Patents Laws in Mongolia
Certainly! Here's an overview of patent laws in Mongolia, including the legal framework, protection scope, application process, and enforcement mechanisms:
🇲🇳 Patent Laws in Mongolia
1. Legal Framework
Governing Law: The primary legislation for patents in Mongolia is the Patent Law of Mongolia, enacted on June 25, 1993, and amended on May 21, 1999.
International Agreements: Mongolia is a member of several international treaties, including:
Paris Convention for the Protection of Industrial Property: Enables applicants to claim priority for their patent applications in other member countries.
Patent Cooperation Treaty (PCT): Allows for international patent applications designating Mongolia.
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): Sets minimum standards for the regulation by national governments of different forms of intellectual property.
2. Patent Protection
Eligible Inventions: Patents are granted for inventions that are new, involve an inventive step, and are industrially applicable.
Exclusions: Certain subject matters are excluded from patentability, including:
Discoveries, scientific theories, and mathematical methods.
Aesthetic creations.
Schemes, rules, and methods for performing mental acts, playing games, or doing business.
Computer programs.
Presentations of information.
3. Duration and Renewal
Patent Term: The maximum term of a patent in Mongolia is 20 years from the filing date.
Maintenance Fees: Annual maintenance fees must be paid to keep the patent in force.
Late Payment: A grace period of six months is allowed for late payment, subject to a surcharge.
4. Application Process
Filing: Patent applications can be filed directly with the Intellectual Property Office of Mongolia (IPOM).
Language: Applications must be submitted in Mongolian.
Examination: Mongolia conducts a formal examination of patent applications to ensure compliance with procedural requirements. However, there is no substantive examination to assess the novelty or inventive step of the invention.
Grant: If the application meets all formal requirements, the patent is granted and published in the official patent register.
5. Enforcement and Infringement
Legal Action: Patent holders can take legal action against infringers in the Mongolian courts.
Remedies: Available remedies include
Injunctions to stop the infringing activity.
Damages to compensate for losses suffered.
Seizure and destruction of infringing goods.
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