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Extension and reinstatement of a patent

Extension of a patent

In accordance with paragraph 3 of Article 5 of the Patent Law of the Republic of Kazakhstan, a utility model patent is valid for five years from the filing date of the application. Its validity may be extended at the request of the patent holder, but not more than three years. http://adilet.zan.kz/rus/docs/Z990000427_

According to paragraphs 38-46, “Rules for the registration of industrial property objects in the State Register of Inventions, the State Register of Utility Models, the State Register of Industrial Designs and the issuance of protection documents and their duplicates, invalidation and early termination of patents,” the application is submitted to the expert organization within the fifth years of validity of the patent, provided that it is valid.

In order to file a petition and conduct paperwork to extend the validity of a patent for a utility model, the patent holder may authorize a patent attorney or other representative, with the issuance of a power of attorney to him.

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 patent attorney or other representative acting on the basis of a power of attorney.

The application is accompanied by:

1) a document confirming payment for the extension of the validity of a patent for a utility model and the publication of information on renewal in a newsletter;

2) 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 documents attached to it are submitted directly to the expert organization, sent by mail or to the company’s email address.

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

Subject to the conditions for filing the application, the validity of a patent for a utility model is extended for the period specified in the application, but not more than three years.

Information on the extension of the validity of a patent for a utility model is entered into the State Register of Utility Models of the Republic of Kazakhstan and published in the next issue of the newsletter.

The corresponding notice on the extension of the patent is sent to the applicant.

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, the patent is not renewed, about which the person who filed the application is notified.

Order of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 No. 1341. Registered with the Ministry of Justice of the Republic of Kazakhstan on September 24, 2018 No. 17415. http://adilet.zan.kz/rus/docs/V1800017415

 

Reinstatement of a patent 

In accordance with paragraph 1 of Article 31 of the Patent Law of the Republic of Kazakhstan, a patent that has been terminated on the basis specified in subparagraph 2) of paragraph 2 of Article 30 of this Law may be restored at the request of the patent holder within three years from the date the payment for maintaining the patent expires . An application for restoration shall be accompanied by a document confirming payment for the preparation of documents for the restoration of the validity of the patent and for maintaining it valid for the validity period, the payment term of which has been missed.
An expert organization not later than two months from the date of filing the application for restoration shall publish in the bulletin information on the restoration of the patent. Date of publication is the date the patent is restored. http://adilet.zan.kz/rus/docs/Z990000427_
 
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