of September 30, 2026 No. 989
About modification and amendments in some orders of the Minister of Justice of the Republic of Kazakhstan in the field of intellectual property
I ORDER:
1. Approve the enclosed list of some orders of the Minister of Justice of the Republic of Kazakhstan to which changes and additions are made.
2. To provide to committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation of the Republic of Kazakhstan:
1) state registration of this order;
2) placement of this order on official Internet resource of the Ministry of Justice of the Republic of Kazakhstan after its official publication.
3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.
4. This order becomes effective after ten calendar days after day of its first official publication.
Minister of Justice of the Republic of Kazakhstan
E.Sarsembayev
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It is approved Ministry of artificial intelligence and digital development of the Republic of Kazakhstan |
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Approved by the order of the Minister of Justice of the Republic of Kazakhstan of September 30, 2026, No. 989
1. In the order of the Minister of Justice of the Republic of Kazakhstan of August 28, 2018 No. 1316 "About approval of Rules of carrying out certification of persons applying for occupation activities of the patent agent, registration in registers of patent agents and introduction of changes in them" (it is registered in the Register of state registration of regulatory legal acts No. 17322) to make the following changes and additions:
in Rules of carrying out certification of persons applying for occupation activities of the patent agent, registration in registers of patent agents and introduction of changes in them approved by the specified order:
state Item 6 in the following edition:
"6. The list of the main requirements to rendering the state service "Certification of Persons Applying for Occupation Activities of the Patent Agent" (further – the List) is provided according to appendix 4 to these rules.
In cases of detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service, the service provider adopts statements by means of the digital waiting list.
At the same time to uslugopoluchatel 6 (six) working days for elimination of the revealed shortcomings which does not join in the aggregate term of rendering the corresponding state service established by these rules and shall not exceed it are established.
In case of remedial action day of the initial address of uslugopoluchatel is considered day of reception of an application and (or) documents for receipt of the state service.
The current of term of rendering the state service renews from the moment of elimination of the revealed shortcomings.";
state Item 7 in the following edition:
"7. When giving by uslugopoluchatel of all necessary documents, stipulated in Item 5 these rules, to uslugopoluchatel information on the status on acceptance of request for provision of the state service goes to "personal account".
The service provider checks completeness and compliance of the submitted documents, stipulated in Item 5 these rules. In case of inadequate registration by uslugopoluchatel or representations of incomplete document package according to Item 5 of these rules, the service provider sends to uslugopoluchatel the notification with indication of what requirements there does not correspond the document package and the term of its reduction in compliance.
Reduction term in compliance of the documents specified in the notification constitutes one working day if within one working day from the date of receipt of the notification the uslugopoluchatel did not bring it into accord with requirements, then the service provider within 2 (two) working days directs refusal in further review of the statement.";
state Items 7-1, 7-2, 7-3 and 7-4 in the following edition:
"7-1. Suspension of term of rendering the state service begins from the date of the direction to uslugopoluchatel of the notification the service provider about suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.
7-2. The service provider stops process of rendering the state service in cases:
1) death of the citizen (including announcements dead);
2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;
3) impossibility of rendering the state service to permission of the questions considered by state bodies, court or in other procedure, stipulated by the legislation the Republic of Kazakhstan;
4) detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service.
In case of suspension of process of rendering the state service in the basis provided by the subitem 4) of this Item the documents submitted by uslugopoluchatel (including originals) are subject to return to uslugopoluchatel without their acceptance on storage by the service provider or souslugodatel, except as specified filing of application and (or) documents by means of the web portal of "the digital government", the stationary subscriber structure, the subscriber structure of cellular communication, and also other digital objects determined by the central state bodies.
Repeated submission of documents is performed the uslugopoluchately ambassador of elimination of the revealed shortcomings of suspension term limits.
7-3. Process of rendering the state service stops:
1) in the cases provided by the subitem 3) of Item 7-2 of these rules – before determination of line item by state body, the introduction in legal force of court resolution or the solution of question in other procedure, stipulated by the legislation the Republic of Kazakhstan;
2) in the cases provided by the subitem 4) of Item 7-2 of these rules – before elimination of the revealed defects within 6 (six) working days revealed by the service provider.
The suspension term provided by the subitem 3) of Item 7-2 of these rules shall not exceed aggregate term of rendering the corresponding state service, stipulated in Item 3 Lists of the main requirements to rendering the state service.
7-4. The service provider according to the petition of uslugopoluchatel or on the initiative has the right to suspend process of rendering the state service in cases:
1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;
2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service.";
state Item 18 in the following edition:
"18. At the choice of uslugopoluchatel the composite state service in total with the state service "Issue of the Certificate of the Patent Agent" based on the statement for the admission to certification of person applying for occupation activities of the patent agent and issue of the certificate of the patent agent for form according to appendices 5, 5-1 to these rules is rendered.";
add with Item 21-1 of the following content:
"21-1. In cases of detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service, the service provider adopts statements by means of the digital waiting list.
At the same time to uslugopoluchatel 3 (three) working days for elimination of the revealed shortcomings which does not join in the aggregate term of rendering the corresponding state service established by these rules and shall not exceed it are established.
In case of remedial action day of the initial address of uslugopoluchatel is considered day of reception of an application and (or) documents for receipt of the state service.
The current of term of rendering the state service renews from the moment of elimination of the revealed shortcomings.";
state Item 22 in the following edition:
"22. The authorized body in day of receipt of the statement performs its acceptance and registration.
In case of the address of uslugopoluchatel in two hours prior to the termination of the working day of the service provider, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", reception of applications and issue of results of rendering the state service is performed the next working afternoon.
If the application submitted by uslugopoluchatel does not correspond to form according to appendices 6, 6-1 to these rules, the service provider sends to uslugopoluchatel the notification with indication of what requirements there does not correspond the statement.
Reduction term in compliance of the statement constitutes one working day.
If within one working day from the date of receipt of the notification the uslugopoluchatel did not bring it into accord with requirements, then the service provider directs refusal in further review of the statement.
The service provider by results of consideration of the application draws up the certificate of the patent agent in form according to appendices 8, 8-1 to these rules and sends for approval to the head of the structural unit within one working day.";
state Items 22-1, 22-2, 22-3 and 22-4 in the following edition:
"22-1. Suspension of term of rendering the state service begins from the date of the direction to uslugopoluchatel of the notification the service provider about suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.
22-2. The service provider stops process of rendering the state service in cases:
1) death of the citizen (including announcements dead);
2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;
3) impossibility of rendering the state service to permission of the questions considered by state bodies, court or in other procedure, stipulated by the legislation the Republic of Kazakhstan;
4) detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service.
In case of suspension of process of rendering the state service in the basis provided by the subitem 4) of this Item the documents submitted by uslugopoluchatel (including originals) are subject to return to uslugopoluchatel without their acceptance on storage by the service provider or souslugodatel, except as specified filing of application and (or) documents by means of the web portal of "the digital government", the stationary subscriber structure, the subscriber structure of cellular communication, and also other digital objects determined by the central state bodies.
Repeated submission of documents is performed the uslugopoluchately ambassador of elimination of the revealed shortcomings of suspension term limits.
22-3. Process of rendering the state service stops:
1) in the cases provided by the subitem 3) of Item 22-2 of these rules – before determination of line item by state body, the introduction in legal force of court resolution or the solution of question in other procedure, stipulated by the legislation the Republic of Kazakhstan;
2) in the cases provided by the subitem 4) of Item 22-2 of these rules – before elimination of the revealed defects within 3 (three) working days revealed by the service provider.
The suspension term provided by the subitem 3) of Item 22-2 of these rules shall not exceed aggregate term of rendering the corresponding state service, stipulated in Item 3 Lists of the main requirements to rendering the state service.
22-4. The service provider according to the petition of uslugopoluchatel or on the initiative has the right to suspend process of rendering the state service in cases:
1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;
2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service.
The current of term of rendering the state service renews from the moment of elimination of the revealed shortcomings.";
be reworded as follows appendix 4 according to appendix 1 to this list;
be reworded as follows appendix 7 according to appendix 2 to this list.
2. In the order of the Minister of Justice of the Republic of Kazakhstan of August 29, 2018 No. 1340 "About approval of Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid, and also forms of certificates" (it is registered in the Register of state registration of regulatory legal acts No. 17414) to make the following changes and additions:
in Rules of registration of trademarks, geographical instructions and names of places of goods origin in the State register of trademarks, the State register of geographical instructions and the State register of names of places of goods origin and issue of security documents and their duplicates, cancellation of registration and recognition its invalid, and also forms of the certificates approved by the specified order:
add with Item 13-1 of the following content:
"13-1. In cases of detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service, the service provider adopts statements by means of the digital waiting list.
At the same time to uslugopoluchatel 6 (six) working days for elimination of the revealed shortcomings which does not join in the aggregate term of rendering the corresponding state service established by these rules and shall not exceed it are established.
In case of remedial action, day of the initial address of uslugopoluchatel is considered day of reception of an application and (or) documents for receipt of the state service.
The current of term of rendering the state service renews from the date of elimination of the revealed shortcomings.";
state Item 14 in the following edition:
"14. To the statement on rendering the state service registration number at the time of receipt is automatically assigned to the service provider.
In case of the address of uslugopoluchatel in two hours prior to the termination of the working day of the service provider, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", reception of applications and issue of results of rendering the state service is performed the next working afternoon.
The service provider within 4 (four) working days from the moment of document registration checks their completeness.
Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.
By results of verification of the relevant documents and payment, and also in the absence of the bases for refusal, the service provider within 6 (six) working days enters data on registration in the State register of trademarks, publishes data on issue and sends to "personal account" of uslugopoluchatel the certificate on the trademark electronically according to appendix 2 to this order.
In case of representation uslugopoluchately incomplete document package or lack of the data necessary for rendering the state service according to these rules, the service provider sends to the terms specified in part three of this Item to uslugopoluchatel the notification (request) on suspension of term of rendering the state service with indication of what requirements there does not correspond the document package.
Reduction term in compliance of the documents specified in the notification constitutes no more than six working days of day from the date of receipt of the initial address of uslugopoluchatel.
In case of not elimination by uslugopoluchatel within six working days from the date of its initial address of the revealed discrepancies to the requirements established by these rules, the service provider directs to uslugopoluchatel refusal in further review applications in form according to appendix 4 to these rules.";
state Items 14-1, 14-2, 14-3 and 14-4 in the following edition:
"14-1. Suspension of term of rendering the state service begins from the date of the direction to uslugopoluchatel of the notification the service provider about suspension of process of rendering the state service. The current of term of rendering the state service renews from the date of decision by the service provider about renewal of process of rendering the state service.
14-2. The service provider stops process of rendering the state service in cases:
1) the death of the citizen (including announcements the dead) or reorganization, liquidations of the legal entity if the rights of uslugopoluchatel to receipt of the corresponding material or non-material benefits are allowed by legal succession;
2) recognitions of the citizen by incapacitated and (or) it is limited capable in the procedure established by the laws of the Republic of Kazakhstan;
3) impossibility of rendering the state service to permission of the questions considered by state bodies, court or in other procedure, stipulated by the legislation the Republic of Kazakhstan;
4) detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service.
The added and corrected documents are provided the uslugopoluchately ambassador of elimination of the revealed shortcomings of suspension term limits.
14-3. Process of rendering the state service stops:
1) in the cases provided by subitems 1) and 2) of Item 14-2 of these rules – before determination of the legal successor of the corresponding person or appointment to incapacitated face of the guardian;
2) in the cases provided by the subitem 3) of Item 14-2 of these rules – before determination of line item by state body, the introduction in legal force of court resolution or the solution of question in other procedure, stipulated by the legislation the Republic of Kazakhstan;
3) in the cases provided by the subitem 4) of Item 14-2 of these rules – before elimination of the revealed defects within six working days revealed by the service provider.
The suspension term provided by the subitem 3) of Item 14-2 of these rules shall not exceed aggregate term of rendering the corresponding state service, stipulated in Item 3 Lists of the main requirements to rendering the state service.
14-4. The service provider according to the petition of uslugopoluchatel or on the initiative has the right to suspend process of rendering the state service in cases:
1) force majeure, the service which is temporarily interfering further process to rendering. Force majeure, the state service which is temporarily interfering further process of rendering, are understood as introduction of emergency state, threat or emergence of emergency situation of natural and technogenic nature;
2) findings of uslugopoluchatel on official journey, in the medical organization on hospitalization, exceeding the term of rendering the state service except as specified of receipt of service by his legal representatives.";
add with Item 17-1 of the following content:
"17-1. In cases of detection of mistakes or inaccuracies in the statement and (or) documents submitted by uslugopoluchatel, their discrepancies to requirements for form and content, representations by uslugopoluchatel of incomplete document package according to the list, stipulated in Item 8 Lists of the main requirements to rendering the state service, the service provider adopts statements by means of the digital waiting list.
At the same time to uslugopoluchatel six working days for elimination of the revealed shortcomings which does not join in the aggregate term of rendering the corresponding state service established by these rules and shall not exceed it are established.
In case of remedial action, day of the initial address of uslugopoluchatel is considered day of reception of an application and (or) documents for receipt of the state service.
The current of term of rendering the state service renews from the date of elimination of the revealed shortcomings";
state Item 18 in the following edition:
"18. To the statement on rendering the state service registration number at the time of receipt is automatically assigned to the service provider.
In case of the address of uslugopoluchatel in two hours prior to the termination of the working day of the service provider, in days off and holidays according to the Labor code of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan "About holidays in the Republic of Kazakhstan", reception of applications and issue of results of rendering the state service is performed the next working afternoon.
The service provider within 4 (four) working days from the moment of document registration checks their completeness.
Data on the document confirming payment, the service provider receives from the corresponding state digital system through PShTsP.
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