National Institute of Intellectual Property
Extension of the patent
In accordance with paragraph 3 of Article 5 of the Patent Law of the Republic of Kazakhstan, a patent for an invention shall be valid for twenty years from the filing date of the application.
In respect of an invention relating to a medicinal product, pesticide (pesticide), the application of which requires obtaining permits in the manner established by the legislation of the Republic of Kazakhstan on permits and notifications, the duration of the exclusive right and the patent certifying this right may be extended at the request of the patent holder, but not more than five years.
The indicated period shall be extended by the time elapsed from the date of filing the application for the grant of a patent for an invention to the date of receipt of the first permission to use the invention minus five years. http://adilet.zan.kz/rus/docs/Z990000427_
According to paragraphs 25-36 “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”, filing an application and conducting paperwork to extend the term the validity of a patent for an invention is carried out through 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) or by the representative acting on the basis of the power of attorney.
The application is accompanied by:
1) copies of official documents containing information about the medicinal product, pesticide (pesticide), the use of which has received the first permission of the competent authority, allowing to attribute the invention described in the independent claim to the specified drug, pesticide (pesticide);
2) an indication of the invention (the corresponding independent claim), in relation to which the extension of the validity period of the exclusive right and the patent certifying the right is sought, the statement that the said permission is the first with respect to the invention and the explanation from which it follows that the specified medicinal product, a pesticide (pesticide) is characterized in the corresponding independent claim;
3) a document confirming payment for the extension of the validity of a patent for an invention and publication of information on renewal in a newsletter;
4) 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 or sent by mail.
The application and the attached documents are considered within ten business days from the date of their receipt by the expert organization.
The examination of the application includes checking the possibility of classifying the invention described in the independent claim of the patent in question as a medicinal product, a pesticide (pesticide), for which permission has been obtained.
Testing the relevance of the invention, characterized in the form of a compound (a group of compounds described by the general structural formula), to a medicinal product, pesticide (pesticide), the use of which is obtained permission, is to compare the compound described in the independent claim with the active ingredient of the medicinal means, pesticide (pesticide) specified in the permit. In this case, it is checked whether the description of the invention contains information that the compound has such activity that allows it to be used in the specified drug, pesticide (pesticide). The subject invention relates to a drug, a pesticide (pesticide) specified in the permit, if the compound is an active ingredient of such a drug, pesticide (pesticide) and the description of the invention contains relevant information.
Checking the possibility of classifying the invention, characterized in the form of a composition, as a medicinal product, pesticide (pesticide) for the use of which permission has been obtained, consists in comparing the characteristics of the patented composition and the characteristics of the composition of the medicinal product, pesticide (pesticide) specified in the permit (purpose, composition, the form given in the claims or follows from the composition).
The invention under consideration relates to a medicinal product, a pesticide (pesticide), if the independent claim includes the characterization of the medicinal product specified in the permit, pesticide (pesticide).
An extension of the validity of a patent for an invention issued to a group of inventions, including both a compound and a composition of a medicinal product, a pesticide containing a compound, is carried out and carried out in respect of each invention of the group.
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.
Subject to the conditions for filing the application, the patent is extended.
Information on the extension of the validity of a patent for an invention is entered into the State Register of Inventions of the Republic of Kazakhstan and published in the next issue of the bulletin. The corresponding notice on the extension of the patent is sent to the applicant.
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 for an invention
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_
