Kazakhstan Patent Law makes provision for obtaining a Patent for invention.
As from April 20, 2016 the provisions related to Innovation Patent Applications are removed from the Kazakhstan Patent Law, therefor no Innovation Patent Application may be filed at the time being.
According to the Kazakhstan Patent Law a Patent application is subject of the formal examination and examination in substance. The substantive examination is carried out upon the request of the Applicant filed after the formal examination is carried out.
A Patent of 20 years validity is granted in consequence of the examination in substance (novelty, inventive step, industrial applicability).
As a rule a Patent is granted 1,5 – 2 years counting from filing the substantive examination request.
The annuities are to be paid for every next year on or before the annuity date.
According to the current Kazakhstan Rules (valid as from August 13, 2015) SPC may be obtained for not more than 5 years for the pharmaceutical preparations and pesticides where the Marketing Authorization is required. PTE covers the period from filing date of a Patent Application to the date of obtaining the MA minus 5 years.