of February 24, 2012 No. 88
About approval of Rules on prolongation of effective period of the innovative patent and patent for the invention, the patent for useful model and industrial design
According to Item 3 of article 5 of the Law of the Republic of Kazakhstan of July 16, 1999 "the Patent Law of the Republic of Kazakhstan", PRIKAZYVAYU:
1) Governed on prolongation of effective period of the patent for the invention according to appendix 1 to this order;
2) Governed on prolongation of effective period of the patent for useful model according to appendix 2 to this order;
3) Governed on prolongation of effective period of the patent for industrial design according to appendix 3 to this order.
2. To provide to committee on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order.
3. To provide to department on intellectual property rights of the Ministry of Justice of the Republic of Kazakhstan:
1) state registration of this order;
2) official publication in periodic printing editions and in information system of law of Ad_let.
to the Order of the Minister of Justice of the Republic of Kazakhstan of February 24, 2012 No. 88
1. These rules of prolongation of effective period of the patent for the invention (further - Rules) are developed according to Item 3 of article 5 of the Law of the Republic of Kazakhstan "the Patent Law of the Republic of Kazakhstan" (further - the Patent law) and determine order of interaction between the patentee and the expert organization for the questions connected with prolongation of effective period of the patent for inventions (further - the petition), considerations of the petition for prolongation of effective period of the patent, carrying out the comparative analysis of the invention concerning which prolongation, and the patent certifying the right, preparation of appendix to the patent on prolongation of effective period of the patent for the invention is asked.
2. In Rules the following concepts are used:
1) the bulletin - the official periodical concerning protection of objects of industrial property;
2) medicines - the means representing or containing pharmacological the active agents coming into contact with human body or getting into its bodies and fabrics intended for prevention, diagnostics and treatment of diseases, and also change of condition and functions of organism. Pharmaceutical (active) substances and medicines belong to medicines;
3) competent authority (further - competent authority):
concerning medicine - the state body performing management in the field of protection of public health, medical and pharmaceutical science, medical and pharmaceutical education, drug circulation, products of medical appointment and medical equipment, control of quality of medical services;
concerning pesticide (agricultural chemical) - the central executive body performing management in the field of protection of plants and also within the powers cross-industry coordination;
4) pesticides (agricultural chemicals) - the chemical, biological and other substances used against harmful and especially dangerous harmful organisms and also for preharvesting drying, removal of leaves and regulation of growth of plants;
5) permission - the certificate of state registration of medicine, pesticide (agricultural chemical) issued by competent authority;
6) the expert organization - the organization subordinated to authorized body performing activities in the spheres referred to the state monopoly (rendering services in the field of protection of inventions, useful models, industrial designs);
7) authorized body - Ministry of Justice of the Republic of Kazakhstan.
3. The patent for the invention is effective within twenty years from the date of application for the invention (further - the request) in the expert organization.
4. Concerning the invention relating the validity of the patent to medicine, pesticide (agricultural chemical) which use requires receipt of permission to its application it is extended according to the petition of the patentee, but no more than for five years.
Term is prolonged for time which passed from the date of application for the invention before the date of receipt of the first permission to application of the invention less five years.
The invention belongs to medicine, pesticide (agricultural chemical) if in invention formula it is characterized in the form of composition, connections or groups of the connections described by general structural formula and of the description of the invention its use as active ingredient of medicine, pesticide follows.
5. The petition moves during action of the patent before the expiration of six months from the date of receipt of the first permission to application of the invention or date of issue of the patent depending on what of these terms expires later.
If the first permission is issued before entry into force of the Law of the Republic of Kazakhstan of April 7, 2015 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning legal regulation of the sphere of intellectual property", that petition moves during patent effective period, but no later than two months before the expiration of its action.
6. Submission of the petition and record keeping on prolongation of effective period of the patent for the invention through the patent agent of the Republic of Kazakhstan (further - the patent agent) or other representative, is performed with issue of the power of attorney to it.
7. The petition is submitted in the Kazakh and/or Russian languages. Its translation in the Kazakh and Russian languages within one month is applied to the petition provided in foreign language from the moment of submission of the petition. In case of translation non-presentation in time the petition is recognized not given.
8. The petition is signed by the patentee (if patentee is the group of persons, the petition is signed by all persons) either the patent agent, or other representative who is acting on the basis of the power of attorney.
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