Fees associated with filing industrial design applications in Kazakhstan as well as other design fees are available in the fee calculator.
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The term for filing design applications in Kazakhstan
The deadline for filing an application to grant a patent in Kazakhstan claiming priority is six months from the date of priority. The term may be extended for two months from the lapsed term if the failure to file the application was unintentional.
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Minimum of filing documents in Kazakhstan
To obtain a filing date, it is necessary to provide the National Institute of Intellectual Property with:
- request to register industrial design;
- information about applicant(s) and author(s), their address(es);
- description and images of design.
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Multiple design applications
It is possible to request registration of several designs (a multiple design application) in Kazakhstan if the designs concern the same object or may be identified as a kit of goods and have a single design concept.
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Power of Attorney requirements
The Power of Attorney may be provided at the time of filing an application or within two months from the filing date. Legalization or notarization is not required.
For industrial design applications where the priority is to be claimed it is necessary to provide the certified copy of the priority document within six months from the filing of the application.
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Examination of a design application in Kazakhstan
Industrial design application in Kazakhstan is examined according to the formal and substantive requirements. The request to conduct the substantive examination, as well as the payment of the examination fee, should be submitted to the patent office within three months from the notification about positive results of the formal examination.
Six months from disclosure of information about the industrial design before the filing of the application does not disprove the novelty of the industrial design according to the Kazakh legislation.
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Grant and maintenance fees
The official fees for grant and publication as well as the first post-grant annuities must be paid within three months from issuance of the decision to grant a patent or within two months from the publication of the patent.
The validity term of the patent for the industrial design in Kazakhstan constitutes 10 years as of the filing date. This term may be renewed three times for five years up to a maximum of 25 years.
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Representation by a patent attorney
It is required for the foreigners to perform the industrial design prosecution in Kazakhstan through an agent, a registered Kazakhstani patent attorney.
The legal protection may be granted to the new and original artistic solutions which determine an appearance of a product.
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What cannot be registered
- solutions which are determined only by technical function of a product;
- solutions which contradict public interest , principles of humanity and morality;
- architectural object (including the industrial, hydrotechnic and other facilities) except for small architectural forms;
- objects of unstable form from liquid, gaseous, powdery or similar substances.
1. Online Database for Kazakh Design Search.
2. In Kazakhstan there is specific legal protection for unregistered industrial designs. They can be protected for 3 years from the date they were first made available to the public in Kazakhstan, provided the design meets the novelty and originality requirements. Public disclosure of the design is deemed to be made in circumstances where the design is published, exhibited, used in trade or accurately informed to the entities specialising in the applicable sphere of entrepreneurial activity in Kazakhstan.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Kazakh IP Laws