Kazakhstan

DESIGNS REGISTRATION IN KAZAKHSTAN

Priority Deadline: For filing of a design application in Kazakhstan with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the KzPTO within two (2) months following the design application filing date.

Novelty Period: The novelty grace period for a design in Kazakhstan is six (6) months after the disclosure of the design and before application filing.

Representation: A foreign client must be represented at the Kazakhstan Patent office by a registered Kazakhstan Patent Attorney.

Translation: Applications should be translated and filed in the Russian language.

Formal Examination: The process for the examination of Design Applications in Kazakhstan includes a formal examination for the crosschecking of required documentation. In the case of accurate documentation, a notification on the completion of the formal examination will be issued and the application will proceed to the substantive examination stage.

Substantive Examination: The substantive examination should be requested by the applicant within three (3) months from the date of notice of completion of the formal examination. At this stage the design will be checked in compliance with the requirements for design patentability, which are absolute novelty and originality. If the design meets these requirements, a decision to grant the patent will be issued.

Office Action: In case of Office Action, our Kazakhstan Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Kazakhstan usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the patent are required to be paid annually with annuity for the following year being made in the current year of validity. A six (6) month grace period is foreseen but will incur an increase on the fees. Failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued after payment of the relevant issuance and annuity fees.

Validity: In Kazakhstan a patent is valid for fifteen (15) years with a possibility to renew for another five (5) years.

Required documents for Filing a Design Application in Kazakhstan:

1. Applicant’s information (name and address).
2. Designer’s information (name and address).
3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
4. Description and list of dominant features (if available).
5. POA signed by Applicant(s). Notarization or Legalization is not required.

Design protection in Kazakhstan can also be obtained through the Eurasian Patent Organization (EAPO).