National Institute of Intellectual Property
Keeping a patent in force
The patent owner annually pays for the keeping of the security document in force on the date corresponding to the date of filing the application (in accordance with Paragraph 15 of Article 11 of the Patent Law of the Republic of Kazakhstan).
After the grant of the patent, the expert organization sends a notification to the patent owner within ten working days about the payment for keeping the security document in force in accordance with Annex 13 to the Rules.
The first payment for the keeping of the security document in force is made within two months from the date of publication of information on the issuance of the security document and includes payment for previous years, starting from the date of filing the application.
Payment for the keeping of a security document in force for each subsequent year of its validity is made in accordance with the "Prices for works and services sold by the RSE on REM "NIIP" of the Ministry of Justice of the Republic of Kazakhstan during the current year of the security document.
After the payment has been made for the keeping of the security document in force, the patent owner or representative provides copies of the payment documents to the expert organization.
The expert organization, if there is a payment document, enters information into the state registers on the keeping of the security document in force for the next year.
In case of payment after the deadline, according to paragraph (1) of Article 5 (bis) of the Paris Convention, a grace period of six months from the expiration date is provided for the payment of duties provided for the preservation of industrial property rights, subject to payment of an additional fee. At the same time, the amount of payment is increased by 50 percent according to the set prices.
Information about the patent status can be found in the State Registers of Industrial Property section.
The keeping of a patent for an invention is regulated by the following regulatory legal acts of the Republic of Kazakhstan:
