Patents Laws in Turkmenistan
Turkmenistan's patent system is governed by a combination of national laws and international agreements, providing a structured framework for the protection of inventions and industrial designs.
📜 Legal Framework
Law No. 867-XII (1993): This foundational law regulates the creation, legal protection, and use of inventions, industrial designs, trademarks, and service marks in Turkmenistan. It establishes the Patent Department at the Cabinet of Ministers (Turkmenpatent) as the authority responsible for patent matters.
Law No. 106-V (2014): This law outlines the legal, economic, and organizational principles of innovation activities in Turkmenistan, aiming to foster innovation and technological advancement.
Law No. 107-V (2014): This law governs the creation and functioning of science and technology parks, which play a role in supporting innovation and technology transfer in Turkmenistan.
🛠️ Patent Types and Procedures
Limited Patent: Valid for 10 years, granted based on a local novelty examination considering prior applications and patents in Turkmenistan and the Eurasian Patent Organization.
Full Patent: Valid for 20 years, granted based on a substantive examination. Applicants may submit a copy of a patent granted by an authority conducting patentability examinations (e.g., EPO, USPTO) to support their application.
Patent Maintenance: Annuities are due annually, starting from the filing date. Fees must be paid within three months of the Notice of Allowance.
🌐 International Agreements
Eurasian Patent Convention (EAPC): Turkmenistan is a member, allowing applicants to seek protection in multiple member states through a single application.
Patent Law Treaty (PLT): Turkmenistan acceded to the PLT on April 19, 2021, aiming to harmonize and streamline patent procedures. The treaty entered into force on July 19, 2021
🏛️ Enforcement and Administration
Turkmenpatent: The national authority responsible for patent registration, examination, and enforcement.
Legal Protection: Patent holders can enforce their rights through the national courts, with support from Turkmenpatent in addressing infringements
✅ Practical Considerations
Representation: Foreign applicants must appoint a registered Turkmen patent attorney to represent them in patent matters.
Language: Patent documents are published in Turkmen, Russian, and English.
Innovation Support: Science and technology parks offer advisory services on patent and licensing matters, fostering innovation and technology transfer.
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