An artistic and design solution of a product, defining its appearance and being new and original can be recognized and legally protected as industrial design.

Patentability criteria of industrial design

An industrial design is new when aggregate amount of essential features reflected on a product images and listed as essential features is unknown and is not publicly available in the world before the industrial design priority date.

An industrial design is recognized as original when its essential features determine the creative and character of a product features.

The scope of legal protection provided by a title document for an industrial design is determined by the aggregate amount of its essential features reflected on a product images (layout) and listed as essential features of an industrial design.

Objects of an industrial design

The industrial design includes an artistic and design solution for a product of industrial or handicraft productions that determine the appearance of a product.

Term of validity

A patent for an industrial design is valid for 15 years from the filing date of an application. Its validity period may be extended at the request of the patent owner, but not for more than 5 years.

Non-protected objects:

  • conditioned solely to the technical function of a product;
  • architectural objects (except for small architectural forms), industrial, hydraulic and other permanent structures;
  • objects of unstable form of liquid, gaseous, granular or similar substances;
  • products contrary to public interests, principles of humanity and morality.

Documents for filing an application to grant industrial design patent:

  • application for granting of a title document indicating the authors of industrial design and individuals in whose name the patent is requested and their residence or location;
  • a set of images of a product (products) that can be copied or a model that gives detailed conception of applied sample (samples);
  • description of industrial design, including a list of essential features;
  • power of attorney, if correspondence and paperwork are made by a representative;
  • a document evidencing payment of fee for filing of an application.

Patenting procedure

Industrial design patent to the patent owner is granted upon finalizing procedure of formal examination and substantive examination. The substantive examination includes patent information search and review for compliance with patentability criteria world novelty and originality. A notification is forwarded to the applicant based on the results of positive formal examination. After payment of stipulated fee for issuance, the substantial examination of the application is conducted. The decision on issuance of industrial design patent is based on the results of the substantive examination. After payment fee for issuing a patent, the owner is granted Kazakhstan industrial design patent. The term for reviewing patent application is approximately 1.5 years or more.

Exclusive right

The patent owner is exclusively entitled to use industrial design protected by the patent. Other individuals and entities may not use industrial design without the patent owner’s permission. The right of patent possession and the rights arising from the patent may be assigned by the patent owner to other individuals or entities in full or in part (disposal of the right).

The use of industrial property object shall be production, use, import, offer for sale, sale, other introduction into civil circulation or storage for this purpose of a product containing a protected industrial property object.

A product is recognized as containing a protected industrial design if it contains all of its essential features presented in the images of the product (layout) and listed in the list of essential features.

We offer the following services in the field of protection and protection of industrial property objects:

  • All types of searches on state registries;
  • Preparation, filing and maintenance of applications for industrial property objects up to the issuance of title documents in Kazakhstan and in other countries. Foreign patenting can be carried out either by filing an application directly to the country specified by the applicant, or within the framework of the Patent Cooperation Treaty (PCT), the Eurasian and European Patent Conventions and etc.;
  • Monitoring the terms of payment for maintaining patents in force, maintaining patents in force, as well as extending the term of patents in cases provided by patent legislation, renewal of patents, entering amendments to state registries and patents;
  • Preparation of expert opinions of experts on the facts of infringement to rights to industrial property objects;
  • Early termination of the patent;
  • Assistance in prevention illicit use of industrial property objects under patents in Kazakhstan and abroad;
  • Representing clients in patent disputes, including challenging the granting of patents and patent infringement, including representation in the Board of Appels of the Ministry of Justice, in courts, in arbitration, and pre-trial dispute resolution.
  • Legal support related to protection of industrial designs.

Yuri Bolotov

Managing Partner

Questions relating to the section Patents – Industrial designs to e-mail address: marked for Yuri Bolotov.

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