Transition of PCT Applications to the National Phase in Kazakhstan

The transition of an international application under the PCT (Patent Cooperation Treaty) to the national phase in Kazakhstan is carried out through Kazpatent (the National Institute of Intellectual Property of the Republic of Kazakhstan).

Key Deadlines

The application must be filed within 31 months from the priority date (or the international filing date, if no priority is claimed).

If the deadline is missed, it may be restored if there are valid reasons (no later than 12 months after the expiration of the main period).

Stages of the National Phase Entry Procedure

1. Filing an Application with Kazpatent

To enter the national phase, the applicant submits a request for examination of the application in Kazakhstan.

2. Submission of Required Documents

• Translation of the international application (description, claims, abstract, and drawings) into the Kazakh or Russian languages.
• Copy of the PCT international application (if not published by WIPO).
• Document confirming payment of patent fees.
• Power of Attorney, if the application is filed through a representative.

3. Formal Examination (2 months)

Kazpatent checks the correctness of the application’s formal requirements, the completeness of the documents, and compliance with deadlines.

4. Substantive Examination (up to 9 months)

A technical analysis of the application is conducted, checking for novelty, inventive step, and industrial applicability.

Requests for additional explanations or corrections may be made.

If the decision is positive, the application proceeds to registration.

5. Registration and Grant of Patent

Upon successful completion of the examination, the applicant pays the fee for patent registration and publication of information. After this, Kazpatent issues the patent, granting legal protection in Kazakhstan.

Conclusion

Transition of an PCT application to the national phase in Kazakhstan requires timely submission of documents, accurate translation of the application, and successful completion of examinations. To simplify the process, it’s recommended to use the services of a patent attorney.