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Design Practice
Our design practice includes:
- filing and prosecuting design applications;
- investigating into the validity of design patents;
- maintaining validity of design patents;
- recording any amendments in design patents;
- providing legal services related to licensing and assignment transactions;
- negotiating settlement of any disputes;
- opposing against refusals of protection.
Documents required to file a design application:
- Description, which includes:
- Designation of the design;
- Class on the International Classification for Industrial Designs (Locarno classification);
- Purpose and the field of the design;
- Description of analogues of the design including the nearest one of them, i.e. prototype;
- The aggregate of essential features of the applied design with indication of distinctions.
- Black-and-white photograph by size 18x24cm (13x18 or 9x12):
- general view foreshortened ? from the front - 8 specimens,
- if necessary, views from the left, from the right, from behind, from the front, from above - 2 specimens for each.
- A prototype photograph.
- Filing particulars, namely:
- Applicant's name, country/state of incorporation, address;
- Designer's name, country/state of residence, address.
- Certified copy of the priority document (in case of claiming the conventional priority).
- Power of Attorney
In accordance with the Patent Law of the Republic of Kazakhstan property rights for industrial designs are certified by a Patent .
Our legislation envisages two stages of examination of the design: formal examination and substantive examination.
At the stage of formal examination availability of application documents is checked and date of filing and priority date are ascertained.
After completion of the formal examination with the favourable result the Examiners conduct substantive examination. The substantive examination includes facility of attributing the applied offer to objects protected as a design, conduction of the information search in respect of the applied design for determination of the level of artistic and development solution, test for patentability. Upon the substantive examination it is made an opinion of patent grant or refusal of patent grant.
In the positive decision after payment of fees a patent is issued which is valid for 10 years from the filing date of the application with possible extension of its effect for 5 years. Annuities are paid every year and they are calculated from the application filing date.
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