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Amending the State Register of Breeding Achievements

In accordance with paragraphs 13-18, “Rules for the registration of selection achievements in the State Register of Selection Achievements and the issuance of protection documents and their duplicates, cancellation and early termination of patents,” the expert organization enters into the State Register information on subsequent changes in the legal status of a patent after its issuance based on decisions the Appeal Board, the judiciary, notifications of the authorized body and the applications of patent holders (their successors or representatives):

1) on the correction of errors in the entries of the State Register;

2) on registered transfer of rights, registered grant of rights;

3) on subsequent changes regarding registered transfers or granting rights;

4) on the annulment of a patent in connection with the recognition of it as invalid in whole or in part;

5) on the termination of a patent at the request of the patent holder;

6) on the early termination of the patent if it is not paid within the prescribed period;

7) on amendments to the name of the patent holder and its address;

8) on changing the representative of the patent holder;

9) on the change of address for correspondence;

10) on the change of surname, name, patronymic (if any) of the author, patent holder - individual and / or change of address of place of residence, address for correspondence of the patent holder;

11) authorship of the variety, breed.

Changes are made by submitting applications to the expert organization for the introduction of appropriate changes by the patent holder (assignee) or by a representative acting on the basis of a power of attorney from the patent holder.

The application is submitted in Kazakh or Russian.

The application is signed by the patent holder (if the patent holder is a group of persons, the application is signed by all persons included in the specified group) or by a representative acting on the basis of the power of attorney.

The application is accompanied by:

1) copies of documents confirming the relevant change;

2) a document confirming payment for changes;

3) a power of attorney (if the application is submitted by a representative) or a copy of the power of attorney (if the application is filed by a patent attorney).

The application and the attached documents are considered within ten business days from the date of their receipt by the expert organization.

When making changes to the name of the patent holder (patent holders) as a result of the reorganization of the legal entity, a request is submitted by the assignee and documents confirming the relevant changes are submitted.

 Changes to the composition of the authors are made on the basis of a court decision. A change in the composition of authors means the inclusion in the composition or exclusion from the composition of the author indicated in the title of protection.

Changes to the composition of the authors are made on the basis of a court decision by submitting a petition for the corresponding changes to the composition of the authors in any form, indicating the number of the title of protection, last name, first name and patronymic (if any), address of the residence, the author included or excluded.

The application is accompanied by:

1) a copy of the court decision;

2) a document confirming payment for changes;

3) a copy of the power of attorney (if the application is submitted through a patent attorney or other representative).

The application and the attached documents are considered within ten business days from the date of their receipt by the expert organization.

If an incomplete set of documents is submitted, the applicant must submit the necessary documents no later than 20 business days from the date of sending the request to the expert organization. If the relevant documents are not provided, no changes are made, about which the person submitting the application is notified.

When changes are made, the relevant information is entered into the State Register, published in the bulletin (except for the change in the address of the patent holder, address for correspondence and representative) and a notification is sent to the patent holder.

The order of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 No. 1343. It is registered with the Ministry of Justice of the Republic of Kazakhstan on September 24, 2018 No. 17416. http://adilet.zan.kz/rus/docs/V1800017416

 

 
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