PCT National Phase Entry in Kazakhstan

Quick facts about PCT National Phase Entry in Kazakhstan

The core filing requirements, deadlines and procedural points for continuing a PCT application in Kazakhstan are summarized below.

Kazakhstan national phase or Eurasian regional phase?

Kazakhstan can be covered through a national filing before Qazpatent or through a regional filing before the Eurasian Patent Office (EAPO). The appropriate route depends mainly on the countries in which protection is needed, the desired prosecution strategy and the expected lifetime cost of the portfolio.

Strategic point: The least expensive filing route at entry is not always the least expensive route over the full patent term. Patentica can prepare a case-specific comparison using the desired countries, claim structure, translation needs and maintenance horizon.

Patentability requirements for inventions in Kazakhstan

A Kazakhstan patent for an invention may be granted for a technical solution relating to a product, a process, the use of a known product or process for a new purpose, or a new product for a specific purpose, provided that the invention meets the statutory patentability criteria:

• Novelty – the invention must not form part of the prior art before the relevant date.
• Inventive step – the claimed solution must not be obvious to a person skilled in the art.
• Industrial applicability – the invention must be capable of being made or used in practice.

Kazakhstan law excludes certain subject matter from treatment as an invention, including business or economic management methods, rules and methods for mental acts or games, computer programs and algorithms as such, and proposals relating only to product appearance. Patentability should therefore be assessed by reference to the claimed technical features and technical effect, especially for software-related inventions.

PCT examination reports: A favorable International Preliminary Report on Patentability can be useful evidence and may streamline strategy, but Qazpatent applies Kazakhstan law and conducts its own substantive examination.

How Patentica handles PCT national phase entry in Kazakhstan?

Patentica manages the national-phase procedure as a complete prosecution workflow, with clear reporting to the applicant or instructing foreign associate.

1. Initial review of the PCT application for the document and cost issues

We verify the earliest priority date, calculate the 31-month deadline, review the international publication and bibliographic data, identify Article 19 or Article 34 amendments, check applicant changes and flag any missing documents or priority-assignment issues.

We also review the number and structure of the claims, discuss whether voluntary amendments should be filed on entry, assess the likely official fees and advise whether the Kazakhstan national route or an EAPO regional route better matches the intended territorial coverage.

2. National-phase filing before Qazpatent

Our Kazakhstan patent attorney prepares and files the national-phase documents, arranges the filing and formal-examination fee, and provides a filing report with the application details and next procedural steps.

3. Russian or Kazakh patent translation

Patentica coordinates a legally and technically accurate translation of the request, description, claims, abstract and text in the drawings. Amendments are translated in the form required for the applicable PCT route. Terminology is checked for consistency because translation errors can affect claim interpretation and prosecution.

4. Formal examination support at the Qazpatent

Qazpatent checks whether the required documents are present and compliant. If the Office requests corrected or missing documents, we review the request, prepare the response and monitor the applicable deadline.

5. Substantive examination & Qazpatent Office Actions

After the formal stage, substantive examination considers eligible subject matter, unity, the relevant prior art and compliance with novelty, inventive step and industrial applicability. We report Office Actions in English, provide legal and technical analysis, prepare amendments and file responses in accordance with the client’s instructions.

6. Kazakhstan Patent Grant Stage & Issuance Support

Following a positive examination result and the decision to grant, we verify the allowed claims and bibliographic data, arrange the prescribed grant and publication payments, and report registration and issuance.

7. Kazakhstan patent maintenance & Annuity Management

We docket annual fees, provide advance reminders, arrange payments on instruction and report the updated status of the Kazakhstan patent.

Documents and information required

The exact filing package depends on the international application and any changes made during the PCT phase. In most cases, please provide:

• PCT application number;
• Names and addresses of applicant(s) and inventor(s) (unless the application is published);
• Description, claims, abstract, and drawings (unless the application is published);
• Power of Attorney executed by the applicant;
• Amendments under PCT Article 19 or Article 34 and any statement accompanying them;
• Amendments to be made during the national phase entry in Kazakhstan.

If any of your formal documents are incomplete or require specific corrections, you do not need to delay your submission. Patentica’s team will assist you in drafting proper assignments, formatting templates, and organizing materials to ensure full compliance with Qazpatent formal requirements while completely protecting your priority date.

Kazakhstan national-phase translation requirements

The international application must be translated into either Kazakh or Russian. For entry under PCT Article 22, the required translation covers the request, description, claims, any text in the drawings and the abstract. If the claims were amended under PCT Article 19, the amended claims and the related statement must be handled in accordance with the national requirements.

For entry under PCT Article 39, the translation covers the request, description, claims, text in the drawings and abstract, taking account of amendments contained in the annexes to the international preliminary examination report.

The translation may be submitted within two months after expiry of the 31-month national-phase deadline. This translation period may be extended by no more than two additional months upon payment of the prescribed additional fees. Because an inaccurate translation may affect the wording and interpretation of the claims, Patentica uses patent translators having technical background in the field of the invention along with further attorney review.

Key Deadlines for PCT National Phase Entry in Kazakhstan

Official Qazpatent fees and cost factors

The official fees below are the amounts published by Qazpatent for invention applications as of July 2026. They are stated in Kazakhstan tenge and include VAT. Eligibility for the small and medium-sized business rate should be confirmed for the particular applicant. Official fees can change, so Patentica confirms the current amount before filing.

The substantive-examination fee is reduced by 20% where an international search report or an international preliminary examination report has been established. The exact fee and reduction should be confirmed at the time of filing.

The total cost of Kazakhstan national-phase entry also depends on the length and language of the application, the technical field, the number of independent claims, amendments requested on entry, the urgency of translation, professional fees, responses to Office Actions, grant fees and future annual fees.

Patentica’s quote separates official fees, translation charges and professional fees.

Accelerated patent examination in Kazakhstan

Kazakhstan provides an accelerated examination route for inventions in designated fields. According to Qazpatent, an eligible application may be examined within six months when the request is filed with the application and the prescribed fees are paid.

The designated fields include:

• renewable energy technologies aimed at reducing pollutant emissions and producing electrical or heat energy;
• information and communication technologies;
• diagnosis, prevention and treatment of infectious diseases subject to restrictive measures, including quarantine; and
• oncology-related inventions.

The published accelerated process includes formal examination within ten working days, an information search within two months and substantive examination within three months. The calculation is suspended while Qazpatent waits for necessary documents, responses or payment. Eligibility and the filing mechanics should be checked before the national-phase submission.

Emergency PCT filing and missed deadlines

If the 31-month deadline is close, contact Patentica immediately with the PCT application number and priority details. The translation can normally follow within the separate two-month translation period, which may preserve valuable preparation time. The filing strategy must still account for the national-phase act itself, appointment of the Kazakhstan patent attorney and fee deadlines.

If the 31-month deadline has already passed, reinstatement may be available under PCT Rule 49.6. The WIPO Kazakhstan fee annex lists a reinstatement fee for a request made within 12 months from expiry of the missed time limit. Reinstatement is not automatic: the facts, applicable standard, evidence and procedural history must be assessed promptly by a Kazakhstan patent attorney.

Patent grant and maintenance in Kazakhstan

A Kazakhstan invention patent is granted after formal and substantive examination. Following a positive conclusion and the decision to grant, the prescribed registration, publication and issuance payments must be completed. Qazpatent then records the patent in the State Register and publishes the grant information.

The patent term is 20 years from the filing date, which for a PCT national-phase case is the international filing date, subject to annual maintenance fees. For inventions relating to certain medicinal products or pesticides that require regulatory authorization, an extension of up to five years may be available under the statutory conditions.

The first annual-fee payment is due within two months from publication of the grant and includes the prior patent years counted from the filing date. Later annual fees must be paid for each subsequent year. A six-month grace period is available with a 50% surcharge. A patent that lapses for non-payment may, subject to the statutory requirements, be restored within three years from expiry of the missed annuity deadline.

Why choose Patentica for Kazakhstan PCT entry?

Patentica has 29 years of experience supporting international IP matters. We regularly represent applicants before the Qazpatent and understand the practical expectations of foreign associates, in-house IP teams and applicants entering the Kazakhstan national phase:

• one team for deadline review, translation, filing and prosecution;
• accurate technical translation coordinated across more than 50 technology fields;
• clear quotes separating official fees, translation costs and professional fees;
• claim and fee review before filing, including comparison with the EAPO route where relevant;
• Office Action analysis and response drafting aligned with the applicant’s commercial objectives;
• grant-stage checks, annuity reminders and portfolio monitoring; and
• regular reporting tailored to the client requirements.