RENEWAL AND RESTORATION OF PATENTS

Pursuant to the current legislation of the Republic of Kazakhstan a patent should be maintained in force and upon expiry date appropriate measures should be taken in order to renew or restore it.

Renewal of a patent

An invention patent is valid for 20 years from the filing date of the application provided that fee for maintaining patent in force is paid annually.

Inventions relating to a medicinal product, a pesticide for use of which It is required to obtain special permits in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications, the period of validity for the above inventions can be extended at the request of the patent owner for additional 5 years.

A patent for an industrial design is valid for 15 years from the filing date of the application. Validity period of an industrial design can be extended at the request of the patent owner for additional 5 years.

A patent for a utility model is valid for 5 years from the filing date of the application. Validity period can be extended at the request of the patent owner for additional 3 years.

The validity period of a patent for selective breeding achievements for plant varieties is 25 years, for animal breeds is 30 years, and grapes, tree, fruit and forest crops, including their rootstocks is 35 years from the date of application to the expert organization. The term of a patent is extended at the request of the patent owner for additional 10 years.

Patent owner should control renewal terms of patents.

Restoration of a patent

If, for some reasons, the procedure for extending a patent has not been implemented on a timely manner, then it is legally considered that this patent has been terminated.

If the patent is overdue and annual fee was paid not more than three years ago; our specialists shall assist in restoration of a patent.

If it turns out that more than three years passed since the last date of payment of annual fee, we shall assist in restoration of a patent for a utility model, invention or industrial design.

After implementation of the procedure for restoring the term of a patent, it is considered that the patent has not expired and continues to be in force. If, in addition, after expiry period of term of validity, a patent owner did not implement restoration of a patent, the patent shall be considered as legally expired.

We offer the following services for renewal and restoration of patents:

  • Calculation of fees for restoration, renewal and maintenance of a patent in force for the next year;
  • Preparation of a full set of documents for restoration of a patent and forwarding it to the authorized bodies;
  • Following terms of payment for maintaining patents in force and renewal term of patents in cases provided by patent law and restoring patents;
  • Entering amendments into state registries and patents;
  • Preparation, filing and following of applications for industrial property objects up to the issuance of title documents in Kazakhstan and in other countries;
  • Preparation of expert opinions related to violation of rights to industrial property objects;
  • Early termination of a patent;
  • Legal assistance in sale and purchase of patents, preparation and registration of license agreements and assignment agreements;
  • Assistance in termination of illegal use of industrial property objects under patents in Kazakhstan and abroad;
  • Representing clients in patent disputes, including challenging grant of patents and patent infringement, including representation before the Board of Appeals of the Ministry of Justice, in courts, in arbitration and out of court dispute resolution.

In this section, information is published concerning the section PATENTS – Renewal and Restoration of Patents

  • How to obtain patent in Kazakhstan;
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Olga Pastukhova

Patents

Questions relating to the section Patents – Renewal and Restoration of Patents can be forwarded to e-mail address: info@bolotovIP.com marked for Olga Pastukhova.