National Institute of Intellectual Property, Committee of Intellectual Property Rights, Ministry of Justice, Republic of Kazakhstan
- Q1 Filing Date
- Q2 Representation
- Q3 Forms and Means of Communications
- Q4 Relief in Respect of Time Limits
- Q5 Reinstatement of Rights
- Q6 Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
- Q7 Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
- Q8 Request for Recordation of Change in Name or Address
- Q9 Request for Recordation of Change in Applicant or Owner
- Q10 Request for Recordation of a License or a Security Interest
- Q11 Request for Correction of a Mistake
Q1: Filing date
Q1-1 For the purpose of obtaining a filing date, an applicant may file an application on paper or “as otherwise permitted by the Office”. If your Office accepts applications filed in a form or by a means other than on paper, for the purpose of the filing date (for example, on-line filing), please provide a brief explanation regarding the acceptable form or means, and describe whether such form or means, for the purpose of the filing date, are different from the form or means applicable to applications accepted by your Office for the purpose of processing the application after according the filing date.
[Reference: PLT Article 5(1)(a)]
A1-1 Filing date is established in accordance of the date of entering application to the expert organization, it contains application for patent on invention, the description and drawings, if the description contains references.
In case when an application on the date of its entering doesn't contain the above information and/or documents, the filing date is established in accordance of the date, when all documents and information are received.
The application materials are submitted to the expert organization directly or sent by mail, facisimile, electronic mail or through electronic filing (on the stage of implementation). The originals of the application materials which are submitted to expert organizations by fax, e-mail and electronic filing must be submitted within one month from the date of receipt along with an accompanying letter identifying the materials which were received earlier.
Q1-2 Does your Office accept a drawing as the element referred to as “a part which on the face of it appears to be a description” in PLT Article 5(1)(a)(iii)?
[Reference: PLT Article 5(1)(b)]
A1-2 Yes
Q1-3 For the purpose of according the filing date, a Contracting Party may require information allowing the identity of the applicant to be established or information allowing the applicant to be contacted by the Office, or the both. What is the requirement of your country?
(a) Information allowing the identity of the applicant to be established
(b) Information allowing the applicant to be contacted by the Office
(c) Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office.
[Reference: PLT Article 5(1)(c)]
A1-3 Both information allowing the identity of the applicant to be established and information allowing the applicant to be contacted by the Office
Q1-4 Does your Office accept evidence allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office as the element referred to in PLT Article 5(1)(a)(ii) (“indications allowing the identity of the applicant to be established or allowing the applicant to be contacted by the Office”)?
[Reference: PLT Article 5(1)(c)]
A1-4 Yes
Q1-5 For the filing date to be determined under PLT Article 5(6)(b), which of the optional elements referred to in PLT Rule 2(4) are required by your Office?
(a) A copy of the earlier application
(b) A copy of the earlier application and its filing date, certified as correct
(c) A translation of the earlier application
(d) The missing part of the description or missing drawing must be completely contained in the earlier application
(e) The application must contain an indication that the contents of the earlier application were incorporated by reference
(f) An indication as to where the missing part of the description or the missing drawing is contained in the earlier application or in the translation.
[Reference: PLT Rule 2(4)]
A1-5 - A translation of the earlier application
- The application must contain an indication that the contents of the earlier application were incorporated by reference
Q1-6 For a reference to a previously filed application to replace the description and any drawing for the purpose of the filing date under PLT Article 5(7), which of the requirements referred to in PLT Rule 2(5) are required by your Office?
(a) The reference to a previously filed application must indicate the filing date of the previously filed application
(b) A copy of the previously filed application
(c) A copy of the previously filed application, certified as correct
(d) A translation of the previously filed application
(e) The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
[Reference: PLT Rule 2(5)]
A1-6 - A translation of the previously filed application
- The reference mentioned in PLT Article 5(7)(a) shall be to a previously filed application that has been filed by the applicant or his predecessor or successor in title
Q2: Representation
Q2-1 In addition to the procedures referred to in PLT Article 7(2)(a) and (b), are there any procedures before the Office that an applicant, owner or other interested person may carry out himself without, for example, a local representative? If yes, please list those procedures.
[Reference: PLT Article 7(2)]
A2-1 Correspondence is conducted by the applicant or his representative on the basis of power of attorney for the date of filing and paying taxes.
Q2-2 Where a single power of attorney relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single power of attorney be filed for each application and patent?
[Reference: PLT Rule 7(2)(b)]
A2-2 Yes
Q3: Forms and Means of Communications
Q3-1 Does your Office permit the filing of communications by telegraph, teleprinter, telefacsimile or other similar means of transmittal? If yes, does your Office require that the original of such communication, accompanied by a letter identifying the earlier transmission, be filed on paper?
(a) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is not permitted
(b) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is required
(c) The filing of communications by telegraph, teleprinter, telefacsimile, etc. is permitted, and the original of the communications by telegraph, teleprinter, telefacsimile, etc. is not required
[Reference: PLT Rule 8(2)(c)]
A3-1 - The filing of communicatinos by telegraph, teleprinter is not permitted
- The filing of communications by telefacsimile is permitted, and the original of the communications by telefacsimile is required
Q4: Relief in Respect of Time Limits
4-1 Which form of relief in respect of time limits does your Office provide?
[Reference: PLT Article 11(1), (2) and (4)]
A4-1 Extension of time limits requested prior to the expiry
Extension of time limits for submission, for example, the translation of the application, response to request for examination, is provided only after filing application for renewal and paying fee. Also extension and restoration of time limits are provided via applications for patents on invention and utility model. Extension of the time for reply for not more than 3 months via application for granting innovation patent is provided, but restoration of lost time limits is not provided.
Time limits of extension: via application for patents on invention and utility model it is possible to reply to request for examination within 12 months; via application for granting innovation patent it is possible to reply to request for examination within 3 months.
The amount of commission (tax) for each month of extension - up to 6 months from the date of deadline is: for national applicants, including: individuals - 772,80 tenge; legal persons - 1545,60 tenge; for foreign applicants - 5152 tenge.
The amount of commission (tax) for each month of extension - up to 12 months from the date of deadline is: for national applicants, including individuals - 1532,16 tenge; legal persons - 3064,32 tenge; for foreign applicants - 10 214,40 tenge.
Extension of time limits requested after the deadline are not provided.
Resumption of expertise, through the restoration of the missed time of submission of reply: via applications for patent on invention or utility model within 12 months from the date of expiry of the period for reply. Via applications for granting innovation patent restoration of time limits for reply to request of the examination is not provided.
Q4-2 Which actions are excluded from the relief as described in A4-1?
[Reference: PLT Article 11(3) and Rule 12(5)]
A4-2 Via applications for granting innovation patent the extension of the period for reply is provided for not more than 3 months, and restoration of lost time is not provided.
Q5: Reinstatement of Rights
Q5-1 Under which circumstance does your Office reinstate the rights of the applicant or owner as referred to in PLT Article 12? In addition, please provide a brief explanation of the applicable standard.
[Reference: PLT Article 12(1)]
A5-1 Failure to comply with the time limit was unintentional.
Q5-2 What is the time limit for making a request for reinstatement of rights?
[Reference: PLT Rule 13(2)]
A5-2 - in case when reply to the examiner's request for a patent on invention or utility model is not provided for the good cause, the missed time limits may be reinstated within 12 months from the date of deadline;
- in the case when payment for granting protection document was made after deadline, lost time limits may be reinstated within 6 months from the date of deadline.
Q5-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 12(3)]
A5-3 Yes
Amount for restoration of the missed deadline is: for national applicants, including individuals - 4 636.80 tenge; legal persons - 9 273.60 tenge; for foreign applicants - 30 912 tenge KZT.
Q5-4 Which actions are excluded from the reinstatement of rights?
[Reference: PLT Article 12(2) and Rule 13(3)]
A5-4 - restoration of the missed time limits for a response to a request for examination via application for granting innovation patent on invention;
- establishing the priority of an earlier application if a copy of the first application is not presented in priority period (12 months) from the date of filing the first application, and missed 2 months from the date of expiry of the priority period.
Q6: Restoration of Priority Rights Where the Filing of the Subsequent Application was Delayed
Q6-1 Under which circumstance does your Office restore the right of priority where the subsequent application was not filed within the priority period?
[Reference: PLT Article 13(2)]
A6-1 - Failure to file the subsequent application within the priority period occurred in spite of
due care required by the circumstances having been taken
- Failure to file the subsequent application within the priority period was unintentional
Q6-2 In order to restore the right of priority, what is the time limit within which the subsequent application shall be filed?
[Reference: PLT Rule 14(4)]
A6-2 An application through which the Convention priority is claimed, should enter to the expert organization within twelve months from the date of the earlier application for invention, or within six months from the date of the earlier application for utility model. The need for compliance by the applicant of twelve months from the filing date of application, during which the conventional application must be received in the expert organization. In the case, when the application was received after the deadline, but before the expiration of two months from the date of its completion, it is checked was it made inadvertently, and the need for their documentary evidence is set, if such evidence is missing.
Q6-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A6-3 No response.
Q7: Restoration of Priority Rights Where the Filing of a Copy of the Earlier Application was Delayed
Q7-1 In order to restore the right of priority where a copy of the earlier application was not filed within the time limit, does your Office require a declaration or other evidence in support of the request for restoration of priority rights?
[Reference: PLT Article 13(3) and Rule 14(6)(b)]
A7-1 Yes
Q7-2 Where the filing date of a copy of the earlier application was delayed (for example, a copy of the earlier application has not been filed within 16 months from the priority date), in order to enjoy restoration of priority right, what is the time limit within which such delayed copy of the earlier application shall be filed?
[Reference: PLT Rule 14(6)(b)]
A7-2 Recovery period is not provided.
Q7-3 Does your Office require a fee to be paid? If yes, please indicate the amount.
[Reference: PLT Article 13(4)]
A7-3 Not provided.
Q8: Request for Recordation of Change in Name or Address
Q8-1 Where a single request for recordation of change in name or address relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 15(3)(b)]
A8-1 Yes
Q9: Request for Recordation of Change in Applicant or Owner
Q9-1 Does your Office require the following elements to be contained in the request for recordation of change in applicant or owner?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest
[Reference: PLT Rule 16(1)(b)]
A9-1 - A statement that the information contained in the request is true and correct
Q9-2 Which documentation relating to the basis of the change is required by your Office under the following circumstances?
[Reference: PLT Rule 16(2)(a) to (c)]
A9-2 1) The change comes from the contract, for example, the contract of assignment, you must submit an application for amendment, a copy of the contract, payment for making the changes, if necessary, a copy of the certificate on state registration of legal persons.
2) The change comes from the merger or reorganization or division of a legal person, you must submit an application for modification, a new application for granting protection document with a new name of the applicant, document of legal continuity, a copy of the certificate on state registration of legal person, the payment for making the change.
3) Changes occur through any other grounds (e.t. by operation of the law or court decision), you must submit an application for modification, a document certifying the change on the basis of court decisions or for other reasons, a copy of the certificate on state registration of legal persons.
Q9-3 Where the change in applicant or owner is in the person of one or more but not all of several co-applicants or co-owners, does your Office require that evidence of the consent of the other co-applicants or co-owner to the change be provided to the Office?
[Reference: Rule 16(2)(d)]
A9-3 Yes
Q9-4 Where a single request for recordation of change in applicant or owner relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 16(5)]
A9-4 Yes
Q10: Request for Recordation of a License or a Security Interest
Q10-1 May a license or a security interest in respect of a patent application or a patent be recorded under the law of your country?
[Reference: PLT Rule 17(1)]
A10-1 A license agreement with respect to claims is not allowed.
Patent registration is provided a license agreement.
If one or both of the answers is(are) “Yes”, please ploceed to Q10-2. If both answers are “No”, please skip to Q11.
Q10-2 Does your Office require the following elements to be contained in the request for recordation of a licence (or a security interest)?
(a) A statement that the information contained in the request is true and correct
(b) Information relating to any government interest by your country
(c) Information relating to the registration of the license (security interest)
(d) The date of the license (security interest) and its duration
[Reference: PLT Rule 17(1)(b)]
A10-2 - A statement that the information contained in the request is true and correct
- Information relating to the registration of the license (security interest)
- The date of the license (security interest) and its duration
Q10-3 Which documentation relating to the basis of the license (or security interest) is required by your Office under the following circumstances?
[Reference: PLT Rule 17(2)]
A10-3 1) When entering into a license agreement national applicants provide a solution of controls of licensor (sub-licensor) (of General Meeting of the founders or shareholders) on the contract and providing the authority to sign it by his head of teh authority of implementation of licensor (sub-licensee) in the case when applications are filedl by legal person.
2) In the case of a compulsory license in addition to the solution of controls of licensor (sub-licensor) (General Meeting of the founders or shareholders) on the contract and providing the authority to sign it by his head of the licensor (sub-licensee) in the case when application is filed by legal person, providing of court decision on granting compulsory licenses.
Q10-4 Where the licence (or security interest) is a freely concluded agreement, does your Office require that any applicant, owner, exclusive licensee, co-applicant, co-owner or co-exclusive licensee who is not party to that agreement give his/her consent to the recordation of the agreement?
[Reference: Rule 17(2)(d)]
A10-4 Yes
Q10-5 Where a single request for recordation of a license (or security interest) relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 17(5)]
A10-5 Yes
Q11: Request for Correction of a Mistake
Q11-1 Does your Office prescribe the following requirements with respect to a request for correction of a mistake?
(a) The request shall be accompanied by a replacement part or a part incorporating the correction
(b) The request shall be subject to a declaration by the requesting party stating that the mistake was made in good faith
(c) The request shall be subject to a declaration by the requesting party stating that such request was made without undue delay following the discovery of the mistake
(d) The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
[Reference: PLT Rule 18(1)(b) to (d)]
A11-1 - The request shall be subject to a declaration by the requesting party stating that such request was made without intentional delay following the discovery of the mistake
Q11-2 Where a single request for the correction of a mistake relating to more than one application or patent of the same person is filed, does your Office require that a separate copy of the single request be filed for each application and/or patent?
[Reference: PLT Rule 18(3)]
A11-2 Yes
[End of questionnaire]
November 2011