The examination for patent clarity, which is most in demand in Kazakhstan, allows determining possibility of free use of an IP object commercialized in Kazakhstan. In other words, such examination helps to understand chances of use of IP object, its introduction into business turnover in a particular country.

Patent clarity is conditional, since patents are geographically bound and their validity term is limited, in general up to 20 years, with the possibility in some cases to renew the term of a patent for additional 5 years (for example, for pharmaceuticals and agrochemical products).

The depth of examination for patent clarity is about 20-25 years.

When conducting a search for patent clarity, the following types of services are performed:

• Determination of countries to be examined;
• Study of details and features of the patent legislation of the countries for which examination is carried out;
• Analysis of the object of examination and selection of technical solutions, design solutions and other elements to be reviewed for patent clarity;
• Search and selection of patents and other title documents of exclusive rights relating to the selected features of an object to be reviewed;
• Definition of classification headings for the selection of technical solutions and other elements to be reviewed;
• Detailed analysis of selected existing title documents based on a study of the claims and conclusions.

When conducting a search for patent clarity, the following types of work are performed:

• Determination of countries for which the examination will be carried out;
• Study of peculiarities of the patent legislation of the countries for which the examination is carried out;
• Analysis of the object of verification and highlighting technical solutions, artistic design solutions and other elements subject to examination for patent purity;
• Search and selection of patents and other protection documents of exclusive right related to the selected elements of the object, subject to examination;
• Determination of classification headings to highlight technical solutions and other elements to be examined;
• Detailed analysis of the selected valid protection documents based on the study of the claims and conclusions.

In this section, information concerning the section Examination for patent clarity is published.

• Digital Offprint: Manual Industrial Property (MIP) Kazakhstan (in cooperation with Arnold & Siedsma and Wolters Kluwer IP Law Firms)
• How to obtain patent in Kazakhstan

Yuri Bolotov

Managing Partner

Questions relating to the section Patents – Patent Clarity can be forwarded to e-mail address: info@bolotovIP.com marked for Yuri Bolotov.