The following documents are necessary for the filing patent applications
National Patent applications, European Patent applications,
Eurasian Patent applications and PCT patent applications
Description of invention, Claims, Abstract, Drawings, Priority data and number of first application (for conventional applications). If the priority is a multiple then necessary to indicate the dates and conformable to them the numbers of the first applications. The data concerning the author(s) and applicant(s), namely a full name and the address. If the applicant is the employer to whom the author has assigned the rights for receiving the patent under the contract or the applicant is simultaneously the inventor then it necessary to indicate in data on the patent application. These documents must be present in two copies.
Attested copy of the first application for patent applications with conventional Priority (certified by notarially or by PTO); Note: The term between date of filing of the first patent application and date of filing in Patent Office of the parallel application must not exceed 12 months. This document must be filed for three months from the filing date of the patent application.
Within one month from the date of filing patent application is necessary to present following documents in one copy:
- Power of Attorney in simple written form (not need in notarized or legalized form);
- Document about payment of the official fee for the filing of the Patent application.
- Translation of the invention description, claims and abstract in the Russian or Turkmen language
(If there is no opportunity to present such translation then we ourselves can execute this translation).
For the international applications that have entered a national or regional phase in addition to set forth above documents it is necessary to present following documents (except the copy of first patent application for confirming the conventional priority):
- Simple copy of title-page of WIPO publication;
- Simple copy of International Search Report (the form PCT/ISA/210);
- Simple copy of International Preliminary Examination Report (the form PCT/IPEA/409, if any);
The deadline of the entering of the international application in a national phase by means of filing of the patent application in Patent department of Turkmenistan constitutes 31 month from the date of a priority (Chapter II of the PCT).
For acceleration of procedure of issuing of the patent of Turkmenistan with the term validity of 20 years at any stage of the proceedings of the patent application for confirmation of patentability of invention it is necessary to present a copy of the decision about issuing of the patent or a copy of the given patent under the parallel patent application of one of such countries, as Australia, Austria, Canada, China, ЕПВ, Russia, Spain, the USA, Sweden, South Korea or Japan.
According to the Law of Turkmenistan about inventions and industrial designs the applicant can receive the limited patent with term validity of 10 years or the patent with term validity of 20 years. For receiving the limited patent with term validity of 10 years the examination on inventive level and novelty the Patent Department performs only in a database which available in Turkmenistan. It is the accelerated variant of receiving of the protection document. In the subsequent according to the law it is possible to transform the limited patent to the patent with term validity of 20 years. Term of validity of the patent for medical remedies, pesticides or agrochemicals can be prolonged for a further additional five years at the request of the owner of the patent (The common term of validity of the limited patent in this case wills constitutes 15 years and the patent of 25 years).
Term of issuing to the applicant of the Turkmenistan patent constitutes from 6-12 months (the limited patent) till 1-5 years (the patent with validity of 20 years) and depends mainly on efficiencyof granting of a copy of the decision about issuing of the parallel patent or a copy of such patent issued by one of the mentioned above countries.
The following documents are necessary for registration of the patent Assignment:
Power of Attorney from the assignee (legalization or notarial certification is not need)
The document about payment of the official fee for recording Patent Assignment
Notarized Assignment deed signed by assignor and assignee, or
Notarized Statement / Declaration, or
Notarized Certificate of Assignment, or in case of urgency
Photocopy of the notarized Design assignment or notarized document about Design transference in results of firms’ merger signed and sealed by assignor and assignee.
Attached list of Designs designed to assignment from assignor to assignee.
The legalization of mentioned documents by Hague Appostille or Consulate is not need.
Common time from filing of petition till registration of the Design assignment in the State Register of Turkmenistan usually no more than 1- 3 months.
Necessary documents for the filing Design Applications:
1. Drawings
А) If drawings include image-related text then necessary for us one copy of the drawings as we should present image-related text in Turkmenian language. It will demand scanning of drawings with the subsequent including to them of new image-related text in Turkmenian language. If drawings do not include image-related text then they should be presented in 4 copies
B) Well executed copies of drawings serviceable enough.
C) Use of shading, of dashed lines on drawings is permitted.
The copy of the first application for confirmation of a convention priority shall be certified notarially. The convention document can be certified by a patent office also. In this case it notaries reassuring is not required. Design patent application with conventional priority should be filing to patent Department of Turkmenistan not later than during 6 months from the filing date of the first application. Applicant note: the convention document should be presented within 3 months from the date of application filing
2. Deed of assignment (if any) should be notarially certified (legalisation is not required).
3. The following additional documents are necessary for filing design Patent application:
А) The description in English or in French or in German or in Russian in 4 copies (let shortly but with an explicit statement of the list of essential features. We ourselves shall make translation of the description to Turkmenian.
B) Complete set of photos in 4 copies if they are necessary for clearer fathoming of essence of a design application.
C) The ergonomic circuit, assembly card in 4 copies if they are necessary for design application disclosure.
D) Document about filing fee in 1 copy.
E) Power of attorney in simple written form in 1 copy (not notarized or legalized).
According to the new Law of Turkmenistan about inventions and industrial designs the applicant can receive the limited patent with validity of 10 years or the patent with validity of 15 years. For the limited patent with validity of 10 years the examination on originality and novelty is executes only in a database available in Turkmenistan. It is fast variant of the protection document receiving.
If the applicant wants to receive patent with validity of 15 years then it is necessary to present for acceleration of receiving of the patent a copy of the positive decision in 1 copy or a copy of the given parallel patent for the given industrial designs to one of such patent departments of the countries of world, as: Australia, Austria, China, Spain, EPO, Japan, South Korea, Russia, Sweden, Canada, Finland or the USA.
Term of the issuing to the applicant of the protective document of Turkmenistan for industrial design can change from 7-12 months (the limited patent) till 1-5 years (the patent with validity of 15 years). In the latter case the term of the patent issuing depends mainly on efficiency of presenting of a copy of the decision on issuing of the parallel patent or a copy of such patent given by one the mentioned above countries.
The following documents are necessary for registration of the Design Assignment:
Power of Attorney from the assignee (legalization or notarial certification is not need)
The document about payment of the official fee for recording Design Assignment
Notarized Assignment deed signed by assignor and assignee, or
Notarized Statement / Declaration, or
Notarized Certificate of Assignment, or in case of urgency
Photocopy of the notarized Design assignment or notarized document about Design transference in results of firms’ merger signed and sealed by assignor and assignee.
Attached list of Designs designed to assignment from assignor to assignee.
The legalization of mentioned documents by Hague Appostille or Consulate is not need.
Common time from filing of petition till registration of the Design assignment in the State Register of Turkmenistan usually no more than 1- 3 months.
Last Updated ( Friday, 20 November 2009 13:03 )