Legal notes to patent registration in Tajikistan

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Patent registration in Tajikistan. Tajikistan, officially the Republic of Tajikistan, is a landlocked country in Central Asia. Tajikistan is a developing country with a transition economy that is highly dependent on remittances, aluminum, and cotton production. Tajikistan is a member of the United Nations, CIS, OSCE, OIC, ECO, SCO, and CSTO as well as a NATO PfP partner. 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 Tajikistan.

Patent in Tajikistan

According to Tajikistan law, a patent in this country is a grant of a property right given by the Government to an inventor. With a patent, the inventor, or the patentee will have the right to exclude others from making, using, offering for sale, selling the invention in a country, or importing the invention into a country, along with other rights to protect their best interests.

To be patentable in Tajikistan, an invention must satisfy the requirement of new, inventive, and industrially applicability.

In addition, an invention that is patentable can also be an improvement on existing items or methods.

The novelty grace period in this country is 6 months.

On the other hand, the subjects that are unpatentable in Tajikistan are:

  • Discoveries, laws of nature, and mathematical methods;
  • Aesthetic designs;
  • Systems, rules, and methods for the performance of mental labor, games or management, computer programs;
  • Presentation of data and abstract ideas.

Necessary documents for patent registration in Tajikistan

The necessary documents for patent registration in Tajikistan include:

  • The request to grant a patent (patent application);
  • Detailed information on the applicant(s) including the applicant’s names, addresses, 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 official language of patent applications in Tajikistan is Tajik or Russian. Filing in other languages is possible but a translation into Tajik or Russian will be needed.

The procedure for patent registration in Tajikistan

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

After the formality examination, applicants need to request the substantive examination within 3 years from the filing date of the application. Extension or restoration of this term is not possible.

It should be noted that the applicants may amend the application before the decision to grant a patent is issued. The amendment within 3 months from the filing date will incur no official fees.

Normally, the entire procedure of patent registration in Tajikistan will last for about 3-4 years.

Once granted, the patent will have a 20 years of validity counting from the filing date.

In addition to the traditional filing method, applicants can also register their patent through the PCT to obtain international protection for every PCT country, including Tajikistan.

You can see a list of Tajikistan IP firms here.

 

 

 

 

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