In accordance with the item 15 of the 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 as of the date corresponding to the date of the application. The first payment for maintaining the title of protection is effected within two months from the date of publication of the information on the issue of the title of protection and includes payment for the previous years, starting from the date of the application.
According to the items 66 and 67 of the Rules for drawing up, processing and consideration of an application for an industrial design, making entries into the state register of industrial designs of the Republic of Kazakhstan, as well as the issue of a title of protection: the effect of a patent, terminated in connection with the non-payment for the maintenance of a title of protection within a specified period, can be restored upon the patent owner's request within three years from the expiration of the payment period for maintaining the patent. The request for renewal shall be accompanied by a document confirming payment for the preparation of documents for the renewal of the patent and for it maintaining for the period, which was missed.
The request is signed by the patent owner (if the patent owner 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 a legal entity, the request is signed by the head of the organization or by another person authorized to do so with an indication of his position.
The following documents are attached to the request:
- a document confirming payment for the preparation of documents for the renewal of the patent and publication;
- a document confirming payment for the maintenance of the missed year (s) of the patent effect;
- power of attorney (if the request is filed by a representative) or a copy of the power of attorney (if the request is conducted through a patent attorney).