Article 23. Examination of an application for a patent for a utility model of the Patent Law of the Republic of Kazakhstan
1. According to the application received by the 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 18 of this Law is checked, and the application filing date is set. If the application does not meet the requirements of subitems 1), 2), 3) and 4) of the first part of paragraph 2 of Article 18 of this Law, the expert organization notifies the applicant about this and invites him to submit the missing documents (information) within three months from the date of sending such notification. If the applicant fails to submit the requested documents (information) within the prescribed period, the application is considered not submitted, and the applicant is notified accordingly.
During the examination, the availability of the necessary documents provided for in paragraph 2 of Article 18 of this Law and the fulfillment of the requirements established for them are checked, the priority date of the utility model is determined, the possibility of classifying the claimed proposal as objects protected as utility models is checked, and the unity of the utility model is checked.
Verification of compliance of the claimed utility model with the conditions of patentability established by paragraph 1 of Article 7 of this Law is not carried out. A patent is issued at the risk and responsibility of the applicant.
2. When conducting an examination of an application for a utility model, the provisions contained in paragraphs 2, 3, 4 and 13 of Article 22 of this Law shall apply accordingly.
If, as a result of the examination, it is established that the application relates to objects protected as utility models, and the documents comply with the established requirements, the expert organization decides to grant a patent for a utility model.
Within three months from the date of sending the notification to the applicant about the decision of the expert organization to grant the patent, the applicant submits to the expert organization a document confirming the corresponding payment for the preparation for the grant of the 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.
3. If, as a result of the examination, it is established that the application relates to objects not protected as utility models, a decision is made to refuse to grant a patent for a utility model. The decision to refuse to grant a patent is also made if the applicant does not change the formula of the utility model after notifying him that the formula proposed by him contains features that were not present in the original application materials, or, in addition to the object protected as a utility model, also characterizes a proposal that does not relate to the objects, protected as a utility model, or in respect of which consideration was not conducted due to violation of the requirement of unity of the utility model.
The applicant has the right to 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 sending. The objection must be considered by the Appeal Board within two months from the date of its receipt.
4. The applicant, at any stage of the examination of the application, as well as the patent holder and third parties, after the publication of information on the grant of a patent, may request an information search to determine the state of the art in comparison with which the patentability of a utility model can be assessed. In this case, the provisions of paragraph 11 of Article 22 of this Law shall apply accordingly.
The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
