Strategically located on the border between Europe and Asia, Georgia is, nevertheless, not a member of the regional patent treaties (the European Patent Convention and the Eurasian Patent Convention); accordingly, the only way to obtain patent protection is to file an application directly with the Georgian PTO – the National Intellectual Property Center of Georgia (Sakpatenti).
At the same time, Georgia participates in major worldwide IP conventions/agreements (such as the 1883 Paris Convention and the Patent Cooperation Treaty – PCT). Therefore, an applicant has the possibility to claim priority from an earlier foreign patent application (the Paris route) or enter the PCT national phase. Patent filing limitations and requirements in Georgia are consistent with generally accepted international practices.
Prosecution is conducted in the Georgian language only.
GEORGIAN INVENTION PATENT
Georgian patent examination consists of formal (2 months from the filing date) and substantive examinations (to be requested within 2 months after the completion of the formal examination). Prosecution of a Georgian patent application takes on average 1.5 - 3 years, depending on the volume of the application materials and the complexity of examination.
The Georgian patent term is 20 years; it can be extended by an additional 5 years for Georgian pharmaceutical inventions.
GE patent costs depend on the volume of the patent application, including the number of independent claims. Please provide us with the application particulars so we can calculate the filing costs.
Deadlines for filing a patent application in Georgia are:
Exception to lack of novelty (novelty grace period) in Georgia is 12 months from the first disclosure done before the filing (priority) date 1) by the inventor or his legal successor; 2) to a third party confidentially; 3) by an act of bad faith against the inventor or his legal successor.
Georgian non-resident applicants must be represented by local agents who are registered Georgian patent attorneys. Powers of attorney must be provided in original within 2 months after the patent application has been filed with Sakpatenti.
Patent filing requirements in Georgia:
A GEORGIAN UTILITY MODEL PATENT relates to the same subject matter as an invention patent, i.e. a product, a process, or a new use thereof. The main difference is that a Georgian utility model should only have one independent claim. Only local novelty is checked during the substantive examination, which is carried out within a month of the completion of the formal examination. On average, obtaining a utility model patent may take one year.
A utility model patent (instead of an invention patent) can be requested by the applicant when entering the PCT national stage.
Sojuzpatent will help you to file your patent applications with the Georgian Patent Office in any technical field with assistance of reliable local agents and will help you professionally through each step of the examination and granting. Our attorneys will take on all the substantive issues in every field of art, our state-of-the-art docketing system will help to keep track of the due dates, and our trusted agents will ensure that all the formalities within the Patent Office are fulfilled. We also provide after-grant guidance on annuities, licenses, assignments, recordation of changes, legal enforcement, litigation, negotiations, mediation, and dispute resolution.
Do I have to prove the legal interest for filing a nullity action against a Russian patent?
According to Russian patent legislation, any person who became aware of violations of patent law can file an invalidation action to the Russian Patent office (or to the court in case the violation relates to the list of the inventors/applicants) during the term of validity of the patent. However, only a person having legal interest in invalidating the patent can file an invalidation request after the expiry of the patent.
For most disputes related to patent invalidation/trademark cancellation, the venue is determined directly by Russian law. It is either the Federal executive authority in the sphere of intellectual property (Rospatent, the Chamber for Patent Disputes) or the Court for Intellectual Property Rights. For the remaining invalidation/cancellation actions (a few rare types of cases) the venue is defined according to general rules depending on the defendant's address.
At the same time, in infringement lawsuits, forum shopping is possible when the claimant can name multiple persons as co-defendants (e.g. manufacturer/importer, wholesalers, and retailers). In such cases, the claimant has the option to choose with which territorial court to file their action.
How can I transfer the Russian part of an international patent application (PCT) and of a Eurasian patent (application)?
The Russian part of a PCT application (as any Russian patent or patent application) can be transferred/assigned to another party on the base of an agreement between the parties (the recordation of the transfer of rights under a Russian patent takes about two months within the RUPTO plus preparation work).
A transfer/assignment of a Eurasian patent (patent application) can only take place with regard to all the contracting states (Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan). Therefore, if the patent holder intends to transfer their patent rights with regard to Russia only, they will be unable to do so as long as the Eurasian patent is maintained in force in other countries. (And even if the patent holder has recently stopped paying annuities for some countries, the 3-year reinstatement right would be transferred together with the Eurasian patent).
Can an inventor file an application for an invention that was disclosed by the inventor in specialized literature earlier?
There is a so-called six month novelty grace period. The disclosure of information relating to the invention by the inventor, applicant or by any person having obtained the information directly or indirectly from them (including when invention is displayed at an exhibition), as a result of which information on the subject matter of the invention has become publically available, does not destroy the novelty of the invention provided that the patent application was filed with the RUPTO within six months from the date of the information disclosure.
Are software methods patentable in Russia?
Computer programs (software) are not considered inventions per se, but a software algorithm may under certain conditions be patented in the form of a method (method of processing, transmitting, converting data, etc.). Under Russian legislation, a patentable method consists in carrying out actions over material objects with the help of material means. An application for the grant of an invention patent may relate to an algorithm of a computer program described in the form of a sequence of actions on signals (material objects) providing a technical result achieved by means of a computer device (material means). In such cases, there are grounds for recognizing the claimed object as a technical solution having a technical result.
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