Changed on 19/01/2018 - 10:18
On the application for granting a utility model patent, in accordance with the paragraph 1 of the Article 23 of the Patent Law of the Republic of Kazakhstan, an examination of the application is carried out, during which the availability of documents and compliance with the requirements established for them is checked, the priority date of the utility model is determined, the possibility of classifying the submitted proposal to objects protected as utility models, the utility model unity is tested.
The compliance of the claimed utility model with the conditions of patentability is not conducted. The patent is issued at the risk and under the responsibility of the applicant.
On the application submitted with violation of the requirements to its documents, the applicant is sent a request with a proposal to submit the corrected or missing documents within three months from the date of its submission.
If, as a result of the examination, it is determined that the application relates to objects that are not protected as utility models, a negative conclusion from the RSE "NIIP" 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.
If, as a result of the examination, it is established that the application relates to objects protected as utility models, the documents comply with the established requirements, a positive conclusion of the expert organization for the grant of a utility model patent is issued.
After the Ministry of Justice of the Republic of Kazakhstan made a decision to issue a utility model patent, the RSE "NIIP" notifies the applicant of the decision taken and the need to present documents confirming the appropriate payment for preparing for the grant of the patent.
After the applicant submits documents confirming payment for preparation for granting a patent, publication and state fee, if necessary, an application for early publication, RSE "NIIP" enters information into the State Register of Utility Models, publishes information on issuance in an electronic bulletin, prepares a utility model paten.
RSE "NIIP" delivers the patent to the patent owner by courier or through the postal service.