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Patent

Our Service - Patent

Patentability

A patent can be granted for a product or a process which is new, involves an inventive step and is industrially applicable. An invention shall be considered as an inventive step, if it is not obvious to a person skilled in the art. An invention shall be considered industrially applicable if it can be made or used in industry.

Not Patentable
  • Discoveries, scientific theories, and mathematical methods
  • Computer programs and algorithms
  • Schemes, rules, or methods for doing business, performing mental acts or playing games
  • Solutions that are contrary to public health or environmental protection
Protection

A patent is granted by the IP office which certifies the recognition of the given solution as an invention, the owner thereof having the exclusive right to exploit it for a fixed period of time, namely the patent for 20 years, and utility model for 10 years. 

Priorities
  • In accordance with the Paris Convention /12 months/
  • National phase of a PCT-application: 30-31 months from the priority date
Examination

The substantive examination can be requested by the applicant during the patent application procedure, its optional. 

Publication

After the granting decision in the “Intellectual Property Information” bulletin

Annuities

Annuity fee is to be paid at fixed intervals to maintain the patent in force. The fee for the first five years is to be paid within six months of the date of the decision to grant the patent. The fees for the subsequent periods shall be paid within six months prior to the end of these periods.

Objection

If the invention has not been admitted, a copy of the examination report is sent to the applicant within thirty days from the date of the establishment of the report. The applicant may file an objection if he disagrees with a decision of the Office. 

Opposition

Possible within three months after publication. If a notice of opposition is received or a dispute arises, the grant of a patent is put off to its settlement.

Grace period

Possible within six months from the date of expiration of that time limit. A surcharge of the same amount as the fee is to be paid.

Infringement

A person who commits a violation of the patent is liable to a fine and compensation in accordance with the civil code of Mongolia. 

Invalidation of patents

Patents may be invalidated on request of any interested person by the court if they do not meet “patentability” requirements, if disclosure is intentionally incomplete or misleading, thus rendering working impossible.

License

Must be registered with the Intellectual Property Office. A license contract for the exploitation of an invention related to methods of treatment of the human body or animal, for diagnostics and prophylaxis of human or animal diseases, to plant or animal varieties or biological processes to produce plants and animals, to strains of microorganisms and medium of their cultivation can only be concluded with the permission of the corresponding state administration central bodies.

Amendment to the application

During the examination procedure the applicant may correct or amend the application provided that the correction or amendment shall not go beyond the disclosure in the initial application. The applicant may also divide the application into two or more applications, provided that each divisional application shall not go beyond the disclosure in the initial application. Further, the applicant can combine 2-3 applications into one.