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Applying for a patent
What are the criteria for patentability in your jurisdiction?
The criteria for patentability in Kazakhstan are novelty, inventive step and industrial applicability.
What are the limits on patentability?
The following will not be recognised as patentable inventions:
- discoveries, scientific theories and mathematical methods;
- methods of organisation and economical management;
- symbols, schedules and rules;
- rules and methods for performing mental activities and playing games;
- computer software and algorithms;
- projects and plans for structures, buildings and territories;
- solutions relating solely to the outward appearance of an object; and
- solutions that are contrary to the public interest or the principles of humanity or morality.
To what extent can inventions covering software be patented?
Inventions relating to software are non-patentable per se. They are protected by copyright. That said, a computer program may be patentable if:
- it is described as a set of actions executed by a computer while implementing a program;
- the actions in the claim are carried out using material means and for the purpose of obtaining a specific technical result; or
- the independent claim of the application is not for software per se, but rather for the relevant method or system.
To what extent can inventions covering business methods be patented?
Inventions relating to business methods are not patentable. They are protected by know-how. Nevertheless, similar to software, a business method may be patented if:
- it can be described as a set of actions executed using specific material means and for the purpose of obtaining a specific technical result; or
- the independent claim of the application is not for a business method per se, but rather for technical means or a way of using technical means during execution of the method.
To what extent can inventions relating to stem cells be patented?
An invention is considered a technical solution if it relates to:
- a product (eg, a device, substance, micro-organism strain or culture of plant or animal cells);
- a method (eg, the process of affecting a material object using material resources);
- the application of a known product or process with a new purpose; or
- the use of a new product for a particular purpose.
Thus, inventions relating to stem cells are patentable, except where the invention is contrary to the principles of humanity or morality (eg, inventions that use human embryos).
Are there restrictions on any other kinds of invention?
Patents will not be granted for:
- inventions whose subject matter is contrary to public order or morality; and
- plant and animal varieties and biological processes for the production of plants or animals.