Article 24. Examination of an application for an industrial design of the Patent Law of the Republic of Kazakhstan
1. An expert organization conducts a formal and substantive examination of an application for an industrial design.
2. At the stage of the formal examination, the availability of the application documents provided for in subitems 1), 2) and 4) of paragraph 2 of Article 19 of this Law is checked, the date of filing the application and the priority date are established.
For an application for an industrial design executed in violation of the requirements for its documents, a request is sent to the applicant with a proposal to submit corrected or missing documents within three months from the date of its submission.
If the applicant fails to submit the requested documents or a request for an extension of the deadline within the prescribed period, the application is considered withdrawn, and the applicant is notified accordingly. This period may be extended, subject to appropriate payment, but not for more than three months.
When submitting additional materials to an application for an industrial design in accordance with Article 21 of this Law, it is checked whether they do not change the essence of the claimed industrial design.
Additional materials change the essence of the claimed industrial design if they contain features missing from the original application materials. Additional materials in the part that changes the essence of the claimed industrial design are not taken into account when considering the application and may be filed by the applicant as an independent application, of which the applicant is notified.
The applicant is notified of the results of the formal examination after the completion of the formal examination.
2-1. For an application filed in violation of the requirement of the unity of an industrial design, the applicant is invited, within three months from the date of sending him the relevant notification, to inform him which industrial design is to be considered, and, if necessary, to clarify the application documents. Other industrial designs included in the materials of the initial application may be issued in separate applications. The priority of the allocated applications is established in accordance with paragraph 5 of Article 20 of this Law.
If, within three months from the date of notification of a violation of the unity requirements, the applicant does not inform him which of the industrial designs is to be considered and does not submit the specified documents, the object indicated in the description first, as well as other industrial designs related to the first one, is reviewed to the extent that they satisfy the requirement of unity of the industrial design.
3. After the completion of the formal examination with a positive result, the expert organization conducts an examination of the application on its merits.
Substantive examination of an application includes establishing the possibility of classifying the claimed proposal as an object protected as an industrial design, conducting an information search in relation to the claimed industrial design to determine the level of artistic design solutions, verifying the compliance of the claimed solution with the conditions of patentability established by Article 8 of this Law, and is subject to the submission of a document confirming payment for the examination of the application the creature.
The document on payment for the substantive examination of the application is submitted to the expert organization within three months from the date of notification of the results of the formal examination.
4. During the substantive examination of the application, the expert organization has the right to request additional materials from the applicant, without which the examination is impossible.
Additional materials at the request of the expert organization must be submitted without changing the nature of the industrial design within three months from the date of sending the request.
The procedure established by paragraph 1 of this article applies to additional materials in the part that changes the essence of an industrial design. If the applicant fails to submit the requested materials or a request for an extension of the deadline within the prescribed period, the application is considered withdrawn. This period may be extended, subject to appropriate payment, but not for more than three months.
5. If, as a result of the substantive examination of the application, the expert organization determines that the claimed proposal, in the scope of legal protection requested by the applicant, meets the conditions of patentability of the industrial design defined in Article 8 of this Law, a decision on the grant of a patent shall be issued indicating the established priority.
Within three months from the date of sending the decision to grant the patent to the applicant, the applicant submits to the expert organization a document confirming the appropriate payment for the preparation for the grant of the patent and publication. If the specified document is not submitted, the payment period may be restored within three months, provided that a document confirming payment for the restoration of the missed deadline is submitted. Otherwise, the application is considered withdrawn, the office work on the application is terminated, about which the applicant is notified within one month from the date of expiry of the restoration period.
6. If it is established that the claimed industrial design does not comply with the conditions of patentability of the industrial design requested by the applicant, a decision is taken to refuse to grant a patent for the industrial design.
A decision to refuse to grant a patent is also made if the application relates to objects that are not protected as industrial designs or in respect of which consideration was not conducted due to violation of the requirement of the unity of the industrial design.
The applicant has the right to file an objection to the decision to refuse to grant a patent to an expert organization with the authorized body within three months from the date of its sending. The objection must be considered by the Appeal Board within two months from the date of its receipt.
7. The applicant can get acquainted with all the materials opposed by the examination. The expert organization sends copies of the materials requested by the applicant to him within one month from the date of receipt of the request.
8. The time limits provided for in paragraphs 2, 3 and 4 of this Article and missed by the applicant may be restored by an expert organization upon presentation of a document on payment for the restoration of the missed period.
An application for reinstatement of the deadline may be submitted by the applicant no later than six months from the date of expiry of the missed deadline. Such a request is submitted to the expert organization at the same time as the materials requested by the expert examination or with an objection to the appeals board.
The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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