(20 February 2026 | Source: portal Adilet.kz)
The Ministry of Justice of the Republic of Kazakhstan has approved a new Regulation on the commission on matters of patent attorneys' activities. The document governs the procedure for reviewing complaints, the process for suspending patent attorney certificates, and the rules for removing specialists from the state register.
PROCEDURE FOR REVIEWING COMPLAINTS AND SUSPENDING ACTIVITIES
One of the key innovations of the document is the mechanism for temporarily suspending a patent attorney's activities for the duration of the complaint review. According to paragraph 14 of the Regulation, suspension is possible as early as the stage of receiving the complaint—this is an important feature of the rule, allowing for a prompt response to potential violations.
A patent attorney's certificate may be suspended for a period of up to three months. The decision is made by the commission based on the received complaint in order to clarify all circumstances, with a note of the temporary restriction on the right to practise being entered into the register.
RULES FOR CONDUCTING COMMISSION MEETINGS
The Regulation establishes the procedure for actions in the event of participants' absence. If the applicant does not appear at the meeting, the commission has the right to leave the complaint without consideration.
At the same time, the absence of the patent attorney against whom the complaint is being considered does not hinder the commission's work—the matter is subject to consideration in any case. The working body of the commission is the committee for intellectual property rights, which carries out the collection and analysis of evidence (contracts, correspondence, and other materials).
STRUCTURE AND COMPOSITION OF THE COMMISSION
The new regulation defines the structure of the decision-making body:
- Numerical composition: at least 7 people (an odd number);
- Right to vote: employees of the committee for intellectual property rights and representatives of the expert organisation (National Institute of Intellectual Property - NIIP RK);
- Status of the professional community: representatives of the Chamber of Patent Attorneys and independent experts are brought in as consultants without voting rights;
- Frequency: meetings are held as necessary, but at least once a quarter.
GROUNDS FOR REMOVAL FROM THE REGISTER
In addition to measures following the review of complaints, the order clarifies the administrative grounds for removal from the register:
- A break in professional activity of more than five consecutive years;
- Moving to a permanent place of residence outside the Republic of Kazakhstan;
- A personal application from the specialist;
- Results of submissions from the Chamber of Patent Attorneys.
LEGAL CONTEXT AND ASSESSMENT OF CHANGES
The Ministry of Justice positions the innovations as a measure to increase the responsibility of patent attorneys. The possibility of suspending a certificate as early as the stage of receiving a complaint is seen as a preventive tool for protecting the interests of applicants.