Article 8. Conditions of patentability of an industrial design of the Patent Law of the Republic of Kazakhstan

Home / RLA / Article 8. Conditions of patentability of an industrial design of the Patent Law of the Republic of Kazakhstan

1. An industrial design refers to an artistic design solution for an industrial or handicraft product, which determines the appearance of the product. An industrial design is granted legal protection if it is new or original. An industrial design is considered new if the totality of its essential features reflected in the product images is unknown from information that became publicly available in the world before the priority date of the industrial design. When establishing the novelty of an industrial design, unsolicited applications for identical industrial designs previously filed in the Republic of Kazakhstan by other persons, as well as industrial designs patented in the Republic of Kazakhstan (from the date of their priority), are taken into account. An industrial design is recognized as original if its essential features determine the creative nature of the product's features.

2. Solutions are not recognized as industrial designs.:

1) due solely to the technical function of the products;

2) architectural objects (except small architectural forms), industrial, hydraulic engineering and other stationary structures;

3) excluded by the Law of the Republic of Kazakhstan dated 12.01.2012 No. 537-IV (effective 10 calendar days after its first official publication);

4) objects of unstable shape made of liquid, gaseous, loose or similar substances;

5) products that contradict public interests, principles of humanity and morality.

3. The public disclosure of information related to an industrial design by the applicant (author) or any person who has received this information from him, including the demonstration of the industrial design as an exhibit at an official or officially recognized international exhibition organized in the territory of a State party to the Paris Convention, shall not be recognized as a circumstance affecting the patentability of an industrial design. provided that the application for an industrial design is filed no later than six months from the date of its disclosure or placement at the exhibition. At the same time, the obligation to prove this fact lies with the applicant.

The Law of the Republic of Kazakhstan dated July 16, 1999 No. 427.

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