The industrial design refers to a specific appearance or aesthetic features of a product. It may consist of three-dimensional or two-dimensional features. It gives an entity to business and allows consumers to choose their products. For instance, the industrial design of a bottle permits identifying which kind of liquid is inside. The difference with a patent is that the patent protects an invention that offers a new technical solution to a problem whereas the industrial design concerns only the appearance of a product.
First, an expert organization conducts a formal examination of the industrial design application. When the examination is done, the expert organization notifies it.
Then, within 3 months from this notification, the applicant should request the substantive examination. During this second examination, the expert organization checks the compliance of the industrial design with the requirements of novelty and originality. According to Article 8 of the Patent Law of the Republic of Kazakhstan no. 427 of 16th July (the Law), the novelty could be verified by checking if the features presented in pictures of the industrial design are not known by the world. The originality is identified when the characteristics determine the creative nature of the product's features, such as the color or the ornament.
Based on the results of the substantive examination, the experts take the decision to accept the application or not. In case of acceptance, the author of the industrial design needs to pay the fees and then the industrial design is issued. The author shall have the exclusive right to use it at their discretion. The industrial design is protected for fifteen years from the date of the filing with the possibility of extension for five years.
According to Article 29 of the Law, the industrial design may be objected in the cases of:
1) Non-compliance of the protected industrial design with the requirements of novelty and originality;
2) The violation by the applicant of provisions of Article 37 of the Law regarding the issue of the document of the protection;
3) Inaccurate indication in the protection document of the author.