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Frequently Asked Questions

What are the International conventions, treaties or agreements which Georgia is party to in the field of Industrial Property Protection?

What can be patented?

What is an importation patent?

How can be granted a Patent for an invention the subject matter of which is deemed to be secret?

Who can be considered to be an inventor?

Who can be the owner of a Patent?

What is the validity term of a Patent and what kind of exclusive rights are given to its owner?

Who can apply for a Patent?

Where can oppose an applicant or any other party the decision of the examination?

Who considers the litigations upon infringement of Patent/trademark owner's exclusive rights?

What are the conditions for patentebility?

What kind of privileges can be used by an inventor?

 

What are the International conventions, treaties or agreements which Georgia is party to in the field of Industrial Property Protection?
As from January 18, 1994 Georgia became party to:

Paris Convention for the Protection of Industrial Property;
Patent Cooperation Treaty; As from May, 1998 and October 1999 it became party to the following agreements, respectively:
Madrid Protocol concerning the International Registration of Trademarks;
Agreement on Trade Related Aspects of International Property
 

What can be patented?
Any invention, utility model or industrial design can be patented. The Patent gives its owner an exclusive right to the invention, utility model, or industrial design (Patent law, article 3).

What is an importation patent?
An importation patent can be granted to the foreign applicant who is an owner of a foreign patent. It is granted for the invention patented abroad, on which examination has been conducted pursuant to all the criteria of patentability. The importation patent gives the patent owner the exclusive right to use, produce or sell the goods, however, it does not give him right to prohibit the third party to import such product from abroad (Patent Law, Article 4, Paragraph 1,2,3 ).

How can be granted a Patent for an invention the subject matter of which is deemed to be secret?
A patent for an invention or utility model, which for the purposes of state defense is classified as secret by the competent body concerned, is not granted except it has been declassified on the ground of a decision taken by the competent body.
The patent is permitted to be classified as secret for 2 years term, which term is subject to the expansion by each 2 years following that term. (Patent Law, Article 7).

Who can be considered to be an inventor?
Any natural person whose intellectual and creative efforts contribute to an invention, utility model, or industrial design shall be considered inventor. Where an invention, utility model, or industrial design is created as . a result of several person's joint activities each of these persons shall be regarded as a co-inventor. (Patent Law, Article 18).

Who can be the owner of a Patent?
The right to obtain a Patent shall be given to an inventor or his/her Successor; Where an invention, utility model, or industrial design are created as a result of several person's joint creative activity the right to obtain the Patent for the invention, utility model, or industrial design are given to all of those persons jointly, or separately where there is refusal from remaining inventors to obtain such a Patent. (Patent Law, Article 19).

What is the validity term of a Patent and what kind of exclusive rights are given to its owner?
The validity term of a Patent for an invention shall be 20 years as from the date on which the application is filed with Sakpatenti. The validity term of the importation patent shall be defined by the validity term of the basic foreign patent, but it shall not be longer than 10 years as from the date of its filing with Sakpatenti.
The validity term of a Patent for a utility model shall be 8 years as from the date on which the application is filed with Sakpatenti.
The validity term of a Patent for an industrial design shall be 15 years as from the date on which the application is filed with Sakpatenti. The patent owner shall have an exclusive right: to use the an invention, utility model, or industrial design at his/her own discretion; to produce the goods protected by a patent; to put the object protected by the Patent into economic circulation; to gain profit by its exploitation, or prohibit the above mentioned actions to others.
The patent owner disposes an invention, utility model, or industrial design at his own discretion. He can sell or through other way assign the patent, issuea license according to the established rule. If the exclusive right of the patent owner extends to the patent, the subject matter of which is a method for obtaining a new product, any similar product made by another party shall be deemed to be obtained by this method, except proved othewise.

Who can apply for a Patent?
An application can be filed by an inventor, employer, or their successor in title. Where an invention, utility model, or industrial design is created by more then one person's creative activity those persons file the patent application jointly on the basis of mutual agreement notwithstanding the case where the creative share of each person is different.
In case one of the inventor refuses to file an application, the right to file the application is given to the other inventors.

Where can oppose an applicant or any other party the decision of the examination?
An applicant or any other party concerned shall have the right to oppose the patent examination decision at Sakpatenti Chamber of Appeals within three month from the date of taking the decision. The decision of the examination on an application for a trademark registration shall be opposed at the Chamber of Appeals within three month after taking the decision. The Chamber of Appeals shall consider the appeal within two month from the date of its filing.

Who considers the litigations upon infringement of Patent/trademark owner's exclusive rights?
In the case of the exclusive rights infringement the Patent/trademark owner can appeal to the court. The infringements of the exclusivre right of the patent owner can be as follows: Production, use, or inclusion in economic circulation, or other use of a patent on the invention, utility model, or industrial design without the permission of a patent owner, or disclosive of its essence prior to the publication of the data on them by Sakpatenti, disclosure of secret invention, utility model, or misappropriation of inventorship.

What are the conditions for patentebility?
Any invention can be patentable if it satisfies the three criteria, namely, it is novel, has an inventive step and is susceptible to industrial applicability.

What kind of privileges can be used by an inventor?
Any inventor at any stage of the pending application procedure is entitled to use his/her name in the title of an invention or use a special title for this purposes. On the basis of the petition of the Society of Inventors and Rationalizers an applicant may be exempted from payment of any procedural fees with the exception of annual fees paid for patent maintenance. Also, other privilages can be contemplated which are regulated by the legislation of Georgia.


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