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COUNTRY : MONGOLIA
CAPITAL : ULAN BATOR
LANGUAGE : MANGOLIAN CYRILLIC
Patents are granted by the Intellectual Property and State registration office of Mongolia
INTERNATIONAL TREATIES TO WHICH MONGOLIA IS SIGNATORY
- Paris Convention for the Protection of Industrial Property
- Patent Cooperation Treaty
- Strasbourg Agreement Concerning the International Patent Classification
PATENT LEGISLATION IN MONGOLIA:
The legal system in Mongolia is based on the Romano – Germanic tradition of Law.
Patents in Mongolia are governed by: Patent Law of Mongolia of June 25, 1993 (as last amended on May 21, 1999)
BASICS REGARDING PATENTABILITY OF INVENTIONS IN MONGOLIA:
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new & novel it is not predictable owing to prior publication, prior use or prior public knowledge.
(ii). Inventive Step: Apart from the invention not being obvious to a person skilled in the art, inventive step would be a feature of an invention that involves either:
- A technical advancement compared to the existing knowledge
- Having economic significance or,
(iii). Industrial Application: An invention must be capable of industrial application, which means, the invention should be capable of being made or used in an industry.
INVENTIONS NOT PATENTABLE IN MONGOLIA:
- Inventions which are frivolous, contrary to well established natural laws.
- Inventions primarily intended to be against public order and morality such as equipment to produce counterfeit currency.
- Mere discovery of a scientific principle or formulation of an abstract theory.
- Mere discovery of a new form of a known substance not resulting in the enhancement of the known efficacy of that substance.
- Mere arrangement or re-arrangement or duplication of known devices resulting in each functioning independently of one another in a known way.
- Methods of horticulture or agriculture.
- Processes for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatments of human beings and / or animals.
- Biological processes for production or propagation of plants and animals.
- Mathematical, business methods, computer programs per se.
- Aesthetic creations.
- Inventions relating to traditional knowledge.
- Inventions relating to atomic energy.
- Methods of performing mental acts or playing games.
- Topography of integrated circuits
PartityPatents through it’s associate Law Firms in Mongolia, is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN MONGOLIA:
- Names of the applicants.
- Addresses of the applicants.
- Names of the inventors.
- Addresses of the inventors.
- Priority data.
- Complete specification in Spanish.
- Set of claims.
- Drawings if any.
- Priority documents.
- Proof of right in a convention application.
- Simple PoA without Legalisation and Notarisation
EXAMINATION OF THE PATENT APPLICATION IN MONGOLIA:
- Upon receipt, the patent application is examined for formalities compliances and fulfilment of all requisites.
- After formalities examination, patent application is published in the Gazette.
- Patent application found to be in compliance with all requisites and not in contravention of any acts and rules and no opposition or objection forth coming, is registered and patent granted to the invention.
RIGHTS OF THE PATENTEE IN MONGOLIA:
RIGHTS & DUTIES OF THE PATENTEE:
Rights: As concerns both patented products as well as processes, the patentee shall have the exclusive right to prevent 3rd parties in Mongolia from:
- Offering for sale
- Selling or importing the product as well as such product obtained directly from the patented process.
- To ensure that the patents granted are worked on a commercial scale and to the fullest extent reasonably practicable without undue delay.
- Patentee should ensure that patents granted do not impede protection of public health and nutrition and should act as instruments to promote public interests.
- The patent shall not be abused by the patentee or persons deriving the title or interest on the patent.
- Patentee to not resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology.
COMPULSORY LICENCES OF PATENTS IN MONGOLIA:
At any time after the expiry of 3 years from the grant of a patent or 4 years from the date of patent application interested parties may apply for grant of compulsory licenses on the following grounds:
- When reasonable requirements of the public with respect to the patented invention have not been satisfied.
- When patented invention is not available to the public at reasonable and affordable prices.
- When patented invention is not worked on the territory of Mongolia.
- When national emergencies, circumstances of extreme urgency arise.
ParityPatents through its specialist Patent Lawyers and Patent Attorneys in Mongolia can comprehensively assist you with Compulsory Licence matters.