National Institute of Intellectual Property
RSE "National Institute of Intellectual Property" Ministry of Justice of the Republic of Kazakhstan (hereinafter - RSE NIIP) informs all interested parties that Kazakhstani applicants may obtain protection for their industrial design in the territory of most CIS countries by filing a Eurasian application for a Eurasian patent valid in the territory of the following CIS countries - Kyrgyz Republic, Republic of Azerbaijan, Republic of Armenia, Republic of Tajikistan, Russian Federation, Republic of Belarus and Republic of
The regional patent thus granted is valid for 25 years from the date of filing of the application.
From July 2021, the possibility of filing applications for Eurasian design patents through the NIIS RGP has been opened.
The Eurasian application is filed through NIPO in two copies, according to Article 13 (2) of the Protocol on the Protection of Industrial Designs to the Eurasian Patent Convention of 09.09.1994.
The application form for the grant of a Eurasian design patent and the Procedures for their completion are available on the web portal of the Eurasian Patent Organization in the section "Documents/Application Forms" at https://www.eapo.org/ru/?documents=designs.
The requirements for the execution of the Eurasian application documents by the applicant are regulated by the Rules for Drawing up and Filing an Application for the Grant of a Eurasian Design Patent, Patent Regulations to the Eurasian Patent Convention (Part II Industrial Designs) (hereinafter referred to as the Regulations), which are available on the web-portal of the Eurasian Patent Organization https://www.eapo.org/ru/?documents=designs, in the section "Documents / Issues of Legal Protection of Industrial Designs".
The sme section contains the texts of the Patent Regulations to the Eurasian Patent Convention (Part II. Industrial Designs).
The NIIS WGP examines the Eurasian application for compliance with the requirements of Rules 102 and 103 of the Regulations and sets the filing date, according to Rule 101 of the Regulations.
For a Eurasian application that has been checked with a positive result, NIPO shall forward it to the Eurasian Office.
Each Eurasian application must be accompanied by a fee for processing, verification and transmittal of the Eurasian application (Rule 102(2) of the Regulations).
The Regulations on the Fees of the Eurasian Patent Organization for legally significant and other actions performed in respect of applications for the grant of Eurasian design patents are available on the web portal of the Eurasian Patent Organization at https://www.eapo.org/ru/?documents=designs, in the section "Documents / Issues of legal protection of industrial designs".
In accordance with paragraph 7 of the Rules of Examination of an application for an industrial property object, approved by Order of the Minister of Justice of the Republic of Kazakhstan No. 1350 dated August 29, 2018, RSE "National Institute of Intellectual Property" of the Ministry of Justice of the Republic of Kazakhstan (NIIP), guided by the Eurasian Patent Convention, Patent Instruction to the Eurasian Patent Convention, performs functions related to the receipt, verification and forwarding of the Eurasian application to the Eurasian Patent Office of the Eurasian Patent Organization (Eurasian Patent Office).
Fees payable in connection with the filing and examination of a Eurasian application
Pursuant to paragraph 5 of the Regulations on Fees of the Eurasian Patent Organization for legally significant acts performed in relation to applications for Eurasian design patents and Eurasian design patents, introduced as of April 12, 2021, the following fees are payable in connection with the filing of a Eurasian application:
(i) a single procedural fee in accordance with Article 13(3) of the Protocol and Rule 108(1) of the Patent Regulations:
where a Eurasian application is filed in respect of one industrial design - in the amount of 20,000 roubles;
where a Eurasian application is filed in respect of several industrial designs, in the amount of RUB 20,000 and an additional RUB 10,000 for each subsequent industrial design from the second to the tenth and RUB 5,000 for each subsequent industrial design above the tenth;
(ii) additional fee for late submission of the Russian translation of the Eurasian application materials in accordance with Rule 93(3) of the Patent Regulations - in the amount of 3,700 rubles;
(iii) additional fee for late submission of a document confirming the payment of a single procedural fee within the time limits set forth in Rules 93(4) and 102(4) of the Patent Regulations - in the amount equal to 20 percent of the amount of the fee set forth in paragraph (i) of this item;
(iv) an additional fee for late submission of a power of attorney in accordance with Rule 99(2) of the Patent Regulations - in the amount of 950 roubles.
