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.
I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?
According to Article 1361 of the Russian Civil Code, the person who has in good faith used a solution identical to the patented invention before its priority date, retains the right to use the same solution without increasing the scope of its use (the right of prior use). Therefore, the patent holder is entitled to request from the said person that the volume of use not be increased.
It is important to note that if the other party is able to prove that prior use de facto represented public prior use/open use (which means, in general terms, that the solution has been disclosed to the public in sufficient details), there is a threat of the patent’s invalidation on the grounds of lack of novelty.
What is the process for validating a Eurasian patent in the respective countries?
One of the convenient features of the Eurasian patent system is the absence of a separate validation procedure. The patent holder chooses the countries in which the patent should be valid simply by paying the requisite annuities. The annuities are paid to the Eurasian Patent Office, and the patent is automatically valid in all the countries for which the payments have been effected.
And even if a patent is declared invalid in some countries due to non-payment of the annuities, it can be reinstated in any of the countries within three years.
What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?
There are three different ways of accelerating prosecution of patent applications in Eurasian Patent Office:
Can I get a patent term extension in Russia?
In case more than five years have lapsed between the filing date of an application for an invention related to a medication, pesticide or agrochemical product (if its use requires authorization) and the date of the first marketing authorisation, the term of the patent shall be extended upon request of the patent owner by the Russian Patent and Trademark office. The term shall be extended for the period computed from the filing date of the patent to the date of the first authorisation minus five years, with the proviso that the term of the patent may not be extended for a period exceeding five years.
The request for extension of the term should be submitted by the patent owner during the term of the patent’s validity within six months after obtaining the first authorisation or of the patent grant, whichever comes last.
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.
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