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Stages

Examination of the application for the grant of a patent for an invention consists of two stages:

examination as to form and examination of the application on essence.

In the course of the examination as to form, the availability of documents provided for in the paragraph 2 of the Article 17 of the Patent Law of the Republic of Kazakhstan and compliance with the requirements established for them is checked.

On the application submitted with violation of the requirements to its documents, a request with a proposal to submit the corrected or missing documents within three months from the date of its submission is sent to the applicant.

After the positive examination as to form, the expert organization conducts examination of the application on essence.     

Examination of the Application on essence includes determination of the possibility of classifying the claimed proposal to the objects protected as an invention, conducting information search with regard to the claimed invention to determine the state of the art, verification of conformity of the claimed object (objects) to requirement of unity of invention and to the conditions for patentability stipulated by the Article 6 of the Patent Law of the Republic Kazakhstan, and is carried out if payment for examination of the application on essence will be done.
Examination of the application on essence is made on condition of the submission to the expert organization of a document confirming payment for the examination of the application on essence within three months from the date of notification of the result of the examination as to form.
If in the result of examination of the application on essence, expert organization determines that the claimed proposal in the scope of protection claimed by applicant does not comply with the conditions of patentability (novelty, inventive level and industrial applicability), the application relates to objects not protected as inventions, the applicant does not change the formula of invention after notification that the proposed formula contains the features that are missing in the original materials of the application, or, in addition to the object, protected as the invention, also attributes a proposal that is not applicable to the objects protected as an invention, or which has not been considered due to violations of requirements of unity of invention, then  the negative conclusion of expert organization is issued

In case of disagreement with the negative conclusion of RSE "NIIP" within three months from the date of sending the conclusion, the applicant has the right to file an objection to the Appeal Council of the Ministry of Justice of the Republic of Kazakhstan. The appeal is considered by the Board of Appeal within four months from the date of its receipt.

If in the result of examination of the application on essence RSE "NIIP" determines that the claimed proposal in the scope of protection claimed by applicant complies with the conditions of patentability (novelty, inventive level and industrial applicability), then positive conclusion of RSE "NIIP" on patent with formula of invention, agreed with the applicant, with the indication of the established priority is issued
After the adoption of the Ministry of Justice of the Republic of Kazakhstan the decision to grant a patent for an invention, RSE "NIIP" shall notify the applicant about the decision and the need to present documents supporting appropriate payment for the preparation of a patent to issue.

After the presentation by the applicant of the documents confirming payment for the preparations for the grant of a patent, publication and the state fee, if it is necessary, request for early publication, RSE "NIIP"  shall enter the information into the State Register of inventions, publish information on issuing electronic bulletin, prepares patent.
RSE "NIIP" delivers the patent to the patent owner by courier or through the postal service.