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Patent Attorneys, Kazakhstan

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INDUSTRIAL DESIGNSIN KAZAKHSTAN

 

The Patent Law of the Republic of Kazakhstan entered into effect in August, 1992. Amendments to the Patent Law have been made for the period of its validity. The last ones were made in April, 2015.

 

The rights to an industrial design shall be certified in Kazakhstan by an industrial design patent.

A patent shall certify the priority date, the authorship and the exclusive right to use the subject of industrial design.

An industrial design patent shall be granted after the formal examination and the substantive examination of the application have been carried out. The term of an industrial design patent shall be fifteen years from the date of filing of the application with the Patent Office of the Republic of Kazakhstan. The term may be extended for a period not exceeding five years.

An industrial design shall be construed as an artistic and technical solution defining the outward appearance of a manufactured article.

An industrial design shall be granted protection if it is new, original and industrially applicable.

The industrial design application shall relate to one industrial design only or to a group of industrial designs so linked as to satisfy unity of industrial design requirement.

The request for the substantive examination to have been carried out may be filed by the applicant (his patent agent) or any third party within three months from the date of sending the notification of the formal examination has been carried out or may be furnished together with the application.

The industrial design application shall contain:

  • the request for the grant of a title of protection, stating the names of the creator (or creators) and the person (or legal entity) in whose name the grant of a title of protection is sought, and the addresses of their residences or places of business;
  • the description of the industrial design including the totality of its essential features;
  • a set of photographs of the manufactured article (or articles) or model providing full view (8 copies) and detailed view (2 copies each) of its outward appearance and capable of reproduction, and photographs of a prototype. The size of photographs depends on the size of the industrial design and may be 18x24, 13x18 or 9x12;
  • the drawings, affording general views of the manufactured article, ergonomic scheme, or confection chart where indispensable for the understanding of the disclosure;
  • a power of attorney if the application is filed through a patent agent (certified with a seal or a stamp of the applicant, no notarization, no legalization);
  • the certified copy of the first application (if conventional priority claimed).

The industrial design application shall be accompanied by proof of payment of the prescribed fee which may be either furnished together with the application or within two months following the date of its receipt.

The request for the grant of the title of protection shall be written in the Kazakh or Russian language. Where elements of the application are written in a language other than the Kazakh or Russian, the application shall be accompanied by a Kazakh or Russian translation of those elements. The applicant may furnish a required translation within two months following the receipt of the application containing elements written in another language by the Patent Office of Kazakhstan.

The priority of an industrial design shall be determined:

  • by the filing date of the industrial design application;
  • by the filing date of the first application in any State party to the Paris Convention if the industrial design application has been filed within six months from the said date (the certified copy of the first application shall be furnished not later than six months from the date of receipt of the application by the Patent Office of Kazakhstan);
  • by the date of receipt of additional documents by the Patent Office of Kazakhstan since they are recognized as modifying the subject matter of the clamed solution;
  • the priority of the industrial design based on a divisional application shall be determined by the date of filing with the Patent Office of Kazakhstan of the initial application disclosing the industrial design by the same applicant.

Natural persons having their residence outside the territory of the Republic of Kazakhstan and foreign legal entities shall be required to act through patent agents registered with the Patent Office of the Republic of Kazakhstan in all proceedings conducted for the purposes of obtaining titles of protection and maintenance thereof as well as for lodging an appeal with the Board of Appeal.