Patent maintenance

Patent maintenance

The patent holder annually makes payment for maintenance of the protection document in force on the date corresponding to the date of application (according to paragraph 15 of Article 11 of the Patent Law of the Republic of Kazakhstan).

The expert organization, after granting a patent within ten working days, shall send to the patentee a notice of payment for the maintenance of the protected document in force on the form according to Annex 13 to the Regulation. 

The first payment for the maintenance of a security document shall be made within two months from the date of publication of the information on the issuance of the security document and shall include payment for previous years starting from the date of application.

Payment for the maintenance 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 payment for the maintenance of the security document in force, the patent holder or representative provides a copy of the payment documents to the expert organization.

Expert organization, if there is a payment document enters information in the state registers on maintaining the security document valid for the following year.

In the case of payment after a fixed period, pursuant to paragraph (1) of article 5 (bis) of the Paris Convention, a grace period of six months from the date of expiry shall be granted for the payment of duties provided for the retention of industrial property rights; subject to the payment of an additional duty. The fee is increased by 50 per cent according to the established prices.

Information about the patent status can be found in the State Registers of Industrial Property section.

Maintenance of the patent on the invention in force is regulated by the following normative legal acts of the Republic of Kazakhstan:

• Patent Law of the Republic of Kazakhstan dated July 26, 1999 No. 456
• Rules for 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 security documents and their Duplicates, invalidation and Early Termination of Patents, approved by Order of the Minister of Justice of the Republic of Kazakhstan dated August 29, 2018 No. 1341
• Prices for works and services sold by the RSE on REM "NIIP"  of the Ministry of Justice of the Republic of Kazakhstan