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Keeping a patent in force

In accordance with Paragraph 15 of Article 11 of the Patent Law of the Republic of Kazakhstan, the patent owner is obliged to pay annually for maintaining the title of protection in force on the date corresponding to the filing date of the application. The first payment for maintaining a title of protection is made within two months from the date of publication of information on the issue of a title of protection and includes payment for previous years, starting from the date of filing the application.

In accordance with Paragraphs 66, 67 of the Rules for drawing up, processing and considering an application for an industrial design, entering information into the state register of industrial designs of the Republic of Kazakhstan, as well as issuing a title of protection, a patent terminated due to non-payment within a specified period of time to maintain a title of protection , can be restored at the request of the patent owner within three years from the date of expiry of the payment for maintaining the patent in force. The application for restoration is accompanied by a document confirming the payment for the preparation of documents for the restoration of the patent and for maintaining it in force for the period of validity, the payment period for which was missed.

The petition is signed by the patent holder (if the patent holder is a group of persons, the application is signed by all persons belonging to the specified group) or by a patent attorney or other representative acting on the basis of a power of attorney. On behalf of the legal entity, the application is signed by the head of the organization or another person authorized to do so, indicating his position.

The following documents are attached to the application:

  1. a document confirming payment for the preparation of documents for the restoration of the patent and publication;

  2. a document confirming payment for maintaining the missed year (s) of the patent;

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

 

 
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