Legal notes to patent registration in Mongolia

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Patent registration in Mongolia. Mongolia is a landlocked country in East Asia. Monaco has a population of just 3.3 million, making it the world’s most sparsely populated sovereign nation. Economic activity in Mongolia has long been based on herding and agriculture, although the development of extensive mineral deposits of copper, coal, molybdenum, tin, tungsten, and gold have emerged as a driver of industrial production. Because of a boom in the mining sector, Mongolia had high growth rates at the beginning of the 21st century. In addition, in February 2011, Citigroup analysts determined Mongolia to be one of the “global growth generating” countries, which are countries with the most promising growth prospects for 2010–2050. Accordingly, many businesses want to enter this market and one of the most important preparations a business needs to take before expanding to this country is to learn the procedure of patent registration in Mongolia.

Patent in Mongolia

To be patentable in this country, an invention must meet the requirements of novelty, inventiveness, and industrial applicability.

However, if the disclosure of the invention in the patent application in Mongolia is absolutely necessary, the applicant should enter into a non-disclosure agreement with the third parties to whom the invention would be disclosed in order to protect their rights.

Meanwhile, the unpatentable subjects in Mongolia are:

  • Discoveries, scientific theories, and mathematical records;
  • Plant or animal varieties or essentially biological processes for the production of plants or animals, other than man-made living micro-organisms, microbiological processes, and the products of such microorganism processes;
  • Schemes, rules or methods for doing business, performing purely mental acts, or playing games;
  • Methods for the treatment of a human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body.

Necessary documents for patent registration in Mongolia

The necessary documents for patent registration in Mongolia include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s and inventor’s names, addresses, citizenships, etc.;
  • A description of the invention;
  • A signed and stamped power of attorney by the applicant(s);
  • A copy of the amendments (if any);
  • Priority documents (if any).
  • Other required documents.

The procedure for patent registration in Mongolia

To obtain a patent in Mongolia, the applicant needs to file their patent application to the IP Office of Mongolia.

After examining the patent application, the decision to grant the patent or not will be issued within 9-12 months from the filing date in normal circumstances.

However, on strange circumstance in which there are absolutely no refute or conflict of the inventions, the patent will be granted to the applicant within 3 months from the publication date.

After granting, a patent will have a validity of 20 years from the filing date.

To maintain this validity, the patentee will need to pay the annual maintenance fees.

The payment for the patent validity of the first 3 years shall be paid within 6 months after the decision to issue the patent.

If the patentee misses the deadline, they may pay it back within the 6 months grace period with an additional fee.

If the patentee still doesn’t pay the maintenance fees within the grace period, the IP Office of Mongolia will invalidate the patent.

However, if the patent was indeed invalidated on the grounds of failed payment, the patent may be renewed upon the request of patentee within the general valid term of the patent (20-50 years).

You can see a list of Mongolia IP firms here.

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