Article 22. Examination of the patent application for the invention of the Patent Law of the Republic of Kazakhstan

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1. Upon an application received by an expert organization, the availability of the application documents provided for in subitems 1), 2) and 4) of the first part of paragraph 2 of Article 17 of this Law and compliance with the established requirements for them are checked, and the date of filing of the application is set. If the application does not meet the requirements of subitems 1), 2) and 4) of the first part of paragraph 2 of Article 17 of this Law and the requirements for these documents, the expert organization notifies the applicant about this and invites him to submit the missing and (or) corrected documents (information) within three months from the date of sending such notification. If the applicant fails to submit the requested and (or) corrected documents (information) within the prescribed period, the application is considered not submitted, and the applicant is notified accordingly.

1-1. After setting the date of filing an application for a patent for an invention, an expert organization conducts a formal examination on it.

During the formal examination, the availability of documents provided for in paragraph 2 of Article 17 of this Law and compliance with the established requirements for them, as well as the relationship of the claimed proposal to objects not recognized as inventions in accordance with paragraph 3 of Article 6 of this Law, are checked.

2. If additional materials are submitted by the applicant in accordance with Article 21 of this Law, during the examination it is checked whether they do not change the essence of the claimed invention.

Additional materials change the essence of the claimed invention if they contain features to be included in the claims and were absent from the original application materials. Additional materials in the part that changes the essence of the claimed invention are not taken into account when considering the application and may be filed by the applicant as an independent application, of which the applicant is notified.

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

If the applicant fails to submit the requested documents or a request for an extension of the deadline within the specified period, the application is considered withdrawn.

4. In the case of an application filed in violation of the requirement of unity of invention, the applicant is invited, within three months from the date of sending him the relevant notification, to inform which of the inventions should be considered, and, if necessary, to clarify the application documents. Other inventions included in the materials of the initial application may be issued in separate applications. The priority of the allocated applications is established in accordance with paragraph 5 of Article 20 of this Law.

If, within three months from the date of notification of a violation of the unity requirements, the applicant does not inform him which of the inventions needs to be considered and does not submit updated documents, the object indicated in the formula first, as well as other inventions related to the first, is reviewed to the extent that they satisfy the requirement of unity of invention.

5. After the completion of the formal examination, the applicant is notified of its result.

If, during the formal examination, it is established that the claimed proposal is one of the solutions that are not recognized as an invention in accordance with paragraph 3 of Article 6 of this Law, a decision is taken to refuse to grant a patent, and the applicant is notified within five working days.

6. (deleted - dated March 2, 2007, No. 237)

7. After completing the formal examination with a positive result, the expert organization conducts an examination of the application on its merits.

Substantive examination of an application includes establishing the possibility of classifying the claimed proposal as a technical solution protected as an invention in accordance with paragraph 2 of Article 6 of this Law, conducting an information search in relation to the claimed invention to determine the state of the art, verifying the compliance of the claimed object(s) with the requirement of unity of invention and the conditions of patentability established by Article 6 of this Law, and it is carried out subject to payment for the substantive examination of the application.

The substantive examination of the application is carried out on condition that a document confirming payment for the substantive examination of the application is submitted to the expert organization within three months from the date of notification of the result of the formal examination.

If the substantive examination is not paid, the application is considered withdrawn.

8. During the substantive examination of the application, the expert organization has the right to request additional materials from the applicant, without which the examination is impossible, including an amended claim.

Additional materials at the request of an expert organization must be submitted without changing the essence of the invention within three months from the date of sending the request or a copy of the materials opposed to the application, provided that these copies were requested by the applicant within two months from the date of sending the request to the expert organization.

The procedure established by paragraph 2 of this article applies to additional materials in the part that changes the essence of the invention. If the applicant fails to submit the requested materials or a request for an extension of the deadline within the prescribed period, the application is considered withdrawn.

9. If, as a result of the substantive examination of the application, the expert organization determines that the claimed proposal, in the scope of legal protection requested by the applicant, meets the conditions of patentability of the invention defined in Article 6 of this Law, a decision is made to grant a patent for the invention.

Within three months from the date of sending the notification to the applicant about the decision of the expert organization to grant a patent, the applicant submits to the expert organization a document confirming the corresponding payment for the preparation for the grant of a patent and publication. If the specified document is not submitted, the payment period may be restored within three months, provided that a document confirming payment for the restoration of the missed deadline is submitted. Otherwise, the application is considered withdrawn, the office work on the application is terminated, about which the applicant is notified within one month from the date of expiry of the restoration period.

10. If it is established that the claimed invention does not comply with the conditions of patentability of the invention in the scope of legal protection requested by the applicant, a decision is made to refuse to grant a patent for the invention.

The decision to refuse to grant a patent is made in the following cases::

1) if the application relates to objects that are not protected as inventions;

2) if the applicant does not modify the claims after notification that the proposed claim contains features missing from the original application materials, or, in addition to the object protected as an invention, also characterizes a proposal that does not relate to objects protected as an invention, or in respect of which consideration was not conducted in connection with violation of the requirement of unity of invention.

The applicant may file an objection to the decision to refuse to grant a patent to an expert organization with the authorized body within three months from the date of its submission. The objection must be considered by the Appeal Board within four months from the date of its receipt.

11. The applicant may apply for a patent for a utility model at any stage of the examination of the application prior to the issuance of the relevant expert opinion. In this case, the examination will be conducted in accordance with Article 23 of this Law.

12. The applicant can get acquainted with all the materials opposed by the examination. The expert organization sends copies of the materials requested by the applicant to him within one month from the date of receipt of the request.

13. The deadlines provided for in paragraphs 3, 4, 7, 8, and 10 of this article and missed by the applicant may be restored by an expert organization upon presentation of a document confirming payment for the restoration of the missed deadline.

An application for reinstatement of the deadline may be submitted by the applicant no later than twelve months from the date of expiry of the missed deadline. Such a request is submitted to the expert organization at the same time as the materials requested by the expert examination, payment documents, or with an objection to the appeals board.

The time limits for responding to a request or providing additional materials provided for in paragraphs 3 and 8 of this Article may be extended at the request of the applicant submitted before the expiration of the established period for up to six months from the date of expiration of the established period, subject to payment, and the time limits for filing objections provided for in paragraph 10 of this Article – for a period not exceeding more than three months from the expiration date.

13-1. At the request of the applicant, the examination of a patent application for an invention is carried out in an accelerated form if the claimed invention relates to objects for which favorable conditions for patenting are provided.

The expedited examination includes conducting within six months, subject to the applicant's compliance with the requirements specified in paragraphs 1, 1-1, 2, 3, 4, 5, 7 and 8 of this article:

1) formal examination;

2) information search;

3) substantive examination.

The list of objects for which favorable conditions for patenting are provided is determined by the authorized body.

14. If, upon examination of the application, it is established that it contains information constituting state secrets, the application is classified in accordance with the procedure established by the legislation of the Republic of Kazakhstan on state secrets.

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.

President

Republic of Kazakhstan

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