National Institute of Intellectual Property
Kazakh applicants can obtain protection for their invention in most CIS countries by submitting a Eurasian application for the Eurasian patent, which is valid on territory of 8 CIS countries - Armenia, Azerbaijan, Belarus, Kyrgyzstan, Kazakhstan, the Russian Federation, Tajikistan and Turkmenistan. The regional patent thus granted is valid for 20 years from the date of application.
In accordance with paragraph 7 of the Rules for Consideration of Application for Industrial Property Object under the Patent Cooperation Treaty and the Eurasian Patent Convention, Annex 1 to the Order of the Minister of Justice of the Republic of Kazakhstan of 29 August 2018 1350, RSE «National Institute of Intellectual Property» MJ RK (NIIP) performs functions related to the receipt, verification and forwarding of Eurasian application to Eurasian patent office of Eurasian patent organization (Eurasian Patent Office).
The Eurasian application shall be submitted to INRES in duplicate pursuant to Rule 29 of the Patent Instructions for the Eurasian Patent Convention (Patent Instruction) Application Form for the grant of a Eurasian patent on an invention
NIIP checks the Eurasian application for compliance with the requirements of Rules 33 and 34 of the Regulation.
On the basis of a Eurasian application that has been verified with a positive result,NIIP sets the date of its submission and carries out the forwarding to the Eurasian agency.
Each Eurasian application shall be accompanied by a fee for processing, checking and forwarding of the Eurasian application (Rule 34(3) of the Instructions).
Information for Eurasian application
The amendments to the Eurasian Patent Organization Tariff Regulations, according to which applicants, patent owners, and the entities transferring the right to the Eurasian application and Eurasian patent mentioned in rules 7, 13(5), 13(9) have been implemented as of 1 January 2019 The fee for a patent instruction that provides a preferential tariff in accordance with rule 40(4) of the Patent Instruction shall be as follows:
(i) Natural persons from Contracting States - 10 per cent of the duties set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Eurasian Patent Organization Duty Regulations;
(ii) State scientific and educational organizations from the Contracting States - 30 percent of the amount of fees set in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Eurasian Patent Organization Tariff Regulations;
(iii) legal entities from Contracting States (other than the persons specified in subparagraph (ii) of this sub-paragraph) - 90% of the duty levels set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Eurasian Patent Organization Tariff Regulations;
(iv) Individuals from States not party to the Convention - 50% of the fees set out in paragraphs 2, 4, 5, 6, 7(1), 7(3), 8 and 11 of the Eurasian Patent Organization Fee Regulations.
