Required documentation for Patent realization

According to legislation and legal acts of Turkmenistan, following documents are required for filing national and regional application for invention: 

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 numbers of the first applications. The data concerning the author (s) and applicant (s); namely a full name and the address. All those documents must be presented in 2 copies.

Further documents have to be filed to Turkmenpatent within 2 months after application’s filing date:

1) The document which verifies the payment of official fees to Turkmenpatent for filing in the patent application

2) Power of Attorney (produced in simple written form, does not need legalization or verification by notary public)

3) At the time of application filing or in duration of not more than three months after application filing date the copy of the first application (attested by notary public or Patent Office) must be presented to Turkmenpatent (if conventional priority is claimed). However, it has to be taken into consideration that in order to maintain conventional priority the time period between the date of the first application and the date of parallel application shall not exceed 12 months.

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 it needs to be indicated in the patent application.

For the international applications that have entered a national or regional phase in addition to defined above documents it is necessary to present following additions (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;

In accordance with the Law of Turkmenistan About the legal protection of Inventions (2017), an applicant can obtain a limited patent with a validity period of 10 years or a patent with a validity period of 20 years. Upon receipt of a limited patent with a validity period of 10 years, an examination of the inventive step and novelty is carried out only on the basis of the data available in Turkmenistan. If the applicant wishes to obtain a patent for an invention with a validity period of 20 years, then in addition to the Turkmenpatent it will be necessary to provide a copy of the decision of patent granting or a copy of the issued patent under a parallel patent application by one of the countries that have been given the right to conduct an international preliminary examination (IPE), or a positive decision of the IPE.     

      The term of patent issuing to the applicant in Turkmenistan constitutes from 12 months and over (the limited patent) till 1-5 years (the patent with validity of 20 years).

Remark: At the client’s request, the patent search procedure is available.

The patent search procedure can be done based on the applicant’s name, patent owner’s name or using the key words of invention’s title. The search result is presented as a report in Russian and/or English languages (at the client’s request). The name of the applicant or patent owner, application or patent number, priority dates, title of the invention, application’s filing dates, patent’s registration numbers and dates, author’s names also will be provided in a report. The search results will reflect only those inventions that will be filed in based on national procedure, inclusive that one’s which related to international non-patent denomination. The information about international non-patent denomination, which was not patented as invention in Turkmenistan but has been registered in Registration and Quality control center of Ministry of Health and Medical Science will not be included in a report.

20.01.2021, 26 просмотров.