What Can Be Patented in Kazakhstan: Inventions, Utility Models and Industrial Designs
02.11.2026
“I have an idea — how do I patent it?” This is the question lawyers hear most often. It is worth answering before you file: if your development does not meet the legal requirements, the money and time spent on the application are wasted. Below we explain what can be patented in Kazakhstan, on what conditions, what a patent does not protect, and how to protect what a patent cannot cover.
The 30-second summary
In Kazakhstan, three types of subject matter are protected by a patent: inventions, utility models and industrial designs. The first two are technical solutions (a device, a method, a substance); the third is the appearance of a product. The solution must be new as of the priority date, which is normally the filing date. You cannot patent a computer program “as such”, a business method, a scientific theory or a bare idea. If the development has already been shown in public, you have six months from the disclosure to file an application.
This is general information, not legal advice on your particular case. We checked the provisions against the Patent Law of the Republic of Kazakhstan as amended on 25 January 2026 and the Civil Code; links are at the end of the article.
What can be patented in Kazakhstan: three types of patent
Rights to inventions, utility models and industrial designs are protected by a patent (Civil Code, Art. 991(1)). Each type has its own conditions and term of protection.
Invention
An invention protects a technical solution in any field. Under Art. 6(2) of the Patent Law, it may be:
- a product: a device, a substance, a microorganism strain, a plant or animal cell culture;
- a method: a process of acting on a material object by material means;
- a use of a known product or method for a new purpose, or of a new product for a specific purpose.
An invention must meet three conditions: novelty, inventive step (the solution must not obviously follow from the prior art for a person skilled in the field) and industrial applicability (Art. 6(1)).
Utility model
A utility model protects the same kinds of technical solutions, except therapeutic and surgical methods of treating humans or animals (Art. 7(1)). Nor does it protect anything that is not recognised as an invention (Art. 7(3); see the section below). The requirements are lighter: only novelty and industrial applicability are needed, and the inventive step is not assessed. The trade-off is a shorter term of protection. This patent suits small technical improvements and products that will stay on the market for a few years.
An important caveat: the novelty and industrial applicability of a utility model are not checked during examination — the patent is granted at the applicant’s own risk and responsibility (Art. 23(1)). Such a patent is easier to obtain but also easier to challenge if the solution turns out not to be new. Patents for inventions and industrial designs are granted only after a substantive examination (Art. 5(2), Art. 24). That is why a patent search before filing is especially important for a utility model.
Industrial design
An industrial design protects appearance rather than technology: the artistic and engineering solution of an industrially or handicraft-made product that determines its appearance (Art. 8(1)). This is how you can protect the shape of a bottle, packaging, furniture or a lamp. The conditions are novelty and originality, meaning the creative character of the product’s features.
The following are not industrial designs (Art. 8(2)):
- solutions dictated solely by the technical function of the product;
- architectural objects (except small architectural forms), industrial, hydraulic and other stationary structures;
- objects of unstable shape made of liquid, gaseous, free-flowing or similar substances;
- products contrary to the public interest or to the principles of humanity and morality.
Conditions and terms: the three types of patent compared
A good idea is not enough to obtain a patent: the solution must meet the legal conditions for its type.
| Invention | Utility model | Industrial design | |
|---|---|---|---|
| What it protects | A technical solution: a device, method, substance | A technical solution, except treatment methods and the subject matter of Art. 6(3) and 6(3-1) | The appearance of a product |
| Conditions | Novelty, inventive step, industrial applicability | Novelty, industrial applicability | Novelty, originality |
| Patent term | 20 years from the filing date | 5 years from the filing date | 10 years from the filing date |
| Extension | Only for medicines and pesticides whose use requires authorisation: on request, by no more than 5 years | By no more than 3 years | 5 years at a time, 25 years in total at most |
| Provision | Art. 6 and Art. 5(3) of the Patent Law | Art. 7 and Art. 5(3) | Art. 8 and Art. 5(3) |
The term runs from the filing date, not from the date the patent is granted (Civil Code, Art. 999(1)). If you are choosing between an invention and a utility model, decide by how many years the solution will stay relevant on the market and how much it differs from what is already known. If the difference is small, a utility model may be more realistic, since you do not have to prove an inventive step.
What cannot be patented in Kazakhstan
The Patent Law lists directly what is not recognised as an invention (Art. 6(3)):
- discoveries, scientific theories and mathematical methods;
- methods of organising and managing business;
- symbols, schedules, rules;
- rules and methods of performing mental acts and playing games;
- computer programs (software) and algorithms as such;
- designs and layouts of structures, buildings and territories;
- proposals concerning only the appearance of products;
- proposals contrary to public order or to the principles of humanity and morality.
In addition, no patents are granted for methods of cloning a human being and the clone itself, methods of modifying the genetic integrity of human germ line cells, or the use of human embryos for commercial, military and industrial purposes (Art. 6(3-1)). None of this is protected as a utility model either (Art. 7(3)).
How to protect what cannot be patented
If a development does not qualify for a patent, that does not mean it cannot be protected. Each subject matter has its own tool:
| What you want to protect | How to protect it |
|---|---|
| Software, an app, a database | Copyright (Law on Copyright and Related Rights), licence agreements |
| Business processes, client database, technological secrets (know-how) | A trade secret regime (Civil Code, Art. 126 and Art. 1017), non-disclosure agreements with employees and contractors |
| Product name, logo, slogan | A trademark |
| The appearance of a product or packaging | An industrial design |
Software that forms part of a technical solution — for example, software that controls a device — is a separate question. Such a case is assessed on the application as a whole, and there is no general answer: it is better to discuss it with a lawyer before filing. If the development was created by an employee or a contractor, check in advance who owns the rights — see our article on rights to work created by employees and freelancers.
Novelty, six months after disclosure, and priority
The novelty of an invention is assessed worldwide
A solution is new if it is not known from the prior art. For an invention, the prior art includes any information made publicly available anywhere in the world before the priority date, as well as applications filed in Kazakhstan (except withdrawn ones) and Kazakh patents for inventions and utility models with an earlier priority (Art. 6(1)). For a utility model the scope is narrower: publications anywhere in the world about means of the same purpose and their use in Kazakhstan (Art. 7(1)).
That is why, before filing, it is worth checking patent databases and open sources for similar solutions. This is a patent search: it does not guarantee a patent, but it helps you avoid filing for a solution that is already known.
Already disclosed your development? You have six months
If the information was disclosed by the author or the applicant, or by a person who obtained it from them — for example, the development was shown at an exhibition or published — this does not affect novelty, provided the application is filed within six months of the disclosure. The rule is the same for inventions (Art. 6(4)), utility models (Art. 7(2)) and industrial designs (Art. 8(3)).
The applicant has to prove the fact and the date of disclosure, so keep screenshots, exhibition programmes and dated publications. Better still, file before showing the development in public: in other countries this grace period may be stricter or may not exist at all.
When protection starts
Protection applies from the filing date, but rights can only be enforced once the patent is granted. If the patent is refused, protection is deemed never to have arisen (Civil Code, Art. 999(2)). Priority is established by the filing date (Art. 20(1) of the Patent Law), so the earlier you file, the better your chances of getting ahead of similar applications by competitors.
How much a patent costs in Kazakhstan
Official fees under the price list of the National Institute of Intellectual Property (Kazpatent) effective from 1 January 2026, including 16% VAT, in tenge (KZT):
| Subject matter | Small and medium-sized business | Legal entity | Individual |
|---|---|---|---|
| Utility model | 41,183.71 | 51,479.64 | 15,443.89 |
| Invention (1 independent claim) | 99,870.43 | 124,838.04 | 37,451.41 |
| Industrial design (1 variant) | 72,995.56 | 91,244.44 | 27,373.34 |
These amounts do not include:
- an information search for an invention or utility model — KZT 64,360 for all categories of applicants;
- a surcharge for each additional independent claim of an invention — about KZT 44,344 for small and medium-sized businesses;
- annual fees to maintain the patent in force;
- the services of a lawyer or patent attorney.
Fees change, so we confirm the current figures before filing. The current price list is on the Kazpatent website.
How KORGAN helps you obtain a patent
KORGAN Law Firm has been working across Kazakhstan since 2014 and supports businesses (LLPs, sole proprietors) on intellectual property matters. The owner of the firm provides overall management, and your application is handled by a team of lawyers:
- Consultation. We discuss what exactly you have developed, whether it has been shown in public and who the author is: you, an employee or a contractor. The first consultation is free.
- Choosing the type of protection. We advise what fits: an invention, a utility model, an industrial design or another form of protection.
- Patent search. We check novelty before filing so that you do not pay for an application with no chance.
- Preparing the application. We draft the description, claims and drawings so that protection covers exactly what you need: the scope of protection of an invention or utility model is defined by its claims, and that of an industrial design by the essential features shown in the images of the product (Art. 5(4) of the Patent Law).
- Filing and support. We file the application, respond to examiners’ requests, and keep track of deadlines and fees.
Want to check your development? We will assess free of charge what to protect and how.
Phone and WhatsApp: +7 700 500 05 53
Or message us on WhatsApp.
We checked the provisions against the Patent Law of the Republic of Kazakhstan and the Civil Code of the Republic of Kazakhstan — the Special Part (Articles 991, 999, 1017) and the General Part (Article 126). For an overview of all types of intellectual property, see our guide to IP in Kazakhstan.
Frequently asked questions
Can you patent an idea?
No. What is protected is a technical solution (a device, a method, a substance) or the appearance of a product as described in the application. An idea on its own, without a specific technical solution, is not protected, and no patent will be granted for it.
Can you patent software or an app?
Computer programs and algorithms “as such” are not recognised as inventions (Art. 6(3) of the Patent Law). Software is protected by copyright. If the software is part of a technical solution — for example, it controls a device — the case is assessed separately.
How is a utility model different from an invention?
A utility model does not require an inventive step: novelty and industrial applicability are enough, and they are not checked during examination. In return, a utility model patent lasts 5 years (extendable by no more than 3 years), while an invention patent lasts 20 years.
What if the development has already been shown in public?
File an application within six months of the disclosure, if the information was disclosed by the author, the applicant or a person who obtained it from them. The applicant has to prove the fact and the date of disclosure (Art. 6(4), Art. 7(2), Art. 8(3) of the Patent Law).
When does protection start?
From the filing date, but rights can only be enforced once the patent is granted. If the patent is refused, protection is deemed never to have arisen (Civil Code, Art. 999(2)).
How long does a patent last?
An invention — 20 years, a utility model — 5 years (extendable by up to 3 years), an industrial design — 10 years (extendable 5 years at a time, up to 25 in total). Terms run from the filing date (Art. 5(3) of the Patent Law, Art. 999 of the Civil Code). An invention patent can be extended, by no more than 5 years, only for medicines and pesticides whose use requires authorisation.
Can a granted patent be challenged?
Yes, throughout its entire term: if the subject matter does not meet the patentability conditions, the claims contain features that were not in the original application, the procedure for patenting abroad was breached, or the author or patent holder is stated incorrectly (Art. 29 of the Patent Law). A patent is declared invalid by a court, and it is then cancelled as of the filing date (Art. 30).
How much does a patent cost in Kazakhstan?
Kazpatent’s official fees for small and medium-sized businesses are KZT 41,183.71 for a utility model, KZT 99,870.43 for an invention and KZT 72,995.56 for an industrial design (price list effective from 1 January 2026, including VAT). A patent search, maintenance fees and legal services are paid separately.