priority shall be 
established by the date of submission of the application to the an organisation of 
experts . 
 3.  The priority may be established by the date of receipt of additional mate rials 
when they are formulated by the applicant as an independent application submitted prior 
to the expiration of the three months deadline from the date of forwarding to the 
applicant of the notification of the an organisation of experts  on the impossibi lity to take 
into consideration the additional materials in connection with their recognition as 
changing the essence of the declared decision , and at the date of it submission the 
application which presents said additional materials has not been revoked a nd is not 
recognised as revoked .  
4.  The priority may be established by the date of submission to the an 
organisation of experts  of senior application of the same applicant which discloses the 
object of  industrial property not revoked and not recognised a s revoked at the time of 
submission of the application,  when the application under which such a priority is 
claimed was submitted not later than twelve months from the date of the senior 
application for the invention and six months – from the date of the s enior application for 
the utility model, industrial design.  In this respect the senior application shall be 
considered as revoked.  
 The priority may not be established by the date of submission of the application 
under which the senior priority was claime d. 
  5.  Priority of an industrial property object  based upon an isolated application 
shall be established on the basis of the date of submission to the organisation of experts 
of the original application of the same applicant, disclosing its essence, and in the event 
that rights exists to establish an earlier priority on the basis of the original application, 
— on the basis of the date of its priority, provided the isolated application was 
submitted prior to the adoption of a negative resolution of the exp ert organisation on the 
original application, the possibility of challenging which have been exhausted, and in 
the event that a positive resolution of the expert organisation was issued on said 
application, — until the date of registration in the relevant state register of the Republic 
of Kazakhstan .   
6.  The priority may be established on the basis of several prior submitted 
applications or additional materials thereto with the compliance of them with terms 
indicated in paragraphs 2 – 5 of the present Art icle, respectively.   21  7.  When it is established that similar items of industrial property have the one 
and the same date of priority the priority shall be established in favour of the application  
with respect thereto prior date of sending to the organisati on of experts  is proved, and in 
the coincidence of those dates – for the application which has the earlier registration 
number of the organisation of experts .  
 
Article 21.  Amendments to Documents of Application on the Initiative of 
Applicant  
  
 1.  The a pplicant shall have the right to introduce to the documents of the 
application amendments and determinations without change of the substance of the 
stated item before the appropriate decision is passed on the said application.   
 Where those amendments are introduced within two months from the date of 
arrival of the application, the payment shall not be collected.   
 2.  Alterations concerning  name of the applicant as well as correction of 
technical mistakes in application documents may be made prior to the date of the 
registration of industrial property object s in the appropriate State Register provided that 
the appropriate payment has been made .   
 
Article 22.  Expert Evaluation of the Application for Issuing a Patent for  an 
Invention  
  
 1.  In relation to the application received by the expert organisation there shall be 
checked the availability of the documents of the application as stipulated by 
subparagraphs 1), 2) and 4) of the first part of paragraph 2 of Article 17 of this Law and 
the compliance with requirements made to them, the date of presentation of the 
application shall be fixed.  Where the application does not meet the requirements of 
subparagraphs 1), 2) and 4) of the first part of paragraph 2 of Article 17 of this Law and 
the requirements to s aid documents, the expert organisation shall inform the applicant of 
that and propose to submit missing and (or) corrected documents (data) within three 
months from the date of delivery of such a notice.  If the applicant has presented no 
requested and (or ) corrected documents (data) by the fixed time, the application shall be 
considered as invalid, about what the applicant shall be delivered an appropriate notice.   
 1-1.  After the fixation of the date of presentation of the application for issue of a 
patent for the invention, the expert organisation shall conduct a formal expert 
examination of it.   
 During conducting of the formal expert examination there shall be checked the 
availability of the documents stipulated by paragraph 2 of Article 17 of this Law  and the 
compliance with requirements made to them.   
 2.  When for the application in accordance with Article 21 of the present Law 
the applicant submits additional materials, it shall be reviewed in the course of the 
expert evaluation whether they change the essence of the claimed invention.  
 Additional materials shall change the essence of the invention when they contain 
features subject to inclusion to the claim of the invention and which were absent in the 
original materials of the application.  Additio nal materials in part changing the essence 
of the claimed invention shall not be taken account of in consideration of the 
application, and may be formulated by the applicant as an independent application on 
which the applicant shall be informed.   22  3.  With respect to the application submitted in violation of requirements to 
documents attached thereto , the applicant shall be sent a request with the proposal 
within three months deadline from the date of its submission to submit the rectified or 
missing documen ts. 
 In the event that the applicant shall not submit within the indicated deadline the 
requested documents or petition on the extension of the established deadline the 
application shall be considered revoked.  
 4.  With respect to the application submitted  with the violation of the 
requirement of the unity of the invention the applicant shall be requested within three 
months deadline from  the date of forwarding to him of the relevant notification to 
communicate which invention must be considered, and, if ne eded, to introduce 
specifications to the documents of the application.  Other inventions entered into 
materials of the original application may be formulated by separate applications.  The 
priority of the isolated applications shall be established in accor dance with paragraph 5 
of Article 20 of the present Law.   
 In the event that the applicant within three months deadline from the date of 
sending to him the notification of the violation of the unity requirement does not 
communicate which of the inventions  must be considered and does not submit specified 
documents the review shall be carried out of the item indicated first in the claim, as well 
as other inventions connected with the first to such extent that they satisfy the 
requirement of the unity of inve ntion.  
 5.  After the completion of the formal expert examination the applicant shall be  
informed of its result.   
 7.  After the completion of the formal expert examination with a positive result 
the expert organisation shall conduct an expert examinatio n of the application as to 
substance.   
 The expert examination of the application as to substance shall comprise 
establishment of the possibility to attribute the stated proposals to items protected as an 
invention, to conduct an information search in rela tion to the stated invention to 
determine the technology level, examination of the conformity of the stated item (items) 
with the requirement of the uniformity of invention and the patentability terms 
established by Article 6 of this Law, and it shall be c onducted provided that the payment 
is made for the expert examination of the application as to substance.   
 Expert examination of the application as to substance shall be made provided 
that the expert organisation is presented a document confirming the pay ment of the 
expert examination of the application as to substance within three months from the date 
of delivery of the notice concerning the result of the formal expert examination.   
 Where the expert examination as to substance is unpaid, the application shall be 
considered as recalled.   
 8.  During the period of the conduct of the expert evaluation as to the essence the 
organisation of experts  shall have the right to request additional materials without which 
the conduct of the expert evaluation is imposs ible, including amended claims.  
  Additional materials pursuant to the request of the expert organisation must be 
submitted without alteration of the essence of the invention within three months from 
the date of submission of the request or copy materials objecting to the application, 
provided said copies were requested by the applicant within two months from the date 
of submission to him of the request of the organisation of experts.    23  The procedure as established in paragraph 2 of the present Article shal l apply to 
additional materials in part amending the essence of the invention.  In the case that the 
applicant fails to submit the requested materials within the established deadline or the 
petition on the extension of the established deadline the applicat ion shall be considered 
revoked.  
  9.  Where as a result of an expert examination of an application with regard to 
its essence, the organisati on of experts establishes that the presented proposal in the 
legal protection volume sought by the applicant, conf orms to the condition of 
patentability of an invention as defined in Article 6 of this Law, the positive resolution 
shall be issued by the organisation of experts on the patent with the formula of invention 
to be coordinated with the applicant and with the  mention of the priority established.   
On the basis of the conclusion of the expert organisation the authorised body 
shall pass a decision concerning issue of the patent for the invention.  
Based on decision of the authorize d body to grant a patent for  invention  expert 
organization within ten working days shall send the applicant conclusion of the expert 
organization and notification of the need to pay f ees for  issuance of the protection  
document.  
Within three months from the date of notification of the app licant on decision  of 
the authorized body  to grant  a patent  the applicant shall submit to expert organization 
the document confirming payment for preparation of a patent,  publication and payment 
of the state fee. In case of f ailure to provide these documen ts payment period can be 
restored  within three months subject to submission of document confirming  payment for 
restor ation of  the missed deadline. Otherwise, application shall be deemed withdrawn 
and application  procedure  terminated, and the applicant shal l be notified within one 
month from the date of expiry of the period of recovery.   
 10.  In the event of establishing the incompliance of the claimed invention in the 
scope of legal protection claimed by the applicant with terms of patentability of the 
invention a negative resolution shall be issued by the organisation of experts.   
 The negative conclusion of the expert organisation shall be issued in the cases as 
follows:   
 1) if the application is related to items which are not protected as inventions;   
 2) if the applicant has not modified the formula of invention after the notification 
that the proposed formula contains features, which are absent in the primary materials of 
the application or, besides the item protected as an invention, it also character ises a 
proposal, which is not included among items protected as an invention or in relation to 
which consideration was not conducted in connection with violation of the requirement 
of the uniformity of invention.   
 The applicant may submit the objection to  the authorised body  concerning a  
negative resolution of the organisation of experts  within a three months period from the 
date of its sending.  The objection must be considered by the Appellate Council within 
four months deadline from the moment of its re ceipt.  
  11.  At any stage of consideration of the application before the issue of the 
appropriate conclusion by the expert organisation the applicant may present a petition 
for issue of patent  for utility model .  In this case the expert examination shall be 
conducted in accordance with Article 2 3 of this Law.   
 12.  The applicant may acquaint himself with all materials opposed by the expert 
evaluation.  The the organisation of experts  shall within one month deadline from the  24 date of receipt of the request forward to the applicant copies of materials requested by 
him.  
 13.  Deadlines stipulated by paragraphs 3, 4, 7, 8, 10  of the present Article and 
missed by the applicant may be restored by the the organisation of experts  in the case of 
submission of a doc ument on the payment for the restoration of the missed deadline.  
 Petition for the restoration of the deadline may be submitted by the applicant not 
later than twelve months from the day of expiration of the missed deadline.  Such a 
petition shall be subm itted to the the organisation of experts  simultaneously with 
materials  and payment documents  requested by the expert evaluation commission or 
with objections to the Appellate Council.  
Terms for  response to the request or to provide additional materials und er 
paragraphs 3 and 8 of this Article may be extended at the applicant's request , filed 
before expiration of specified  period,  for up to six months from the date of expiry of 
specified  period , and subject to payment , and terms  for objections, pr ovided in 
paragraph 10 of this A rticle, - for up to three  months from the date of expiry of specified  
period . 
13-1. At the request of  applicant examination of an application for a patent for 
invention shall be  carried out in an accelerated form, if the claimed invent ion relates to 
the objects that have  favourable patenting conditions.  
Accelerated examination involves performing  of an examination  within six 
months  period  subject to fulfilment by an applicant of requirement  set out in paragraphs 
1, 1-1, 2, 3, 4, 5, 7 an d 8 of this Article:  
      1) formal examination;  
      2) information search ; 
      3) substantive examination . 
      The list of objects that have  favourable patenting conditions shall be defined 
by the authorized body.  
 14.  If, when considering an appl ication, it is established that it contains 
information constituting state secrets, the application shall be classified in accordance 
with the procedure established by the Republic of Kazakhstan legislation concerning 
state secrets.   
 
Article 22 -1.  Expert  Examination of an Application for Issue of an 
Innovation Patent for the Invention  
 
Excluded  
 
Article 23.  Expert Evaluation of the Application for Issuing a Patent for  a 
Utility Model  
  
 1.  In relation to the application arrived to the expert organisatio n there shall be 
checked the availability of the documents of the application as stipulated in 
subparagraphs 1) , 2) and — 4) of the first part of paragraph 2 of Article 18 of this Law, 
the date of presentation of the appli cation shall be fixed.  Where the application does not 
meet the requirements of subparagraphs 1) , 2), 3) and  — 4) of the first part of paragraph 
2 of Article 18 of this Law, the expert organisation shall inform the applic ant of that, 
and it shall propose to present missing documents (data) within three months from the 
date of delivery of such a notice.  Where the applicant has presented no requested  25 documents (data) by the fixed time, the application shall be considered as  invalid, about 
what the applicant shall be delivered the appropriate notice.   
 During conducting of the expert examination there shall be checked the 
availability of the necessary documents as stipulated by paragraph 2 of Article 18 of this 
Law, and the c ompliance with requirements made to them, the priority date of the utility 
model  and the possibility to attribute the stated proposal to items protected as utility  
models shall be determined, the uniformity of the utility  model shall be examined.   
 Review of the conformity of the submitted utility  model with the patentability 
requirements established by paragraph 1 of Article 7 of this Law shall not be carried 
out.  A patent shall be issued for the risk and responsibility of the applicant.   
2.  When conduct ing the expert evaluation of the application for the utility 
model provisions contained in paragraphs 2 , 3,  4 and 13 of Article 22 of the present 
Law shall be applied, respectively.  
If as a result of the expert evaluation it is established that the appli cation refers 
to items protected as utility models, and documents comply with the established 
requirements a positive resolution for issuing a patent for the utility  model  shall be 
issued by  the expert organisation .  
 The resolution of the expert organiza tion shall be sent to the authorized body to 
pass a decision on the issuance of the patent within the period of ten  working  days, 
about which (in case if such decision was made), the applicant shall be notified.  
       Based on  the resolution of the expert  organisation the authorised body within 10 
working days shall make a decision concerning issue of a patent for the utility  model.  
Based on the  decision  of authorized body  concerning issue of a patent for the 
utility  model  expert organization within 10 wor king days shall send an applicant 
conclusion of expert organization and notification on payment of fee for issuance of 
protection document . 
      Within three months from the date of notification on decision made by the 
authorized body on the patent the ap plicant shall submit to the expert organization a 
document confirming the payment for issuance of a patent and publication, as well as 
the payment of state duty.  In case of a failure to submit the indicated documents the 
term of payment may be re stored  within three months  subject to provision of document 
confirming  payment for restor ation of  the missed deadline . Otherwise, the application 
shall be revoked, and the proceedings on the application shall  be terminated, whereof 
the applicant shall be notified  within one month from expiry of restoration period.  
 3.  If as a result of the expert evaluation it is established that the application 
refers to items not protected as utility models  a negative resolution on the patent shall be 
issued by  the expert organi sation.  A negative resolution of the organisation of experts 
shall be issued  in the case when the applicant does not change the claim of the utility 
model after notifying him  that the submitted claim contains features missing in the 
original materials of the application, or in addition to the item protected as utility model  
also characterises a proposal which is not related to items protected as the utility model, 
or with respect thereto the consideration was not conducted in connection with the 
violation  of the requirement of the unity of the utility model.  
 The applicant shall have the right to submit objections against a negative 
resolution of the organisation of experts to the authorised body within three months 
from the date of its submission . The obj ection shall be considered by the Appellate 
Council within two months deadline from the date of its receipt.    26 4.  The applicant at any stage of consideration of the application, as well as the 
patentee and third parties after the publication of information  on the issue of the patent 
may petition on the conduct of information search for the determination of the state of 
the art  in comparison therewith the evaluation of patentability of the utility model may 
be carried out. In this respect provisions of parag raph 11 of Article 22 of the present 
Law shall be respectively applied.   
 
Article 24.  Expert Examination of an Application for the Industrial Design  
 
 1.  In relation to the application for the industrial design  the expert organisation 
shall conduct a fo rmal expert examination and expert examination as to substance.  
 2.  On the stage of the formal expert examination there shall be checked the 
availability of the documents of the application as stipulated in subparagraphs 1) , 2) and 
4) of the paragraph 2 o f Article 19 of this Law, the date of presentation of the 
application and the priority date shall be fixed.  
 In relation to the application for the industrial design , which is formulated with 
infringement of requirements to its documents, the applicant sha ll be delivered a request 
with a proposal  to present corrected or missing documents within three months from 
the date of delivery of it.  
 Where by the fixed time the applicant has presented no requested documents or a 
petition for extention  of the establi shed term, the application shall be considered as 
recalled , what the applicant shall be delivered the appropriate notice about.  This term 
may be extended subject to due payment but not more than  for three months.  
 If in accordance with Article 21 of this L aw additional materials are presented to 
the application for the industrial design , there shall be checked whether they change the 
substance of the stated industrial design  or not.  
 Additional materials shall change the substance of the stated industrial design  
where they contain features which were absent in the primary materials of the 
application.  Additional materials shall not be taken into account in the part, which 
changes the substance of the stated industrial design , when the application is under 
consideration, and they may be formulated by the applicant as an independent 
application, what the applicant shall be informed of.  
 The applicant shall be informed of results of the formal expert examination upon 
the completion of the formal expert examinat ion. 
 2-1. Based on  application filed in violation of the requirement of  unity of 
industrial design,  applicant shall be proposed  within three months from the date of 
relevant notification inform  which industrial design shall be  subject to review and , if 
necessary,  introduce  corrections in to documents of the application. Other  industrial  
designs included in the initial application may be submitted as separate  applications. 
Priority of separated  applications shall be  established in accordance with paragraph 5  of 
Article 20 of this Law.  
     If applicant within three months from the date of notification on  violation of  
requirement of unity  shall not inform  which of industrial designs  shall be  subject to 
review and shall not  submit updated documents , only first  object  specified in the 
description shall be subject to consideration  as well as other industrial designs related to 
the first object so that they meet the requirement of unity of industrial design.   27  3.  After the completion of the formal expert examinati on with the positive result 
the expert organisation shall conduct an expert examination of the application as to 
substance.  
 The expert examination of the application as to substance shall comprise 
establishment of the possibility to attribute the stated p roposal to items protected as an 
industrial design , to conduct an information search in relation to the stated industrial 
design  to determine the level of the art -development solution, examination of the 
conformity of the stated solution with the patentabi lity terms established by Article 8 of 
this Law, and it shall be conducted provided that the document is presented which 
confirms the payment for the expert examination of the application as to substance.  
 The document concerning payment for the expert exa mination of the application 
as to substance shall be presented to the expert organisation within three months from 
the date of delivery of the notice concerning results of the formal expert examination.  
 4.  During the period of conducting of the expert ex amination of the application 
as to substance the expert organisation shall have the right to request from the applicant 
additional materials, without which it is impossible to conduct the expert examination, 
in particular the modified list of essential fea ture. 
 Additional materials under the request of the expert organisation must be 
presented without change of the substance of the industrial design  within a three -month 
period from the date of delivery of the request.  
 Additional materials in the part, whi ch changes the substance of the industrial 
design , shall be covered by the procedure established by paragraph 1 of this Article.  
Where the applicant has not presented by the fixed time the requested materials or a 
petition for prolongation of the fixed te rm, the application shall be considered as 
recalled.  
 Based  conclusion of expert organization the authorized body within ten working 
days shall  make a decision to grant  a patent for industrial design.  
Based on decision of the authorize d body to grant a pat ent for  industrial design  
expert organization within ten working days shall send the applicant conclusion of the 
expert organization and notification of the need to pay f ees for  issuance of the 
protection  document.  
Within three months from the date of noti fication of the applicant on decision  of the 
authorized body  to grant  a patent  the applicant shall submit to expert organization the 
document confirming payment for preparation of a patent,  publication and payment of 
the state fee. In case of f ailure to pr ovide these documents  payment period can be 
restored  within three months subject to submission of document confirming  payment for 
restor ation of  the missed deadline. Otherwise, application shall be deemed withdrawn 
and application  procedure  terminated, and  the applicant shall be notified within one 
month from the date of expiry of the period of recovery.  5.  Where as a result of the 
expert examination of the application as to substance the expert organisation establishes 
that the stated proposal in the req uested volume of legal protection meets the industrial 
design  patentability terms as determined by Article 8 of this Law, then the positive 
conclusion of the expert organisation shall be issued for a patent with a totality of 
essential features coordinated  with the applicant, with indication of the established 
priority.  
 On the basis of the conclusion of the expert organisation of the authorised body 
shall pass a decision concerning issue or denial of issue of a patent for the industrial 
design .  28  6.  Where there is established the inconsistency of the stated industrial design  in 
the legal protection volume requested by the applicant with the industrial design  
patentability terms, the negative conclusion of the expert organisation shall be issued.  
 The negati ve conclusion of the expert organisation shall be also issued if the 
application is related to items not protected as industrial design  and in case if the 
applicant does not change the totality of essential features after the notification that the 
proposed  totality of essential features contains features, which are absent in the primary 
materials of the application, or, except for the item protected as an industrial design , it 
also characterises a proposal, which is not included among items protected as an 
industrial design  or in relation to which consideration was not conducted in connection 
with infringement of the requirement of the uniformity of industrial design . 
 The applicant may file an obj ection to the authorized body on  the negative 
conclusion of t he expert organization within three months from the date of its sending. 
The objection shall be considered by the Appellate Council within two months from the 
date of its receipt.  
 7.  The applicant may be acquainted with all the materials opposed by the e xpert 
examination.  The expert organisation shall deliver copy materials requested by the 
applicant within a month period from the date of reception of the request.  
 8.  The term stipulated by paragraphs 2, 3 and 4 of this Article and missed by the 
applica nt may be restored by the expert organisation if a document is presented 
concerning payment for restoration of the missing term.  
 The petition for restoration of the term may be presented by the applicant not 
later than in six months from the day of expira tion of the missing term.  Such a petition 
shall be presented to the expert organisation together with the materials requested by the 
expert examination or with the objection of the council of appeals.  
 
Article 25.  Registration of Object of  Industrial Pro perty and Issue of 
Protection Document  
  
 1.  The organisation of experts  shall enter to the State Register of Inventions of 
the Republic of Kazakhstan, the State Register of Utility Models of the Republic of 
Kazakhstan, the State Register of Industrial De signs of the Republic of Kazakhstan the 
invention, utility model or industrial design, respectively.  
 2.  The authorised body  shall issue to the patentee the protection document 
simultaneously with the publication in the bulletin of information on its issu e. 
 In the existence of several persons in whose name the protection document is 
claimed one protection document shall be issued to them.  
 3.  The authorised body  shall issue the official certificate confirming the 
authorship to the author of the object of industrial property who is not the patentee.  
 4.  The authorised body  shall establish the pro -forma of the protection document 
and the author’s certificate, the composition of information indicated in it.  
 
Article 26.  Publication of Information on Issue of Protection Document  
  
1.  The expert organisation shall publish in the bulletin information on issue of 
the patent for the invention upon the expiration of eighteen months, and information on 
issue of the patent for utility  model  and industrial design  - upon expiration of twelve  29 months from the date of presentation of the application.  Under the petition of the 
applicant the expert organisation shall  publish the data before the indicated time.   
 3.  The author shall have the right to refuse to be mention ed as the author in 
published information on the protection document.  
 4.  The full composition of information shall be defined by the authorised body . 
 5.  After publication of information on the issue of the protection document any 
person shall have the right to acquaint himself with the application materials and with 
the report on information search as prepared by the organisation of experts . 
 6.  In accordance with paragraph 3 of Article 5 of the present Law the 
organisation of experts  shall publish in the bulletin the information on the extension of 
the term of validity of the protection document as well as information on changes in 
entries in the relevant state registers .  
 
Article 27.  Withdrawal of Application  
 
 An applicant shall have the right to w ithdraw the application submitted by him 
prior to the registration of the object of industrial property with the relevant State 
Register of the Republic of Kazakhstan.  
 
Article 28.  Transformation of Applications  
  
 1.  An applicant shall have the right pri or to the issuing of appropriate resolution 
by the organisation of experts  on the application for an invention to transform it into the 
application for utility model by submitting the relevant petition.  
 2.  Transformation of the application for the utilit y model into the application for 
the invention may be possible prior to the issue of a resolution by the organisation of 
experts  on the application for the utility model by submission of the relevant petition.  
 3.  The priority and date of submission of th e first application shall be retained in 
the indicated transformations.  
 
CHAPTER 6.  TERMINATION AND RESTORATION OF PROTECTION 
DOCUMENT VALIDITY  
 
Article 29.  Challenging of Protection Document  
  
 1.  The protection document during the entire period of the  validity may be 
challenged and recognised as invalid fully or partially pursuant to the objection against 
its issue in the cases of:  
 1)  incompliance of the protected object of  industrial property with terms of 
patentability as established in the presen t Law;  
 2) existence in the claim of the invention, utility model or in totality of essential 
features of industrial design of features missing in the original materials of the 
application;  
 3)  issue of the protection document in violation by the applican t of provisions of 
Article 37 of the present Law;  
 4)  inaccurate indication in the protection document of the author (authors), or 
patentee.   30  2.  Objection against the issue of the protection document pursuant to basis 
stipulated in subparagraphs 1) – 3) of paragraph 1 of the present Article shall be 
submitted to the authorised body .  The objection shall be considered by the Appellate 
Council within six months deadline from the date of its receipt.  The person, who 
submitted the objection, shall be obliged  to acquaint the patentee with the objection.  
 
Article 30.  Recognition of Protection Document as Invalid and Early 
Termination of its Effect  
  
 1.  The protection document shall be recognised as fully or partially invalid on 
the basis of the decision of t he Appellate Council or decision of the court.  
In case if protection document is  recognised as partially invalid , remaining 
protectable object of invention , utility model or industrial design shall be granted  a new 
patent.  
       Patent for invention, uti lity model or industrial design recognized as fully or 
partially invalid shall  be nullified from the date of filing the patent application.  
       Licensing agreements concluded on the basis of a patent later recognized as 
invalid shall be maintained so far  as they have been fulfilled by the time a decision on 
the invalidity of the patent  was accepted . 
       Patent invalidation shall mean cancellation of the decision of the authorized 
body on grant ing a patent for  invention, utility model or industrial desi gn and 
cancellation of note in the relevant state  register.  
 2.  Effect of the protection document shall be terminated ahead of time:  
 1)  on the basis of the application submitted by a patentee to the authorised body, 
from the date of publication in the b ulletin of information on the premature termination 
of validity of the protection document.  In the event that the protection document is 
issued for a group of industrial property object s and the patentee's application is 
submitted only with regard to a ce rtain items of the group, the validity of the protection 
document shall terminate only with regard to the industrial property object s specified in 
the application;   
 2)  in non -payment within the established deadline for the maintenance of the 
protection d ocument in effect from the date of expiration of the established deadline for 
payment.  
 3.  The organisation of experts  shall publish in the bulletin the information on 
the protection documents recognised as invalid fully or partially, and also on those 
which term of effect is terminated ahead of time.  
 
Article 31.  Restoration of Effect of Patent.  Right to After -Use 
  
 1.  The effect of a patent terminated pursuant to the basis indicated in 
subparagraph 2) of paragraph 2 of Article 30 of the present Law may be restored 
pursuant to the petition of the patentee during three years from the date of expiration of 
the deadline for the payment for the maintenance of patent in effect.  Petition on 
restoration must be accompanied with a document confirming payment for preparation 
of documents for  restoration of the patent and for maintaining it in force for the period 
payment for which  was missed.  
 The organisation of experts  not later than two month from the date of 
submission of application on restoration  shall pu blish in the bulletin the information on  31 the restoration of effect of the patent. The date of publication shall be the date of 
restoration of the patent’s effect.  
 2.  Any person, who during the period between the date of termination and the 
date of restor ation of the patent’s effect commenced the use in the territory of the 
Republic of Kazakhstan of the object of  industrial property protected by the patent, or 
has made the preparations necessary for it, shall retain the right to its further charge free 
use without extension of the scope (the right to the after -use) of such use .  
 The right to the after -use may be assigned to another person only together with 
the production on which the use of the object of  industrial property took the place, or 
preparations  necessary for it have been made.  
 
CHAPTER 7.  PROTECTION RIGHTS OF AUTHORS, APPLICANTS 
AND PATENTEES  
 
Article 32. Appellate Council  
 
      1. The Appellate Council shall be a specialized structural subdivision of the 
authorized body for the pre -court cons ideration of disputes with respect to objections 
raised in accordance with paragraph 10 of Article 22, paragraph 3 of Article 23 , 
paragraph 6 of Article 24  and paragraph 2 of Article 29 of the present Law.  The 
Regulations concerning the Appellate Council shall be approved by the authorized 
body.  
1-1. P re-court consideration of disputes with respect to objections raised in 
accordance with paragraph  2 of present Article shall be obligatory.  
      2. The following objections may be filed to the Appellate Coun cil: 
      1) on the decision of the authorized body (the conclusion of the expert organization) 
to refuse to issue the patent for invention, utility model or industrial design;  
      2) against the issue of patent for invention, utility model or industri al design , against 
the issue of validity of Eurasian patent . 
      The objection provided by subparagraph 1) of this paragraph, shall be submitted by 
the applicant or his successor, either directly or through a representative.  
      The objection provided by subparagraph 2) of this paragraph shall be submitted by 
any interested person, either directly or through a representative.  
      Objection shall be submitted to the authorized body in  written form in  Kazakh and 
Russian either directly or by mail. The a ttached materials to the objection shall be 
submitted in Kazakh and Russian.  
      If an objection is filed by facsimile or e -mail it must be confirmed by the original 
hard copy no later than one month from the date of receipt of such objections.  
      The objection shall be filed within the terms established by this Law.  
      Missed deadline for objections provided by subparagraph 1) of this paragraph may 
be re -established upon application during the terms established by the present Law . The 
application shall be submitted simultaneously with an objection to the Appellate 
Council.  
      3. In the case of filling an objection by a patent agent or other representative a power 
of attorney shall be submitted in Kazakh and Russian; if a power of attorney shall be 
submitted in other (foreign) language, power of attorney shall be translated into Kazakh 
and Russian and notarized. The original of notarized power of attorney shall be attached  32 to the objections materials or it shall be submitted together with a copy t o the Secretary 
of the Appellate Council to confirm notarization.  
      4. Objection shall be considered at the board meeting of the Appellate Council 
within the term prescribed by this Law. This term may be extended at the request of the 
person who filed the objection and the patentee, but not more than for six months from 
the date of expiry of the deadline for the consideration of objection.  
      5. A person filed an objection and the patentee have the right to appeal against the 
decision of the Appellat e Council within six months from the date of the decision.  
 
Article 32 -1. Grounds for refusal to consider objection in the Appellate 
Council  
      1. Acceptance of objection for consideration shall be refused if:  
      1) an objection according the legisla tion of the Republic of Kazakhstan is not 
subject to consideration in the Appellate Council;  
      2) an objection is not signed or signed by a person not having an authority to sign it;  
      3) an objection is submitted with the violation of the specifi ed term and the 
possibility of its extension and re -establishment is lost;  
      4) an applicant within the prescribed period did not comply with requirements for 
content and procedure for submission of objection.  
      In case of the presence of these cir cumstances the person submitted the objection 
shall be notified that an objection shall not be taken into consideration and shall be 
considered as not submitted.  
      A person submitted an objection or his representative may withdraw an objection 
before t he announcement of the decision of the board of the Appellate Council.  
      
 Article 32 -2. Consideration of objection at the board meeting of the 
Appellate Council  
      1. Consideration of the objection shall be carried out at the board meeting of the 
Appellate Council consisting of not less than five members. Prior to the start of the 
dispute consideration the confidentiality of the members of the board of Appellate 
Council must be provided.  
      To provide conclusions at the board meeting of the Appell ate Council 
representatives of scientific organizations and specialists of appropriate profile may be 
invited.  
      2. Board of the Appellate Council shall have the right to postpone the meeting in 
case of:  
      1) inability to consider the objections at  this meeting due to the absence of any of 
the persons entitled to take part in the consideration of objections;  
      2) need to submit the missing or additional documents (evidence) for a decision -
making by parties;  
      3) the request of the parties.  
      3. Individuals participating in the consideration of objection have a right to:  
      1) become familiar with the case, make extracts, order and receive copies thereof;  
      2) present evidence;  
      3) participate in examination of the evidence;  
      4) question the participants of Appellate process;  
      5) make a petition;   33       6) give oral and written explanations to the members of the Board of Appellate 
Council;  
      7) present their arguments and views on all issues arising during the consi deration of 
objections to the issues;  
      8) oppose the petitions, arguments and views of others involved in the case.  
      4. In order to resolve a dispute the Board of Appellate Counsel shall make a 
decision.  
      Decision shall be taken by a simple majority vote of the Board members of 
Appellate Council. When votes are equal the Chairman’s vote of the board meeting of 
the Appellate Council shall be decisive.  
      Upon consideration of objections the following decisions shall be made:  
      1) satis fy the objections;  
      2) partially satisfy the objections;  
      3) postpone consideration of objections;  
      4) dismiss the objection.  
      5. Within the ten working days from the date of the decision the Board of Appellate 
Council shall prepare and  send the decision to the parties of the Appellate Council. The 
decision of the Appellate Council shall be in writing and shall consist of an 
introduction, descriptive part, reasoning and conclusion.  
      The decision of the Appellate Council shall be sig ned by all members of the Board 
of Appellate Council.  
 
Article 33.  Consideration of Disputes in Judicial Procedure  
  
 1.  The following disputes shall be subject to consideration in a judicial 
procedure:  
 1)  concerning the authorship on object of  industr ial property;  
 2)  concerning the lawfulness of the issue of protection document;  
 3)  concerning the establishment of patentee;  
 4)  concerning the issue of compulsory licence;  
 5)  concerning the violation of the exclusive right for the use of protected object 
of industrial property and other rights of property of the patentee;  
 6)  concerning the conclusion and implementation of licensing agreements for 
the use of protected object of  industrial property;  
 7)  concerning the right to the prior use and aft er-use;  
 8)  concerning the payment by the employer of remuneration to the author in 
accordance with paragraph 4 of Article 10 of the present Law;  
 9)  concerning the payment of compensations as stipulated by the present Law;  
 10)  concerning other disput es associated with the protection of rights ensuing 
from the protection document.  
1-1. Objections for  decision s of the authorized body referred to in paragra ph 2 of 
Article 32 of this Law shall be submitted to the court after considerati on of the relevant 
objections by  the Council of  Appea ls. 
 2.  The organisation of experts  shall, based on the court’s decision, publish 
information on amendments concerning protection documents.  
 
Article 34.  Responsibility for Violation of Rights of Authors, Applicants 
and Patentees   34  
 Appropriation  of the authorship, compulsion to the co -authorship, disclosure 
without consent of the author, or applicant of the essence of industrial property before 
the publication of information on it, illegal use of the protected object of  industrial 
property, violation of the procedure for patenting the object of  industrial property in 
foreign countries shall entail the responsibility in accordance with laws of the Republic 
of Kazakhstan .  
 
CHAPTER 8.  CONCLUDING PROVISIONS  
 
Article 35.  The  State Duty  
  
 For  performance by the authorised body of efforts associated with issuing of 
protection documents, registration of agreements, certification of patent agents and 
issuing of a patent agent registration certificate the state duty shall be co llected in 
accordance with the tax legislation of the Republic of Kazakhstan.  
   
  
Article 36.  Patent Agents  
  
1. Legally capable citizen of the Republic of Kazakhstan who permanently 
resides in its territory, with higher education and work experience in the field of 
intellectual property not less than four years, certified and registered by the authorized 
body in the field of intellectual property shall be a patent agent.  
      In order to certificate candidates as patent agent the authorized body forms 
Certification Commission from the staff of the authorized institution and expert 
organization. The minimum number of members of the certification committee shall be 
not less than five employees.  
      Certification of candidates as patent agent shall be con ducted by the authorized body 
at least once a year upon receipt of applications from candidates to the patent agent.  
      As a result of certification Certification Commission shall make a decision to certify 
or deny certification of the candidate. The fo rm of decision of Certification commission 
shall be approved by the authorized body.  
      The decision of Certification commission shall be appealed in court within three 
months from the date of decision.  
      Successful candidates of qualification exam ination shall receive a certificate of 
patent agent, in accordance with the form set by the authorized body.  
      State duty for the certification of candidates for patent agents and issue of the 
certificate shall be determined by the tax legislation of t he Republic of Kazakhstan.  
      2. The following persons shall not be accepted for certification of candidates for 
patent agents:  
      1) those who in accordance with the legislation of the Republic of Kazakhstan are 
not allowed to be engaged in entrepre neurial activities;  
      2) employees of the authorized body and its subordinate organizations, as well as 
their close relatives, spouse;  
      3) those who has a conviction;  
      4) those who are excluded from the register of patent agents in accordance  with this 
Law.   35       3. Activity of a patent agent shall be suspended by the protocol decision of the 
Certification Commission:  
      1) based on the application of a patent agent submitted to the Certification 
commission;  
      2) for the period referrin g to persons who in accordance with the legislation of the 
Republic of Kazakhstan are prohibited from engaging in entrepreneurial activity, 
including the staff of the authorized body and its subordinate organizations;  
      3) in order to clarify the circu mstances provided by subparagraphs 2) and 6) of 
paragraph 1 and paragraph 5 of Article 36 -2 of this Law.  
      In the case provided by subparagraph 3) of this paragraph, the activity of a patent 
agent shall be suspended for three months until the decision is taken by the Certification 
Commission.  
      The activity of a patent agent shall be resumed by the protocol decision of the 
Certification Commission in the case if the shortcomings caused by the suspension of its 
activities are removed.  
      4. Paten t agent as a representative of the applicant or patentee shall carry out activity 
related to the conduct of business with the authorized body and the expert organization 
on the legal protection of intellectual property. Conduct of business with the authori zed 
body and the expert organization may also be carried out by the applicant and (or) the 
patent owner himself.  
      Natural persons who reside beyond the territory of the Republic of Kazakhstan, or 
foreign legal entities shall exercise the rights of th e applicant and patentee as well as the 
rights of the interested person in the authorized body and its organization through patent 
agents.  
Natural persons who permanently reside in the Republic of Kazakhstan, but are 
temporarily situated beyond its territ ory, may exercise the rights of the applicant, 
patentee, as well as the rights of the interested person without a patent agent, specifying 
an address for the letter exchange within the Republic of Kazakhstan.  
      5. Information which a patent agent recei ves from the trustor in connection with the 
performance of his/her instructions shall be recognized as confidential subject to 
condition of compliance with the requirements of the legislative acts of the Republic of 
Kazakhstan on confidential information o r other secrets protected by the law.  
 
Article 36 -1. The rights and obligations of a patent agent  
 
      1. A patent agent shall be entitled to carry out to the benefit of the applicant 
(individual or legal entity), the employer concluded an employment agreement  with 
him, or a person concluded with him or his employer a civil contract, the following 
activities:  
      1) advise on the protection of intellectual property rights, acquisition or transfer of 
intellectual property rights;  
      2) preparation o f applications for inventions, utility models and industrial designs on 
behalf of the customer, principal, employer;  
      3) interaction with the authorized body and (or) expert organization for the 
protection of rights for inventions, utility models and industrial designs, including letter 
exchange, preparation of the objections for the conclusion  of examination, participation 
in meetings of the advisory council of experts organization;   36       4) assist in the preparation, consideration and submission  for examination of 
agreements  of assignment , licensing (sublicensing) agreements and (or) additional 
agreements . 
      2. Powers of patent agent attorney shall be certified by a power of attorney.  
      3. In order to conduct  businesses related to the filing o f applications for inventions, 
utility models and industrial designs, and (or) receipt of protection documents, as well 
as filing an objection to the Appellate Council patent agent submits a copy of power of 
attorney to the expert organization and the auth orized body.      If the power of attorney 
is made in a foreign language, its notarized translation into Kazakh and Russian must 
necessarily be represented.  
      4. A patent agent shall be obliged not to accept a commission in cases if earlier he 
represen ted or advised persons whose interests are contrary to the interests of the person 
requesting the conduct of business, and if the case involves an official, who is closely 
related to a patent agent, her/his husband (wife), and (or) his (her) close relative . 
      
 Article 36 -2. Revocation and cancellation of certificate of patent agent  
 
      1. A patent agent shall be excluded from the register of patent agents by the decision 
of certification commission:  
      1) on the basis of personal application submi tted to the Certification Commission;  
      2) upon termination of citizenship of the Republic of Kazakhstan or permanent 
residence outside the Republic of Kazakhstan;  
      3) in the event of interrupt of professional patent agent activity for more than f ive 
years;  
      4) upon the entry into force of a judgment of conviction, by which the patent agent 
was convicted of committing a crime;  
      5) in the case of the death of a patent agent or his recognition as missing or declared 
dead;  
      6) in the ev ent of acknowledgement of a patent attorney as legally incompetent.  
      2. In the case of exclusion of patent agent from the register of patent agents on the 
grounds specified in subparagraphs 4), 5) and 6) of paragraph 1 of this Article, the 
certificate  shall be canceled by the decision of certification commission. Information 
about the cancellation of the certificate shall be entered in the register of patent agents.  
      3. In the cases specified in subparagraphs 1), 2) and 3) of paragraph 1 of this a rticle, 
certificate of a patent agent shall be revoked by the decision of certification commission 
based on the application of the patent agent or the third party.  
      Patent agent, excluded from the register on the grounds of subparagraphs 1) and 2) 
of paragraph 1 of this Article may be re -registered as a patent agent without re -passing a 
qualifying examination, in case of the termination of reasons of exclusion from the 
registry, and application to the Certification Commission within three years from t he 
date of publication of the decision to remove from the registry. Certification 
Commission according to the docu ments submitted shall establish  the fact of 
termination of the grounds specified in subparagraphs 1) and 2) of paragraph 1 of this 
article.  
      4. Patent agent, excluded from the register of patent agents, shall lose the right to 
pursue activities of a patent agent and a certificate of his registration as a patent agent 
shall be revoked or canceled.   37       5. In the case of unfair performance  by patent agent of his duties, prescribed by this 
Law, the authorized body shall form the Appellate Commission, which shall consist of 
an odd number of members of the authorized body.  
      The Appellate Commission shall be a collegial body, and investiga te complaints of 
natural and (or) legal entities representing the actions of their rights and legitimate 
interests of patent agents, committed, according to them, in violation of applicable 
legislation.  
      As a result of a complaint Appellate Commission  shall recommend the authorized 
body to refer to court a lawsuit to annul a certificate of patent agent or make one of the 
following decisions:   
      1) postpone consideration of the complaint due to lack of evidence or to clarify the 
circumstances that contribute to making objective decisions;  
      2) dismiss the complaint.  
      Decision of appellate commission shall be made by simple majority vote and 
registered in the minutes. Decision of appellate commission may be appealed in court.  
      The regul ation of the Appellate commission shall be established by the authorized 
body.  
 
Article 37.  Patenting of Object of  Industrial Property in Foreign Countries  
  
 1.  Submission to foreign countries of an application for an object of  industrial 
property creat ed in the Republic of Kazakhstan may be carried out upon the expiration 
of three months from the date of submission of the application to the organisation of 
experts  or earlier – after the completion of the review, conducted in accordance with the 
procedur e established by legislation, of information constituting the state secret.  
 2.  Citizens of the Republic of Kazakhstan residing in its territory, as well as 
legal entities of the Republic of Kazakhstan shall submit an application for the object of  
indust rial property to international patent organisation through the organisation of 
experts  provided it does not contradict the relevant international treaty.  
 3.  In the case of submission to foreign countries or international patent 
organisation of an applica tion for the object of  industrial property created in the 
Republic of Kazakhstan with violation of the procedure of the present Article the 
protection document on this object of  industrial property in the Republic of Kazakhstan 
shall not be issued.  
 
Articl e 38.  The Rights of Foreign Physical Persons, Legal Entities and 
Stateless Persons  
 
 1.  Foreign physical persons, legal entities shall enjoy the rights stipulated by the 
present Law on a par with physical persons and legal entities of the Republic of 
Kazakhstan by force of international treaties to which the Republic of Kazakhstan is a 
party, or on the basis of the principle of reciprocity.  
 2.  Stateless persons residing in the Republic of Kazakhstan shall enjoy the 
rights stipulated by the present Law  and any other acts related to the legal protection of 
items of industrial property on a par with physical persons and legal entities of the 
Republic of Kazakhstan, unless otherwise ensues from the present Law and other 
legislative acts.  
  38 President of the Republic of Kazakhstan  
N.  NAZARBAEV