National Institute of Intellectual Property
The Patent Cooperation Treaty (PCT) helps applicants to patent their inventions in many countries, assists patent offices in deciding whether to grant a patent, and facilitates public access to technical information relating to inventions. By filing a single PCT international application, an applicant can protect his or her invention in a large number of countries around the world.
The PCT Guidelines for Applicants are available here.
In accordance with paragraph 3 of the Rules for Examination of an Application for Industrial Property Subject Matter 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 No. 1350 dated August 29, 2018, RSE “National Institute of Intellectual Property” of the Ministry of Justice of the Republic of Kazakhstan (NIIP) performs the functions of the Receiving Office related to the receipt, verification and forwarding of the international application.
NIIS, as the competent receiving Office, accepts international applications in Russian or English. If the applicant, for the purposes of Article 15 of the Treaty, chooses the Federal State Institution “Federal Institute of Industrial Property of the Federal Service for Intellectual Property, Patents and Trademarks” (FIPS) as the International Searching Authority, the international application shall be filed in Russian, if the European Patent Office (EPO) is chosen, the international application shall be filed in English.
The international application is filed with the NIIP in one copy, which must be suitable for direct reproduction PCT Application Form of the international application.
NIPO examines the international application for compliance with the requirements of Article 11(1) and Article 14 of the PCT.
For an international application that has been examined with a positive result, NIPO fixes the international filing date and transmits it to the International Bureau of the World Intellectual Property Organization (WIPO).
The following fees must accompany each international application:
The fees are payable within one month from the date of receipt of the international application by the receiving Office.
If, on the date on which fees are due under Rules 14.1(c), 15.3 and 16.1(f), it is established that no fees have been paid by the applicant or that the amount paid by the applicant is insufficient to cover the transmittal fee, the international filing fee and the search fee, the applicant is invited to pay, within one month from the date of the invitation, the amount necessary to cover those fees together with the late payment fee.
Information on fees and details for payment when filing the PCT international application.
In the international phase, the international application is subject to the actions regulated by the PCT regulations, while in the national phase, the international application is subject to the actions provided for by the national law of the selected foreign country.
In order to obtain a patent, the applicant must, within the prescribed time limits (https://www.wipo.int/pct/ru/texts/time_limits.html), transfer his international application to the national phase, i.e. submit the required documents and pay the fees to the patent office of the country in whose territory he is interested in obtaining a protection document.
