Designs

– Patent Law of the Republic of Kazakhstan, in force since August 21, 1999, amended on July 9, 2004, March 2, 2007, January 31, 2012, April 20, 2015, July 3, 2018, and October 28, 2019, and June 20, 2022, last amendments in force since August 21, 2022.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1991.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since January 30, 2001.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since November 7, 2002.
– WTO’s TRIPS Agreement, since November 30, 2015.
– Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention, since April 12, 2021.

Filing

Applicant: individuals or legal entities.

Foreigners: enjoy the same rights as nationals; must be represented by a registered Kazakhstan agent.

Kinds of designs: industrial designs and models, which are new, original and industrially applicable.

Novelty: the essential features of a new model or design are not known in the world prior to the priority date.

Not registrable: models and designs resulting from the technical function of the article; those relating to structural forms, with exception of minor architectural forms; articles having unstable shape, such as liquids, gaseous or bulk substance; models and designs which are contrary to the public interest or morality.

Priorities: according to the Convention.

Series applications: any number of designs may be contained in one application if they belong to the same class of the Locarno International Design Classification and meet the requirements of unity.

Territory covered: the Republic of Kazakhstan.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, no legalization;
2. The design itself (or in reduced size), photographs or drawings thereof;
3. Specification of the design;
4. Priority document, if any.

Note: the minimum number of figures to be filed is one for 2D designs and for 3D designs is specified as "number of figures that gives a consistent view of the combination of essential features of the industrial design that determines the requested scope of the legal protection"; no maximum number stated. Broken lines are allowed on figures, along with surface shadings.

Electronic filing: available.

Electronic signatures: only local electronic signatures (provided by the National Certification Authority of the Republic of Kazakhstan) are accepted.

Examination

Examination: a formal examination and a delayed full examination are carried out in the same way as for “patent” applications.

Full (substantive) examination: is carried out provided the corresponding official fee is paid within three months from receiving the notification after the formal examination is completed and comprises the examination as to whether the proposed solution relates to industrial property subject matter eligible for legal protection and examination regarding patentability i.e. industrial applicability requirements.

Amendments and corrections: possible.

Publication: in the electronic Patent Office Gazette.

Granting and Duration

License rights, opposition and invalidation are regulated in the same manner as for “patents“.

Patent certificate: is issued in electronic format only; certificates of authorship are issued in paper format.

Duration - extension: ten years from the filing date with possibility of renewal for three consecutive periods of five years, up to a total term of twenty-five years.

Unregistered design rights: an industrial design that is new and original can be protected without registration for three years from the date when the design is first made available to the public in Kazakhstan.

Annuities: provided for.

Protection: the scope of legal protection provided by a design patent is determined by the combination of its essential features presented on figures. The title of the design or the classification do not influence the scope of protection.