- CHAPTER I. GENERAL PROVISIONS
- CHAPTER II. SAKPATENTI
- CHAPTER III. PATENTABILITY
- CHAPTER IV. INVENTOR AND PATENT OWNER
- CHAPTER V. FILING AN APPLICATION
- CHAPTER VI. PATENT EXAMINATION AND GRANTING OF PATENT
- ARTICLE 32. Examination of Application
- ARTICLE 33. Confirmation of the Application Filing Date
- ARTICLE 34. Examination of Formal Requirements
- ARTICLE 35. Substantive Examination
- ARTICLE 36. Procedure for Deciding on the Substantive Examination of Application
- ARTICLE 37. repealed -
- ARTICLE 38. repealed -
- ARTICLE 39. repealed -
- ARTICLE 40. Decision on Granting a Patent and Publication
- ARTICLE 41. Granting a Patent
- ARTICLE 42. Decision Refusing a Grant of Patent
- ARTICLE 421. Re-Examination of an Invention
- ARTICLE 43. repealed -
- ARTICLE 44. repealed -
- ARTICLE 45. Recalling an Application
- ARTICLE 46. Extension and Restoration of Procedural Terms
- ARTICLE 47. Service Fee
- CHAPTER VII. SCOPE OF EXCLUSIVE RIGHTS DERIVING FROM PATENT
- ARTICLE 48. Scope of Exclusive Rights
- ARTICLE 49. repealed -
- ARTICLE 50. repealed -
- ARTICLE 51. Conditional Rights
- ARTICLE 52. Limitation of Exclusive Rights
- ARTICLE 53. Right of Prior Use
- ARTICLE 54. Revocation of the Patent
- ARTICLE 55. Right of Further Use
- ARTICLE 56. repealed -
- ARTICLE 57. Invalidation of a Patent
- ARTICLE 58. Results of Patent Invalidation
- CHAPTER VIII. TRANSFER OF PATENT RIGHTS AND PRIVATE LICENSE ON THE USE OF PATENT
- CHAPTER VIIII. PATENT LEASE
- CHAPTER IX. repealed -
- CHAPTER X. repealed -
- CHAPTER XI. repealed -
- CHAPTER XII. UTILITY MODEL
- CHAPTER XII. INTERNATIONAL APPLICATION
- CHAPTER XIII. TRANSITIONAL PROVISIONS
- CHAPTER XIV. FINAL PROVISIONS
CHAPTER I. GENERAL PROVISIONS
ARTICLE 1. Scope of Regulation
This law regulates relations in connection with the creation, use and legal protection of inventions and utility models.
ARTICLE 2. Use of Terms
1. Terms used in this law shall have following meaning:
a ) legal entity of public law - National Intellectual Property Center of Georgia "Sakpatenti” - an independent agency operating in the field of intellectual property protection (hereinafter -Sakpatenti );
b) International Bureau - International Bureau of the World Intellectual Property Organization;
c) Paris Convention - the Paris Convention for the Protection of Industrial Property, signed in Paris on March 20, 1883, as revised and amended in Stockholm on July 14, 1967 and on September 28,1979;
d) Patent Cooperation Treaty (PCT) - multilateral international treaty, signed on June 19, 1970 revised on September 28, 1979, amended on February 3, 1984;
e) repealed;
e1) Inventor – an individual who has created an invention by creative intellectual effort.
f) Patent - a document issued in the name of the patent owner in accordance with this law, confirming exclusive rights of the patent owner for the moment of its issuance;
g) repealed;
h) Applicant – an individual or legal entity applying for a patent;
i) Application - collection of documents necessary for grant of a patent under this law;
j) International application – an application drafted and filed under the Patent Cooperation Treaty;
k) repealed;
l) Priority - privilege enjoyed by an application filed earlier, in respect to the later application;
m) Convention priority - priority established under Article 4 of Paris Convention entitling the applicant to exercise such priority in member state to the Paris Convention or the World Trade Organization;
n) Exhibition priority - priority established under Article 11 of Paris Convention entitling the applicant to exercise such priority in member state to the Paris Convention or the World Trade Organization;
o) repealed;
p) Depository – an authorized organization that stores biologically reproducible material.
q) Medical product - for the purposes of this law, active substance or combination of active substances intended for human or animal treatment or prevention of disease, as well as substance or combination of substances that could be prescribed to human or animal for medical diagnosis and recovery, correction or modification of physiological function.
ARTICLE 3. repealed -
ARTICLE 4. repealed -
ARTICLE 5. Validity of Patent for an Invention
1. Term for patent protection of an invention is 20 years from the date of application to Sakpatenti.
2. repealed;
3. repealed;
4. repealed;
5. Patent validity of an invention related to medical product, which requires consent of competent authority for entry into the Georgian market, can be extended by request of the patent owner for additional term which corresponds to the period from the date of application to Sakpatenti until receiving consent from the competent authority, but no longer than 5 years. Application requesting additional time for patent validity shall be submitted by patent owner within a year from the date of obtaining consent of the competent authority.
ARTICLE 6. Scope of Protection
1. The scope of legal protection of an invention is determined by claims.
2. repealed -
3. repealed -
ARTICLE 7. Confidentiality of an Invention
1. Sakpatenti grants patent in respect of an invention that is rendered confidential by competent authority for purposes of state defense only after such authority decides on declassification of an invention.
2. An invention can be kept secret for no longer than 2 years, which can be extended multiple times during validity of patent by term(s) determined by this paragraph.
3. repealed;
4. In case of rendering an invention secret, appropriate compensation is paid to the inventor in the amount and through the procedures determined by normative act of a competent authority.
CHAPTER II. SAKPATENTI
ARTICLE 8. Sakpatenti
1. Functions and competences of Sakpatenti are defined by its Statute, approved by the Government of Georgia.
2. Sakpatenti is headed by a Chairman, who is appointed and relieved by the President of Georgia upon the proposal of the Prime Minister.
3. The Chairman of Sakpatenti is appointed for a term of 4 years.
4. Article 11 of the Law of Georgia on "Legal Entity of Public Law” does not apply to Sakpatenti.
5. Sakpatenti is accountable before the Prime Minister of Georgia.
ARTICLE 9. Chamber of Appeals
1. The Chamber of Appeals is established at Sakpatenti for settlement of disputes arising from decisions of Sakpatenti on objects of intellectual property, as well as disputes related to criteria of their protection, grant of a patent, and registration of industrial property and other objects.
2. Functions and competences of the Chamber of Appeals are defined under its Statute, approved by the Chairman of Sakpatenti.
ARTICLE 10. repealed -
ARTICLE 11. Budget of Sakpatenti
1. Sakpatenti is funded by:
a) income from services related to main activities of Sakpatenti;
b) income from performing work on the basis of a contract;
c) other income permitted by law of Georgia, including income from the State Budget of Georgia.
2. Fees for services noted under par. 1(a) of this Article are approved by the Government of Georgia.
3. Fees and other income are paid to the account of Sakpatenti, managed exclusively by Sakpatenti. Unspent funds from the current year shall be deferred to the budget of the following year.
4. Before 1 December of every year, Sakpatenti prepares the budget for the next year, defining total expenses of Sakpatenti and sources for their payment.
5. In extraordinary cases, funds unspent by Sakpatenti during the year may be transferred to the state budget upon instruction of the Prime Minister of Georgia.
6. The budget of Sakpatenti is approved by the Sakpatenti Chairman, in agreement with the Prime Minister of Georgia.
7. Sakpatenti has the right to acquire and dispose of property independently, except for the real estate. Sakpatenti purchases and disposes of real estate in agreement with the Prime Minister of Georgia.
CHAPTER III. PATENTABILITY
ARTICLE 12. Criteria of Patentability of an Invention
1. An invention is patentable where it satisfies the criteria of patentability - novelty, inventive step and industrial applicability.
2. An invention is novel if it does not relate to the existing state of the art.
3. An invention involves the inventive step where, for the date of establishing priority, it is not known at current state of the art.