Filing a patent in Kazakhstan is not complicated, but it is unforgiving about deadlines, language and representation. Foreign applicants must file through a local patent attorney, translate documents into Kazakh or Russian, and choose early between a national patent, a Eurasian patent and a utility model, because each route has different cost, speed and scope.
This guide walks through the process in order: what you can protect, which route to choose, each procedural step with its deadline, what it costs and how long it takes, and the strategic points that experienced applicants watch.
Key takeaways
- The patent office is the National Institute of Intellectual Property (NIIP), known as Kazpatent or Qazpatent, which operates under the Ministry of Justice.
- Foreign applicants must use a registered Kazakhstan patent attorney. Documents must be in Kazakh or Russian, though a translation can follow the initial filing.
- Three main routes exist: a national invention patent, a national utility model (shorter term, no substantive examination) and a Eurasian patent covering eight countries, including Kazakhstan.
- The PCT national phase deadline is 31 months from the earliest priority date, with a short reinstatement window. Direct filings claiming Paris Convention priority must be made within 12 months.
- An invention patent lasts 20 years from filing. A utility model lasts 5 years, extendable by 3. Certain medicines and agrochemicals can qualify for up to 5 years’ extra term.
- Substantive examination is a separate step you must request, within three months of a positive formal examination. Overall prosecution commonly takes from about two to four or more years, depending on the case.
- Software and business methods are the hard cases. Computer programs and algorithms “as such” are excluded, so claims must be framed around technical means and effect.
What you can protect, and what you cannot
Inventions
A product, a process or a new use of a known product or process can be protected as an invention if it is novel, involves an inventive step and is industrially applicable.
Utility models
A utility model gives faster, cheaper protection with a formal check only. It is registered after formal examination, without a substantive review of novelty or inventive step.
What is excluded
Kazakhstan’s Law on Patents (Article 6(3)) lists subject matter that is not recognised as an invention, including discoveries, scientific theories and mathematical methods, business organisation and management methods, rules for games and mental acts, computer programs and algorithms as such, and proposals relating only to appearance. In practice, patent attorneys advise that computer-implemented inventions have better prospects where the claims show technical means and a measurable technical result. We discuss this in more detail in our blockchain IP article.
Novelty and grace periods
Kazakhstan checks absolute novelty, meaning a public disclosure anywhere in the world before the filing or priority date can defeat novelty. Some practitioner sources report a six-month grace period for certain disclosures made by the inventor or applicant. Do not plan around it. The safe rule is to file before any publication, sale, demonstration or conference talk.
Choosing your route
| Route | Territory | Protects | Examination | Term | Language | Typical fit |
| National invention patent (direct filing) | Kazakhstan | Inventions | Formal and substantive | 20 years from filing | Kazakh or Russian | Kazakhstan-focused portfolio; strong, examined right |
| National phase of a PCT application | Kazakhstan | Inventions (or utility model) | Formal and substantive | 20 years from the international filing date | Kazakh or Russian translation | Applicants already using the PCT |
| National utility model | Kazakhstan | Mainly technical devices and structures (confirm scope for your case) | Formal only | 5 years, extendable by 3 | Kazakh or Russian | Speed, lower cost, early enforcement |
| Eurasian patent (EAPO) | Eight states: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan | Inventions only | Eurasian examination | 20 years | Russian | Regional coverage through one application |
How to decide:
- Do you need only Kazakhstan, or several Eurasian countries? A single-country strategy favours a national filing. Multi-country needs favour a Eurasian application, which validates in selected states after grant.
- How fast do you need an enforceable right? A utility model can be granted in around a year on practitioner estimates, against several years for an invention patent.
- How strong does the right need to be? Utility models are not substantively examined, so they are easier to attack later. Invention patents carry more weight in licensing and enforcement.
- What does the total lifetime cost look like? The cheapest route at filing is not always cheapest over 20 years once annual fees, translations and multiple national validations are added. Ask for a comparison covering at least the first 10 years.
- Are there practical constraints on the Eurasian route? The Eurasian system works in Russian and is administered from Moscow. Some applicants prefer national filings in particular countries for reasons of payment channels, sanctions compliance or portfolio strategy. Take advice on this before choosing the regional route.
A useful tactic reported by practitioners is to convert a pending application between an invention and a utility model before grant, while keeping the original filing date.
The national procedure, step by step
| Step | What happens | Timing and deadline |
| 1. Preparation | Prior-art search, drafting of description, claims, abstract and drawings; decide the route; collect applicant and inventor details | Before any public disclosure |
| 2. Appoint a Kazakhstan patent attorney | Foreign applicants must be represented by a registered local attorney; a power of attorney is required | At filing, or within about two months for PCT entries |
| 3. Filing | Request for a patent, description, claims, abstract, drawings, applicant documents and fee payment. Materials may be filed in another language if a Kazakh or Russian translation follows | Translation within two months of filing for a direct application; priority claim in the request or within two months |
| 4. Formal (preliminary) examination | The office checks that documents, fees and format comply and that the subject matter can be an invention | Sources report anywhere from about one or two months to four to six months, depending on workload |
| 5. Request for substantive examination | You must request it and pay the fee after a positive formal result | Within three months of notification of the formal examination result; restoration possible for a limited period |
| 6. Substantive examination | Examination of novelty, inventive step, industrial applicability and unity; the examiner may issue Office Actions and you respond | Commonly cited at around two years, with sources ranging from roughly 7 months to the first action up to a year or more overall |
| 7. Decision to grant | If the claims are allowable, the office issues a decision to grant | After examination concludes |
| 8. Grant fees | Registration and publication fees, plus the first annual fees | Within about three months of the decision; first annuities with those fees or within two months of publication |
| 9. Publication and patent issue | The patent is entered in the State Register and published | After payment |
| 10. Maintenance | Annual fees each year to keep the patent in force | Each year; a six-month grace period at a 50 percent surcharge is reported, with restoration possible within three years after lapse in limited cases |
What you need on filing day
- Applicant’s full name, legal form and address; a copy of the registration certificate for companies
- Inventor details
- Description, claims, abstract and drawings, prepared to office format
- Power of attorney for your Kazakh patent attorney
- Priority document details, if claiming priority
- Proof of payment of the filing and formal examination fee
A small but common trap: drawings must be black line drawings. Colour or shaded drawings are not accepted, so check figures before they are filed.
The PCT national phase in Kazakhstan
Many foreign applicants enter Kazakhstan through the PCT. The key rules, based on the WIPO PCT Applicant’s Guide for Kazakhstan (valid from 15 May 2026), are:
- Deadline: 31 months from the earliest priority date, under both Article 22 and Article 39. Reinstatement is possible within two months of a missed deadline, on request and payment of a fee.
- Translation: into Kazakh or Russian. It can be furnished within two months after the 31-month period, with a limited further extension on payment of extra fees.
- Representation: applicants residing abroad must appoint a registered Kazakhstan patent attorney.
- Fees: the filing and formal examination fee is due at entry or within a short period after, with an extension available against a surcharge.
- Amendments: voluntary amendments within two months of entry are reported to carry no official amendment fee, provided they do not add subject matter beyond the original disclosure.
- Utility model option: you can enter as a utility model instead of an invention.
- Term: 20 years from the international filing date.
- Examination: a Kazakh substantive examination is still carried out. A favourable international report is useful, but it does not bind the office.
Using a PCT application also opens the Eurasian regional phase, with the same 31-month deadline.
Utility models: speed with trade-offs
- No substantive examination. Registration depends on formal requirements and on the subject matter being eligible, so grant can come in around a year.
- Term of 5 years, extendable by 3 on payment of fees, so up to 8 years in total.
- Weaker presumption of validity. Because novelty and inventive step have not been examined, a utility model is easier to challenge. Treat it as a tactical right for early protection or for devices with short product cycles.
- Not available in the Eurasian system.
- Subject matter: practitioner sources differ on how broadly utility models can cover non-device subject matter, so confirm eligibility before choosing this route for a process or composition.
- Conversion: a pending application can reportedly be converted between an invention and a utility model before grant, retaining the filing date.
Accelerated examination
Kazakhstan offers accelerated examination for inventions in designated fields. Practitioner summaries of the office’s rules describe the fields as renewable energy technologies, information and communication technologies, and certain medical areas such as infectious disease and oncology. The request and the fee must be submitted when the application is filed. The published timetable is formal examination in about ten working days, a search within two months and substantive examination within three months, with the clock paused while the office waits for responses or payments. Check eligibility and the current field list before relying on it. For blockchain and software-related hardware inventions, the ICT category may be relevant.
Timeline and cost
How long it takes
| Stage | Reported range |
| Formal examination | About 1 to 6 months (sources differ) |
| Substantive examination | Often cited as around 2 years; some office-based statistics report first actions in 7 to 12 months |
| Overall, invention patent | Commonly 2 to 4 years, with ranges of 1.5 to 5 years quoted |
| Utility model | Around 1 year, with formal examination in 2 to 3 months |
| Accelerated examination (eligible fields) | Targeted at about 6 months |
Treat these as planning ranges. Office Action rounds and applicant response time can extend them considerably.
Official fees
Official fees are set by the office and differ for legal entities, small and medium-sized businesses and individuals. As reported from the office’s tariff published for 2026 (including VAT, at the legal entity rate), the main invention fees are in this order of magnitude: filing and formal examination about KZT 21,000; substantive examination about KZT 69,000; each independent claim beyond the first about KZT 55,000; grant registration and publication about KZT 34,000. A reduction of the substantive examination fee is reported where an international search or preliminary examination report exists. Use these as indications only, and obtain a current quote because tariffs are revised periodically.
What drives the total cost
- Translation of the description and claims, which usually exceeds official fees for long technical applications
- Number of independent claims
- Attorney fees for filing, Office Actions and amendments
- Annual fees across 20 years
- Route choice: national versus Eurasian, and how many countries you validate in
Strategy points for foreign applicants
File before you publish. This is the single most expensive mistake in practice, particularly for startups that publish code, whitepapers or conference abstracts.
Use the priority year. If you file first elsewhere, you have 12 months to claim Paris Convention priority in Kazakhstan. Prepare the translation and claims in advance, because rushing near the deadline causes errors.
Treat the translation as part of the patent. The Kazakh or Russian text is what is examined, and amendments cannot add matter beyond the original disclosure. Use a translator with technical expertise and have the claims reviewed by someone who understands the invention.
Plan the claim set around fees and strategy. Independent claims beyond the first carry extra official fees, so avoid padding.
Think about pharma and agrochemicals. Inventions relating to medicines or pesticides that need regulatory approval can qualify for up to five years of additional term, subject to the statutory conditions.
Combine routes where it helps. Some practitioners suggest using a Kazakhstan filing for a fast, inexpensive priority date and then deciding on regional or other filings, depending on the commercial picture.
For Indian applicants: if the invention was made in India, check Section 39 of the Indian Patents Act before filing abroad. Residents of India generally need to file in India first, or obtain written permission, before applying for a patent outside India, and the permitted waiting period is short. Missing this can create validity and penalty risk. Plan the Indian and Kazakh filings together.
For software and blockchain inventions: frame claims around technical means and effects, such as security, latency or hardware interaction, rather than business logic. See our blockchain IP article for examples of what tends to work.
After grant
- Pay annual fees on time. Missing a payment can lead to lapse. Docket every date centrally.
- Record assignments and licences with the office so that they can be relied on against third parties, and keep copies of the signed agreements.
- Monitor competitors and the register, and be ready to enforce. Patent infringement disputes are brought before the courts, and evidence such as test purchases, expert reports and technical analyses is central. Take advice on remedies and timelines before sending demand letters.
A deadline planner for PCT applicants
| When | Action |
| Month 12 after priority | Decide on PCT, Eurasian and direct national routes; for Kazakh direct filings, this is the Paris priority deadline |
| Months 24–28 | Review the international search report; decide whether Kazakhstan is commercially important; instruct local attorney; start translation |
| Month 31 | National phase entry deadline in Kazakhstan (and Eurasian regional phase). Reinstatement may be possible for two months, but treat it as a last resort |
| Within 2 months after entry | Translation (if not filed earlier), power of attorney, any special national requirements, voluntary amendments without amendment fee |
| Within 3 months of formal examination result | Request substantive examination and pay the fee |
| During examination | Respond to Office Actions within the stated periods |
| Within about 3 months of the grant decision | Pay grant and publication fees and first annuities |
| Every year | Pay annual fees |
Common mistakes we see
- Publishing or demonstrating the invention before filing.
- Missing the 31-month PCT deadline because the file sat with a former agent.
- Underestimating translation quality, and discovering narrow or unclear claims at examination.
- Forgetting to request substantive examination within the three-month window.
- Choosing a utility model without understanding its weaker status or eligibility.
- Padding independent claims, driving up fees for little benefit.
- Filing software-style claims without a technical effect.
- Not checking outbound filing rules at home, such as Section 39 in India.
- Filing colour drawings or other formal defects, causing avoidable delays.
- Letting annual fees lapse because no one owns the docket.
Frequently asked questions
Who grants patents in Kazakhstan? The National Institute of Intellectual Property (Kazpatent or Qazpatent), under the Ministry of Justice. A Eurasian patent is granted by the Eurasian Patent Office.
Do I need a local patent attorney? Yes. Applicants who reside outside Kazakhstan must be represented by a registered Kazakhstan patent attorney.
Can I file in English? You can reportedly file the initial materials in another language, but a Kazakh or Russian translation must follow within the stated period, and the translated text is the one examined.
How long does a Kazakh patent last? An invention patent lasts 20 years from the filing date, or from the international filing date for PCT cases. A utility model lasts 5 years and can be extended by 3. Some medicines and pesticides may qualify for up to 5 more years.
What is the deadline for PCT entry? 31 months from the earliest priority date, with a short reinstatement period on request and fee.
Can I patent software in Kazakhstan? Not software or algorithms as such. Technical solutions that use software to achieve a technical effect, linked to technical means, may be patentable.
Is a Eurasian patent better than a national patent? It depends. A Eurasian patent can cover eight countries through one application, but it works in Russian, covers inventions only and requires validation and fees in each chosen state. A national patent is more targeted and may offer additional options such as utility models.
How much does it cost? Official fees for an invention are modest compared with translation and professional costs, and total cost depends on length, number of independent claims, prosecution and 20 years of annuities. Get a written estimate that separates official fees, translation and attorney fees.
The Kazakh patent process is straightforward once you know the sequence, but outcomes depend on early decisions: file before disclosure, choose the right route, secure a high-quality translation, and keep a firm grip on deadlines. For applicants in technology fields, especially software-adjacent and blockchain-related inventions, careful claim drafting makes the difference between a patent that can be enforced and one that is refused.
Disclaimer: This article is for general information and does not constitute legal advice or create a lawyer-client relationship. Laws, tariffs and office practice change, and individual circumstances differ. Please obtain advice specific to your situation.
Sources and further reading
- WIPO, PCT Applicant’s Guide, Kazakhstan national phase (valid from 15 May 2026): pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=KZ&doc-lang=en
- WIPO, “Legislative Implementation of Flexibilities – Kazakhstan” (Article 6(3), Law on Patents): wipo.int/ip-development/en/agenda/flexibilities/details.jsp?id=8835
- Patentica, “PCT National Phase Entry in Kazakhstan” (reviewed July 2026; reproduces the office’s 2026 invention fees and accelerated examination rules): patentica.com/service/pct-national-phase-kazakhstan/
- Sojuzpatent, “Patent registration in Kazakhstan”: sojuzpatent.com/Invention-and-utility-model-registration/kazakhstan
- Mikhailyuk, Sorokolat & Partners, “Patent in Kazakhstan” and “Utility Model in Kazakhstan”: mspcorporate.com
- IP-Coster, “Patent in Kazakhstan” and “PCT national phase entry in Kazakhstan”: ip-coster.com/IPGuides
- VOLT IP, “Intellectual Property Registration in Kazakhstan”: voltip.info/en/Jurisdictions/IP-registration-in-Kazakhstan/
- Asia IP, “Main differences in the patent legislation of Russia and Kazakhstan”: asiaiplaw.com
- Astana Hub, “A patent that can’t be touched” (software patentability in Kazakhstan): astanahub.com
- Law on Patents of the Republic of Kazakhstan (No. 427-I of 16 July 1999, as amended); Patents Act, 1970 (India), Section 39
