Article 999. Term of validity of the patent of the Civil Code of the Republic of Kazakhstan

Home / Codes / Article 999. Term of validity of the patent of the Civil Code of the Republic of Kazakhstan

1. The patent is valid from the date of filing the application with the expert organization and remains valid subject to compliance with the requirements established by the laws of the Republic of Kazakhstan.:

1) a patent for an invention – for twenty years.

With respect to an invention related to a medicinal product or a pesticide, the use of which requires obtaining permits in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications, the validity period of the exclusive right and the patent certifying this right may be extended at the request of the patent owner, but not more than five years.

The specified period is extended for the time that has elapsed from the date of filing an application for a patent for an invention until the date of receipt of the first permit for the use of the invention, minus five years.;

2) a patent for a utility model – for five years. The term of validity of a patent may be extended by an expert organization at the request of the patent owner, but not for more than three years.;

3) a patent for an industrial design – for ten years. The term of validity of a patent may be extended each time by an expert organization at the request of the patent holder for five years. In this case, the total period of validity of the patent should not exceed twenty-five years from the date of filing the application.

2. Protection of an invention, utility model, or industrial design is effective from the date of filing an application with an expert organization. Protection of rights can be carried out after the grant of a patent. In case of refusal to grant a patent, the protection is considered to be non-expired.

3. The priority of an invention, utility model, or industrial design is determined in accordance with the procedure provided for by the laws of the Republic of Kazakhstan.

4. Upon expiration of the validity period, as well as in the event of early termination of the exclusive right, the invention, utility model or industrial design shall pass into the public domain.

5. An invention, utility model, or industrial design that has passed into the public domain may be freely used by any person without anyone's consent or permission and without payment of remuneration for use.

President

Republic of Kazakhstan

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