National Institute of Intellectual Property
In accordance with subparagraph 3) paragraph 5 of Article 14 of the Law "On the Protection of Breeding Achievements", the patent holder annually pays for the maintenance of the patent on the date corresponding to the filing date of the application. After the grant of the patent, the expert organization shall send a notification to the patent owner within ten working days on maintaining the security document in force in accordance with Annex 11 to these Rules.
The first payment for the maintenance 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 maintenance of the security document in force for each subsequent year of its validity is made during the current year of validity of the security document.
After the payment has been made for maintaining the security document in force, the patent holder or representative must submit 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 maintenance 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 maintenance of a patent for breeding achievements is regulated by the following regulatory legal acts of the Republic of Kazakhstan:
