Features of filing a Eurasian application for industrial designs
5 Jun 2023
Kazakhstan
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The industrial design shall include an artistic design solution of product of industrial or cottage industry, determining the product appearance. An industrial design shall be granted legal protection if it is new, original. An industrial design shall be new if the set of its essential features reflected in the product images shall be unknown from the information that has become publicly available in the world before the priority date of the industrial design. When establishing the novelty of an industrial design considers previously filed in the Republic of Kazakhstan by others unrevoked applications for identical industrial designs, as well as patented in the Republic of Kazakhstan industrial designs (from the date of priority). Industrial design recognizes the original if its essential features determine the creative nature of the product characteristics (Article 8 Patent Law of the Republic of Kazakhstan).
The Eurasian patent for an industrial design is valid on the territory of 6 Member States to the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention - the Kyrgyz Republic, the Republic of Azerbaijan, the Republic of Armenia, the Russian Federation, the Republic of Kazakhstan and the Republic of Tajikistan.
The Eurasian Patent Convention (EAPC) is an international treaty in the field of patent law that establishes both the Eurasian Patent Organization (EAPO) and the legal system under which Eurasian patents are issued. The Convention was signed on September 9, 1994 in Moscow and entered into force on August 12, 1995.
Features of filing a Eurasian application for an industrial design:
1. ONE Eurasian application is submitted, which will be valid in ALL participating Member States;
2. The Eurasian application may contain up to 100 industrial designs belonging to the same class of ICGS;
3. The documents of the Eurasian application may be submitted in ANY language, followed by the provision of translation into the official language (russian);
4. The application for the issuance of a Eurasian patent is submitted only in Russian;
5. The Eurasian patent for an industrial design is valid for FIVE YEARS;
After the issuance of the Eurasian patent for an industrial design, the following rights is granted:
1. EXTENSION of the validity period of the Eurasian patent;
2. REJECTION OF the Eurasian patent;
3. LIMITATIONS of the Eurasian patent.