PATENT LAW OF GEORGIA

 

Chapter I - General Provisions

 

Article 1 - Scope

This law regulates relations associated with the creation, use and legal protection of an invention and a utility model.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 2 - Definition of terms

Terms used in this Law have following meanings:

a) a legal entity under public law, the National Intellectual Property Centre of Georgia called Sakpatenti is an independent body acting in the field of intellectual property protection (Sakpatenti);

b) the International Bureau (IB) - the International Bureau of the World Intellectual Property Organisation (WIPO);

c) the Paris Convention - Paris Convention for the Protection of Industrial Property that was signed on 20 March 1883 (revised in Stockholm on 14 July 1967; amended on 28 September 1979);

d) the Patent Cooperation Treaty (PCT) - a multilateral treaty that was signed on 19 June 1970 (amended on 28 September 1979; modified on 3 February 1984);

e) (deleted).

e¹ ) an inventor - a natural person, who made an invention or a utility model through his/her intellectual and creative work;

f) a patent - a document issued in the name of the patent owner in accordance with this Law that confirms his/her special rights. The patent includes the letters patent and the patent description (description of the invention, formula of the invention, drawings (if any), abstract of disclosure );

f¹) c ertificate – a document issued in the name of the owner of a utility model in accordance with this Law, confirming his /her special rights;

g) (deleted);

h) an applicant - a natural or a legal person applying for a patent;

h¹) patent attorney – a natural person who is registered with the Patent Attorneys Register at Sakpatenti and carries out activities in the field of intellectual property in accordance with the legislation of Georgia;

i) an application - all documents necessary for issuance of a patent in accordance with this Law;

[h) an applicant - a natural or a legal person applying for a patent or a certificate;

h¹) patent attorney – a person provided for by Article 2(b) or (c) of the Law of Georgia on Patent Attorneys of Georgia;

i) an application - a set of documents necessary for the issuance of a patent or certificate in accordance with this Law; (Shall enter into force from 1 January 2025)]

j) an international application - an application signed and submitted under the requirements of the Patent Cooperation Treaty;

k) (deleted);

l) priority - the advantage of an application over another later application;

m) Convention priority right - a priority right established in accordance with Article 4 of the Paris Convention, which the applicant may exercise in a Paris Convention member country or other country of the World Trade Organisation;

n) exhibition priority right - a priority right established in accordance with Article 11 of the Paris Convention, which the applicant may exercise in a Paris Convention member country or other country of the World Trade Organisation;

o) (deleted);

o¹) Budapest Treaty – ‘Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure’ (signed on 28 April 1977, amended on 26 September 1980);

o²) biological material - material that contains genetic information and that has the ability to self-reproduce or that can be reproduced in a biological system;

p) depository - an international depository institution under the Budapest Treaty where biological material is stored;

q) pharmaceutic product – for the purposes of this Law, any patentable product or a product made by patentable methods that is intended for the treatment or prevention of human or animal diseases, and that may as well be administered to humans or animals for medical diagnosis and the restoration, correction, or modification of physiological functions. The active ingredient used in the manufacture of the above product and the diagnostic means required to use the product are also considered to be a pharmaceutical product;

r) plant health products - for the purposes of this Law, chemical or biological preparations used against plant diseases and their carriers, pests and weeds, against diseases of stored agricultural products, as well as against pests and rodents, also for the regulation of plant growth, defoliation of plants (defoliants) before harvesting, desiccation of plants (desiccants), and for decontamination of warehouses, storing houses, vehicles, greenhouses, soil, vegetable and other products subject to plant and phytosanitary control;

s) supplementary protection certificate - a document issued by Sakpatenti extending the validity of the patent for a pharmaceutical product and/or plant health product that are admitted to the Georgian market on the basis of the authorisation of or registration with an authorized body;

t) authorised body - a body authorised to register plant health products for admission to the Georgian market or a body authorised admit pharmaceutical products to the Georgian market in accordance with the legislation of Georgia;

u) bulletin – an official industrial property bulletin issued by Sakpatenti;

v) European patent application – a European patent application filed under the European Patent Convention (EPC) as well as an international application filed under the Patent Cooperation Treaty (PCT) for which the European Patent Office (EPO) is ‘the designated office’ or ‘the selected office’ which has been granted the date of international filing and where Georgia is indicated;

w) validated European patent – a European patent issued by the European Patent Office (EPO) on a European patent application, on the basis of which validation of the European patent was requested in Georgia;

x) validation of the European patent - recognition of the validity of the European patent application and the European patent in the territory of Georgia on the basis of the request;

y) validation agreement - an agreement between the Government of Georgia and the European Patent Office on Validation of European Patents (validation agreement) (signed on 31 October 2019);

z) national patent application – an application for an invention filed with Sakpatenti in accordance with this Law;

z¹) national patent – a patent for an invention issued by Sakpatenti on the basis of a national patent application in accordance with this Law.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

Law of Georgia No 4167 of 15 May 2024 – website, 29.5.2024

 

Article 3 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 4 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 5 - Validity term of a patented invention

1. The validity term of a patented invention is 20 years from the filing an application with Sakpatenti.

2. (Deleted).

3. (Deleted).

4. (Deleted).

5. For the patent of an invention relating to pharmaceutical products or plant health products which require the approval of or registration with an authorised body in accordance with the legislation of Georgia for their admission to the Georgian market, a supplementary protection certificate may be issued at the request of the patent owner .

6. A supplementary protection certificate shall extend the validity of the patent for an additional period, which shall be defined as the period elapsed from the date of submission of the application to Sakpatenti to the receipt of approval from the authorised body, minus five years.

7. The additional period referred to in paragraph 6 of this Article shall not exceed five years.

8. A patent owner shall file an application for a supplementary protection certificate with Sakpatenti within six months from the date of receiving the approval from the authorised body. If the approval of the authorised body has been granted / registration has been completed prior to granting the patent, the patent owner must file the application within six months from the issuance of the patent.

9. Sakpatenti shall make a decision with regard to issuing a supplementary protection certificate or on refusing to issue a supplementary protection certificate within a month after receiving the application for a supplementary protection certificate.

10. In the case of making a decision on issuing a supplementary protection certificate, Sakpatenti shall register the supplementary protection certificate with the Industrial Property Register and shall publish the information in the Bulletin.

11. For pharmaceutical products for which the paediatric studies have been carried out, the results of which are indicated in the product information, the additional period referred to in paragraph 6 of this Article may be extended by additional six months.

12. Procedures for issuing supplementary protection certificates shall be determined by the relevant Instructions approved by Sakpatenti.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

 

Article 6 - Scope of legal protection of an invention

1. The scope of legal protection of an invention shall be determined by the invention formula.

2. The legal protection of an invention shall apply to any object in which the set of essential signs given by the dependent clauses of the formula is taken into account.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 7 – Classified invention

1. An invention, which has been classified by the relevant competent authority proceeding from the defence capacity of the country, Sakpatenti shall issue a patent application and a patent only after it is declassified, based on the decision of the said competent authority.

2. An invention may be classified for no longer than 2 years, which can be extended several times during the patent validity term, for a period under this paragraph.

3. In the event that an invention is classified, the inventor shall be given appropriate compensation. The procedures for determining its amount and payment shall be defined by a normative act adopted by the competent authority concerned.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Chapter II - Sakpatenti

 

Article 8 - Sakpatenti

1. Functions and powers of Sakpatenti shall be defined by the legislation of Georgia, including by the regulations of Sakpatenti, which shall be approved by the Government of Georgia.

2. Sakpatenti shall be headed by a chairperson, who shall be appointed and released by the Prime Minister of Georgia.

3. The Chairperson of Sakpatenti shall be appointed for a period of four years.

4. Article 11 of the Law of Georgia on the Legal Entity under Public Law shall not apply to Sakpatenti.

5. Sakpatenti shall be accountable to the Prime Minister of Georgia.

[6. For the purpose of implementing its goals Sakpatenti shall be authorised to establish, independently or together with other persons, legal entities under private law in agreement with the Government of Georgia and in accordance with the procedure established by the legislation of Georgia. (Shall enter into force from 1 January 2025)]

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1257 of 20 September 2013 - website, 1.10.2013

Law of Georgia No 3968 of 15 December 2023 - website, 25.12.2023

Law of Georgia No 4167 of 15 May 2024 – website, 29.5.2024

 

Article 8¹ - Authority to issue a normative act

1. The chairperson of Sakpatenti shall have the authority to issue normative acts within the scope of his/her authority.

2. An order of the chairperson of Sakpatenti shall be a normative act of the chairperson of Sakpatenti.

3. The chairperson of Sakpatenti shall issue normative acts in accordance with the Law on Normative Acts of Georgia.

Law of Georgia No 3741 of 26 October 2010 - LHG I, No62, 05.11.2010, Art.381

 

Article 9 - Appeals Chamber

1. There is an Appeals Chamber at Sakpatenti that reviews disputes related to decisions made by Sakpatenti on intellectual property objects and their protection criteria, granting a patent and registration of other objects of industrial property.

2. The Appeals Chamber functions and powers shall be determined by its regulations, approved by the Chairperson of Sakpatenti.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 10 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 11 - Budget of Sakpatenti

1. Sakpatenti shall be financed by:

a) income from services related to the main activities of Sakpatenti;

b) income from services carried out on the basis of contracts;

c) other income permitted by the legislation of Georgia, including funds received from the State Budget.

2. The Government of Georgia shall approve fees for services determined by paragraph 1 (a) of this article.

3. Fees and other income shall be transferred to the account of Sakpatenti, and shall be disposed only by Sakpatenti. Funds that have not been used during a year shall be transferred to the budget of the next year.

4. Sakpatenti shall draw up a budget for the following year by 1 December of each year, where all expenditures of Sakpatenti and sources of financing shall be indicated.

5. In special cases, an amount that has not been used during the year may be transferred to the State Budget of Georgia, based on an assignment of the Prime Minister of Georgia.

6. The budget of Sakpatenti shall be approved by the Chairperson of Sakpatenti, in agreement with the Prime Minster of Georgia.

7. Sakpatenti shall have the right to purchase and dispose of property independently, except real estate. Sakpatenti shall purchase and dispose of real estate in agreement with the Prime Minister of Georgia.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter III - Patentability

 

Article 12 - Criteria of invention patentability

1. An invention is patentable in any prior art if it meets the criteria of patentability: novelty, inventive step and industrial applicability.

2. An invention is novel, if it is not part of prior art.

3. An invention involves an inventive step if it obviously does not derive from prior art for a person skilled in the art.

4. An invention is industrially applicable if it can be made or used in any kind of industry or agriculture.

5. The prior art consists of all the data that has been made available to the public before the priority date in writing, by means of verbal description, public use or in any other way.

6. When determining the novelty of an invention, prior art includes, in addition to data defined by paragraph 5 of this article, all patent applications and European patent applications filed with Sakpatenti for inventions or utility models, provided that the priority date of the applications is prior to the priority date of the application whose novelty is being established, and provided that they were published after the priority date of the application.

7. Paragraphs 5 and 6 of this article do not exclude the patentability of the substance or composition belonging to the prior art, which is intended for use in the methods provided for by Article 17(b) of this Law, unless its use in the mentioned methods belong to the prior art.

8. Paragraphs 5 and 6 of this article do not exclude the patentability of the substance or composition provided for by paragraph 7 of this article, which is intended for specific use in the methods provided for by Article 17(b) of this Law, unless its use in the mentioned methods belong to the prior art.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3278 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art.219

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 13 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 14 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 15 - Information disclosure

Data that belong to prior art shall not affect the patentability of the work presented in an application, provided that they were made available to the public not later than 6 months before the priority date of the patent application:

a) as a result of acting mala fide in relation to the inventor or his/her assignee on the part of a third party;

b) when an invention is exhibited by the inventor or his/her assignee in an official international exhibition or an international exhibition deemed to be official within the framework of the Paris Convention or in a member country of the World Trade Organisation under the Paris Convention of 22 November 1928 (as amended on 30 November 1972) on International Exhibitions.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3278 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art.219

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 16 - Objects not considered as an invention

1. The following is not considered as inventions:

a) discoveries, scientific theories, and mathematical methods;

b) artistic works;

c) algorithms and computer programmes;

d) education or teaching methods or systems, language grammar systems, methods of performing mental acts, and game or lottery rules;

e) business and organisational management methods;

f) designs of structures or buildings, or spatial and urban planning;

g) information presentation.

2. An object provided for by paragraph 1 of this article shall not be considered patentable only in the case if such an object is the subject-matter of the application.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3235 of 20 July 2018 - website, 13.8.2018

 

Article 17 - Objects in respect of which patents are not granted

Patents are not granted in respect of:

a) inventions, that are contrary to 'public order';

b) inventions, related to methods for treatment of humans or animals by surgery or therapy and diagnostic methods practised on humans or animals. This provision shall not apply to devices, substances or compositions used in any of these methods;

c) inventions related to breeds of plants or animals and, also, particular biological methods for breeding plants or animals. This provision shall not apply to microbiological methods and products received through these methods;

d) (deleted);

e) (deleted);

f) on utility models relating to strains of microorganisms, plant and animal cell cultures, objects of biotechnology and genetic engineering, substances obtained by chemical methods, including pharmaceutical substances.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

 

Chapter IV - Inventor and Right to Obtain a Patent

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

 

Article 18 - Inventor

1. A natural person, whose intellectual and creative work resulted in making an invention, utility model or industrial design shall be considered as the author of the invention, utility model or industrial design.

2. Authorship shall be a permanently protected unalienable right.

2¹. The inventor has the right to be referred to as the inventor in the application and patent.

3. At the request of an inventor, Sakpatenti shall abstain from publishing his/her name.

4. If several persons made an invention, each of them shall be considered as a co-inventor.

5. Relations among co-inventors shall be defined by a contract that they concluded. If co-inventors have not concluded any contract, they shall exercise general equal rights.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 19 - Right to obtain a patent

1. An inventor or his/her successor in title shall be entitled to obtain a patent.

2. The right to obtain a patent for an invention made by several persons may be exercised either by all co-inventors jointly or by each co-inventor individually in the case of a written consent of other co-inventors, unless otherwise provided for by the agreement concluded between the co-inventors.

3. If two or more persons have made an invention independently of each other, the right to patent shall belong to the inventor whose patent application has the earliest priority date.

4. If the same priority date was established for applications provided for by paragraph 3 of this article, a patent shall be granted to the person specified in the applicants' agreement. In case of disagreement among the parties, the dispute shall be resolved by a court.

5. The right to obtain a patent for an invention made by an employee and/or a contractor as part of official responsibilities or order fulfilment shall belong to the employer/client, unless otherwise provided for by the contract.

6. If making an invention is not related to official responsibilities or order fulfilment by an employee/a contractor, but the employee/ contractor has used resources owned by the employer/client for making the invention, the right to obtain a patent shall belong to the employer/client, and the employee/contractor shall be entitled to obtain a royalty-fee, non-exclusive private license for the invention and/or the priority right for to purchase exclusive rights deriving from the patent, unless otherwise provided for by the contract.

7. No more than one patent may be granted for the same invention of the same priority for which several applications have been filed by the same applicant.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 20 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 21 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 22 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter IV¹ – Patent Attorney

 

[Article 22¹ – Appointing a patent attorney

1. In Sakpatenti, an applicant or a patent owner shall be represented by his/her representative and/or a patent attorney of Georgia (if any).

2. An applicant or a patent owner, who does not have a permanent place of residence or a registered legal address in Georgia, is obliged to appoint a patent attorney of Georgia as his/her representative in Sakpatenti.

3. If an applicant or a patent owner fail to fulfil the requirements determined by paragraphs 1 and 2 of this article, Sakpatenti shall make a decision to terminate the proceedings on the application.

4. The authority to represent the patent attorney of Georgia shall be certified by the document confirming the authority of representation issued by the applicant or the patent owner. (Shall enter into force from 1 January 2025) ]

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 22² – Rules for the registration of the Patent Attorney of Georgia with Sakpatenti

[Article 22² – Qualification of the Patent Attorney (Shall enter into force from 1 January 2025)]

[1. The qualification requirements of the patent attorney of Georgia, the procedure for granting qualifications to him/her and for his/her registration shall be determined by law. (Shall enter into force from 1 January 2025) ]

2. A patent attorney of Georgia can be granted qualification according to the general specialisation or the specialisation of individual objects of intellectual property, in accordance with the procedures established by the legislation of Georgia.

[2. (Deleted – 15.1.2024, No 4167). ((Shall enter into force from 1 January 2025)]

3. In order to obtain the status of patent attorney of Georgia, a person with a general specialisation or a patent specialisation shall be admitted to the qualification exam, who has:

a) a higher education in natural or technical/engineering sciences;

b) at least 3 years of work experience in the patent field and/or completed a special training course.

[3. (Deleted – 15.1.2024, No 4167). ((Shall enter into force from 1 January 2025)]

4. In order to obtain the status of patent attorney of Georgia, a person specialising in individual objects of intellectual property shall be admitted to the qualification exam, who has:

a) a higher education;

b) at least 3 years of work experience in the field of relevant specialisation (including on legal issues) and/or completed a special training course.

[4. (Deleted – 15.1.2024, No 4167). ((Shall enter into force from 1 January 2025)]

5. Sakpatenti shall register the data on the patent attorney of Georgia in the Patent Attorneys Register.

[5. (Deleted – 15.1.2024, No 4167). ((Shall enter into force from 1 January 2025)]

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

Law of Georgia No 4167 of 15 May 2024 – website, 29.5.2024

 

 

Chapter V - Filing an Application

 

Article 23 - Filing of an application

1. An application shall be filed with Sakpatenti.

2. (Deleted).

3. (Deleted).

4. (Deleted).

5. (Deleted – 16.5.2023 No 2883).

6. A patent attorney registered with Sakpatenti may also be a representative.

[6. (Deleted – 16.5.2023 No 2883). (Shall enter into force from 1 January 2025)]

7. The procedure for registration and qualification requirements of a patent attorney is determined by the regulations approved by the Chairperson of Sakpatenti.

[7. (Deleted – 16.5.2023 No 2883). (Shall enter into force from 1 January 2025)]

8. The application form and procedures related to filing an application shall be defined by the Instructions (Instructions) on procedures for the execution and submission of an application and granting a patent for an invention or utility model.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 24 - Application

1. An application shall include:

a) a request for the grant of a patent;

b) a description of the invention;

c) claims of the invention;

d) any drawings and other documents, if they are essential for the explanation of the essence of the invention;

e) an informative abstract of the invention.

1¹. The application for obtaining a patent shall contain data about the inventor, the accuracy and veracity of which shall be the responsibility of the applicant.

2. In case of appointing a representative of the applicant, a document confirming the authority of the representative shall be attached to the application immediately after submission or within 2 months from the date of its submission.

3. If the applicant is the assignee of the inventor, a document confirming the assignment shall be attached to the application upon submission or within a two-month period after the day of submission.

4. An application shall be submitted in the official language of Georgia, and other application documents shall be submitted in any language.

5. The applicant, in the case of filing application documents in a foreign language, shall submit their Georgian translation within a two-month period after the day of filing of the application. Otherwise, the proceedings on the application shall be terminated.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 25 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 26 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 27 - Filing date of an application

The application filing date shall be considered to be the day when the patent application and the description of the invention were submitted.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 28 - Unity of invention, completeness of description of invention and formula of invention

1. Inventions shall comply with the requirement of unity of invention. In particular, the application must relate to only one invention or to a group of inventions that are so linked as to form a single general inventive concept.

2. (Deleted).

3. The description of the invention shall be presented in a prescribed manner and with such completeness that a specialist in the relevant field is able to implement it.

4. If the application relates to biological material and it is impossible to describe the material in the application in such a complete manner that the possibility of implementing the invention is clear to a specialist, or if the biological material is not available, the application shall be attached by a document confirming the deposit of the said material issued by the depository.

5. The formula of the invention shall be drawn up in the manner prescribed by the Instructions, shall clearly reflect the essence of the invention and shall be based on the description of the invention. The formula of the invention may consist of one or more clauses.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 29 - Division of applications

1. Applicants have the right to divide an application filed with Sakpatenti into its component parts and file a divisional application. The subject matter of the divisional application shall not exceed the scope of the content of the first application filed.

2. The divisional application shall retain the date and priority of the first application filed with Sakpatenti.

3. Divisional applications may be filed before Sakpatenti makes a decision regarding the granting of a patent, in accordance with the procedure provided for by the Instructions.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 30 - Priority rights

1. An applicant who wants to enjoy the Convention priority right shall be obliged to file with Sakpatenti an application within 12 months after the date of filing the previous first application on this invention with a member country of the Paris Convention or of the World Trade Organisation.

2. An applicant who wants to enjoy the exhibition priority shall be obliged to file an application with Sakpatenti within 6 months after the date of exhibiting the invention at an official or officially recognised international exhibition arranged in a member country of the Paris Convention or of the World Trade Organisation. Convention and exhibition priorities shall not extend the term of each other.

3. If an applicant, due to a valid reason, failed to file with Sakpatenti an application claiming the convention or exhibition priority within the period specified in paragraph 1 or 2 of this article, the applicant may file the application within the next two months and enjoy the convention or exhibition priority.

4. Applicants intending to enjoy the convention or exhibition priority shall be obliged to:

a) indicate it when filing an application with Sakpatenti or within 16 months after filing the application. A priority claim can be changed within 16 months of the claimed priority date, and if this change results in a change of priority date – within 16 months of the changed priority date, whichever 16-month period expires earlier. In addition, it should be possible to submit the mentioned change within 4 months from the date of filing the application;

b) submit to Sakpatenti a relevant document confirming the right to claim priority, within 16 months after the day of claiming the priority.

5. Priority may be established according to:

a) (deleted);

b) the filing date of the earlier application of the same applicant or of the person, whose assignee is the applicant, in which the essence of the invention is disclosed, provided that the application, in which such priority is claimed is filed within 12 months after the date of filing the previous application. The applicant shall indicate the claim for the priority immediately after filing the application with Sakpatenti or within 16 months from the date of the priority claimed. In addition, the application, the priority of which was claimed, shall be considered withdrawn;

c) several previous applications, provided that the requirements of subparagraph (b) of this paragraph are observed with respect to each of them.

6. The priority of an application shall not be established according to the filing date of the application for which priority has already been claimed previously.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3278 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art.219

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 31 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 31¹ – Publication of the application

1. Sakpatenti shall publish the application:

a) 18 months after the date of priority;

b) 18 before the date of priority, based on the request of the applicant.

2. The application shall be published during the publication of the patent as provided for by Article 40 of this Law, if the decision on granting the patent is made before the expiry of 18 months from the date of priority.

3. The application shall not be published if the proceedings on such application are terminated.

4. In the cases provided for by paragraphs 1 and 2 of this article, Sakpatenti shall enter data about the application in the Industrial Property Register (the Register), publish the application data in the Bulletin, and publish the application materials in accordance with the procedure established by the legislation of Georgia.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Chapter VI - Patent Examination and Grant of Patents

 

Article 32 - Application examination

1. Sakpatenti conducts patent examination and on the basis of the examination makes a decision regarding the grant of a patent.

2. Patent examination includes the accordance of the filing date, an examination of formalities and a substantive examination.

3. (Deleted – 16.5.2023, No 2883).

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 33 - Accordance of a filing date

1. Sakpatenti shall accord a filing date within two weeks after the filing of an application.

2. If it is found that the application lacks any application document provided for by Article 27 of this Law, the applicant shall submit the relevant document within one month after the receipt of such notification.

3. If the applicant satisfies the requirement of paragraph 2 of this article, the date of satisfaction of this requirement shall be considered as the application filing date. Otherwise, the application shall not be considered as filed.

4. If the description of the invention refers to drawings that are not attached to the application, the applicant shall provide these drawings within the period specified in paragraph 2 of this article. If the drawings are submitted within the specified period, the day of receipt of the drawings shall be considered as the application filing date. Otherwise, the date on which the application documents were filed without drawings shall be considered as the application filing date, and any reference to the drawings shall be considered deleted.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 34 - Examination of formalities

1. Sakpatenti shall conduct the examination of formalities within 2 weeks after the confirmation of the filing date in accordance with the procedures established by the Instructions, during which the compliance of the application with the requirements determined by Article 24 of this Law and the correctness of the registration of the application materials shall be verified.

2. If the application satisfies the requirements as to form, Sakpatenti shall complete the examination.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 35 - Substantive examination

1. Sakpatenti shall conduct a substantive examination after completion of the examination of formalities, based on which it shall be verified:

a) whether the application refers to the object provided for by Article 16 or 17 of this Law;

b) whether the application meets the requirements determined by Article 28 of this Law;

c) whether the invention meets the requirements determined by Article 12 of this Law.

1¹ . (Deleted – 16.5.2023, No 2883).

1² . (Deleted – 16.5.2023, No 2883).

1³ . (Deleted – 16.5.2023, No 2883).

2. (Deleted).

3. (Deleted).

4. In order to evaluate the criteria for patentability of an invention provided for by Article 12 of this Law - novelty and inventive step, a research shall be conducted in accordance with the procedure established by the Instructions.

5. After verifying the compliance with the requirements specified in paragraph 1 of this article, Sakpatenti shall send a research report and an examination report to the applicant.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 35¹ - Negative decision on granting a patent

1. If the application does not meet the requirements specified in Article 35(1) of this Law, the examiner shall be authorised to require from the applicant to make changes or amendments in the application or submit an explanation in accordance with the procedure established by the Instructions.

2. Sakpatenti shall make a reasonable negative decision on granting a patent, if:

a) despite making changes or amendments to the application based on paragraph 1 of this article, the application does not meet the requirements determined by Article 35 (1) of this Law;

b) the applicant does not make any changes or amendments to the application or submit an explanation in accordance with the procedure established by paragraph 1 of this article.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 36 – (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

Article 36¹ – Positive decision on granting a patent

1. If the application meets the requirements established by this Law, Sakpatenti shall take a reasonable positive decision on granting a patent.

2. Before granting a patent, Sakpatenti shall send the description of the invention, the formula of the invention and the drawings (if these drawings are indicated in the description of the invention) to the applicant for approval.

3. If, in the case provided for by paragraph 2 of this article, the applicant expresses his/her consent in writing within 2 months or fails to present his/her position regarding the above, Sakpatenti shall grant a patent on the basis of the description of the invention, the formula of the invention and the drawings (if these drawings are indicated in the description of the invention) sent to the applicant.

4. If, in the case provided for by paragraph 2 of this article, the applicant requests additions and/or changes to the description of the invention, formula of the invention and the drawings (if these drawings are indicated in the description of the invention) within a period of 2 months, Sakpatenti shall review the said request and make an appropriate decision on its consideration.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 37 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 38 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 39 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 40 - Patent registration, publication of patent and issuance of letters patent

1. Sakpatenti shall enter data on the patent into the Register and publish in the Bulletin, and publish the description of the patent in accordance with the procedure established by the legislation of Georgia and shall issue the letters patent together with the description of the patent, if there is:

a) a positive decision of Sakpatenti on the issuance of the patent;

b) a decision on the granting of a patent delivered by the chamber of appeals on the basis of the appeal filed in accordance with Article 40³ of this Law that has entered into legal force;

c) a decision of the court on granting a patent that has entered into legal force.

2. The form of the letters patent and the data about the patent to be entered in the Register shall be established by Sakpatenti.

3. Any person shall have the right to access the public data of the Register.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 40¹ - Making changes to a granted patent

1. At the request of the patent owner, it shall be permissible to make changes to the description of the invention, the formula of the invention and the drawings (if these drawings are indicated in the description of the invention) of the granted patent in order to correct a mechanical error only if this change clearly follows the content of the said documentation and it is obvious that nothing else could have been implied. The said change shall not expand the scope of protection.

2. The rules for making changes under paragraph 1 of the article shall be determined by the Instructions.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 40² - Disclosure of information

Deliberate disclosure of the essence of an application filed with Sakpatenti (except for the disclosure made by the applicant or his/her successor in title) before its details are published in the Bulletin by Sakpatenti, shall entail liability as provided for by the legislation of Georgia.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 40³ - Filing an appeal with the Chamber of Appeals with regard to the decision of Sakpatenti

1. The applicant has the right to file an appeal with the Appeals Chamber with respect to the decisions made by Sakpatenti on the completion of the examination of formalities or termination of proceedings, or the decision of the substantive examination refusing to grant a patent.

2. (Deleted – 16.5.2023, No 2883).

3. (Deleted – 16.5.2023, No 2883).

4. An appeal may be filed with the Appeals Chamber within three months after the relevant decision is published/served.

5. The Appeals Chamber shall consider the appeal and render a decision within three months after the appeal is filed.

6. The decision of the Appeals Chamber may be appealed to a court within the statutory period for appealing an administrative act.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 40⁴ - Conflict of interests

1. Applications may not be filed by:

a) a natural person who is working or had been working in Sakpatenti 12 months prior to filing the application;

b) a legal entity, in which the person provided for by subparagraph (a) of this paragraph is a member, partner, shareholder or manager.

[1. (Deleted – 15.1.2024, No 4167). (Shall enter into force from 1 January 2025)]

2. A person who was directly involved in the adoption of the appealed decision may not be a member of the Appeals Chamber during the hearing of the legal dispute on granting a patent.

3. It shall not be allowed for a patent attorney or representative to be a person who had worked or is working as an expert in Sakpatenti during the last 12 months before registration as a patent attorney or before starting the implementation of the functions of the representative.

[3. It shall not be allowed for a representative to be a person who had worked in the department of Sakpatenti for the last 24 months prior to the start of representation, which is responsible for the conduct of the examination of the application as provided for by this Law. Such restriction shall not apply to a person who had been an intern at Sakpatenti during the last 24 months before the start of representation. (Shall enter into force from 1 January 2025)]

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

Law of Georgia No 4167 of 15 May 2024 – website, 29.5.2024

 

Article 41 – (Deleted - 16.5.2023, No 2883)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

 

Article 42 - (Deleted - 16.5.2023, No 2883)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 42¹ - Re-examination of the invention patent

1. Any person shall have the right, during the validity period of the patent, to apply to Sakpatenti for the invalidation of the patent and to request a re-examination of the invention patent or validated European patent issued by Sakpatenti.

2. An application for re-examination of the invention patent shall be accompanied by:

a) a written substantiation that there are grounds for revoking the patent provided for by paragraph 4 of this article;

b) all documents relied upon by the interested party in the preparation of the substantiation provided for by sub-paragraph (a) of this paragraph. In addition, if the documents stipulated by this sub-paragraph are submitted in a foreign language, the interested party is obliged to submit their Georgian translation within 1 month. In the case of non-submission, documents submitted in a foreign language shall not be considered submitted.

3. Within 2 months from the submission of the application for re-examination of the invention patent, the patent owner shall have the right to submit a written response, which shall be taken into account during the re-examination of the invention patent.

4. On the basis of the re-examination of the invention patent, Sakpatenti shall make a decision to invalidate the patent in whole or in part, if it is established that:

a) the subject matter of the patent is not patentable;

b) a patent does not describe the invention in such completeness that it is possible to implement it;

c) the subject matter of the patent belongs to such an object, which, in accordance with Article 16 of this Law, is not considered an invention;

d) the subject matter of the patent belongs to such an object for which, in accordance with Article 17 of this Law, a patent is not granted;

e) the subject matter of the patent goes beyond the scope of the content of the filed application, or the patent is granted on the basis of a divisional application and its subject matter goes beyond the scope of the content of the application filed first;

f) the scope of protection by patent has been expanded.

5. The data on partial or full revocation of a patent shall be published in the Bulletin and shall be recorded in the Register.

6. The procedure for re-examination of an invention patent shall be determined by the Instructions.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 43 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 44 - (Deleted)

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 45 - Withdrawal of the application

An applicant has the right to withdraw an application before it is transmitted for publishing.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 46 - Extension and restoration of procedural terms

1. In the course of application proceedings the applicant has the right to require, according to the established rule:

a) suspension of the application review process;

b) making changes in the submitted application material, provided that these changes do not extend beyond the essence of the application submitted;

c) extension of the term for responding to Sakpatenti requirements;

d) restoration of the rights related to the application, which are lost due to violation of the deadline.

2. The rules for the implementation of the actions mentioned in paragraph 1 of this article shall be determined by the Instructions.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 47 - Service fee

1. Fees shall be paid for examination of formal requirements on application, patent examination, utility model examination, re-examination, utility model protection ability criteria assessment, publication of application, patent/utility model certificate registration, annual maintenance of patent/utility model certificate, issuance of additional protection certificate for proceedings, for the registration and publication of the additional certificate of protection, for maintaining annually the validity of the additional certificate of protection, for considering the appeal, making changes to the data in the Register and performing other actions determined by law.

2. Failure to pay the fees specified in paragraph 1 of this article within the fixed period shall entail termination of the application proceedings.

3. The type and amount of the fee shall be determined by an ordinance of the Government of Georgia.

4. The method and procedure for paying the fee are determined by the Instructions.

5. The fee for maintaining the validity of a validated European patent shall be paid at Sakpatenti for the years following the year of publication in the European Patent Bulletin of the information on the granting of the European patent.

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 47¹ - Origination of special rights of the patent owner

The special rights of the patent owner shall arise from the date of publication of the patent data in the Bulletin.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

 

Chapter VII - Limits of Use of Exclusive Rights Conferred by a Patent

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 48 - Limits of exclusive rights

1. A patent owner shall dispose of a patent at his/her discretion. He/she may sell or otherwise alienate or pledge the patent and/or grant a private license for the use of the patent in accordance with the established procedure.

2. A patent gives its owner the exclusive right to prohibit others, without the owner's permission:

a) to manufacture, sell, offer for sale, use, import , or put into civil circulation by some other method;

b) to use or offer for sale the patented method;

c) to sell, offer for sale, use, import or put into civil circulation by some other method a product produced directly through the patented method.

3. If the patent owner’s exclusive right applies to a patent the essence of which is a method for producing a new product, then any similar product made by another person shall be considered as obtained through this method until the opposite is proved.

4. If a patent is owned by more than one person:

a) transfer of the right to the patent, or granting a private license to use the patent or pledging the patent is only permitted with the consent of all the owners;

b) each owner has the right to use the patented object in his/her enterprise without the consent of other owners.

5. The restrictions on the exclusive rights provided for by paragraph 2 of this article shall be set out in Articles 52 and 52¹ of this Law.

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 49 - (Deleted).

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 50 - (Deleted).

Law of Georgia No 3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 51 - Conditional rights

From the day of publishing the application until the granting of the patent, the applicant is entitled conditionally to the same rights that would have been granted to him/her by the patent. If the patent is not granted, then said rights shall not be considered to have accrued.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 52 - Restriction of exclusive rights

The following shall not be considered to be an infringement of exclusive rights:

a) dissemination or other use of a product manufactured by or with the consent of the patent owner after it is put into civil circulation;

b) private use of an invention for personal benefit, provided such action is not intended for commercial purposes;

c) use of an invention on board a sea vessel, or on an air or land transportation vehicle of any foreign country, during its temporary presence in the territory of Georgia . In this case, the invention shall be used only on the mentioned transport and not for business purposes;

d) use of an invention for experimental and research purposes;

e) conduct research and other procedures required to allow a patent protected pharmaceutical product to enter the market unless the said pharmaceutical product has been used for commercial purposes before the expiry of the validity of the patent .

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

 

Article 52¹ – Mandatory license

1. A compulsory license to use a patent protected invention and/or utility model within the territory of Georgia (‘the compulsory license’) may be issued without the patent owner's permission.

2. The Permanent Council under the Ministry of Economy and Sustainable Development of Georgia (‘the Permanent Council’) making a decision on the issue of the compulsory license shall decide on the issuance of a compulsory license. Its composition shall be determined by the ordinance of the Government of Georgia.

3. The terms and conditions for the issuance of a compulsory license shall be determined in accordance with the ‘Procedure for Issuing Compulsory Licenses for the Use of a Patent-protected Invention and Utility Model’ approved by the ordinance of the Government of Georgia.

4. An interested person shall submit the application for issuance of a compulsory license to the Permanent Council.

5. A compulsory license may not be issued for a person exclusively.

6. A compulsory license may not be transferred to another person.

7. A compulsory license may be issued in the case where:

a) it is necessary to use a patent during natural disasters, disasters, epidemics, defence, and public health care;

b) an invention and/or utility model protected by a patent may not be used without the infringement upon the exclusive rights of the patent owner for an earlier patent or the successor thereof.

8. In the case provided for by subparagraph (a) of paragraph 7 of this Article, the granting of a compulsory license may be requested by the State authority if it justifies the existence of appropriate grounds.

9. In the case referred to in paragraph 7 (b) of this Article, the application for a compulsory license shall contain a justification that an invention or a utility model is an important technical solution that is substantially dependent on the invention or utility model protected by the earlier patent and which has substantial economic advantages for the public over an earlier patent protected invention or utility model.

10. Subject to paragraph 7 (b) of this Article, a person receiving a compulsory license is obliged, in the case of the protection of the relevant invention or a utility model, to grant a private license to the patent owner for the use of the patent of which the compulsory license was issued.

11. A compulsory license may only be issued if the alleged recipient of the compulsory license has failed to obtain, within a reasonable time, a commercial license on acceptable terms from the patent owner or the successor thereof.

12. The condition referred to in paragraph 11 of this Article may not be met in the case of urgency, of which the patent owner shall be notified immediately.

13. The scope of use of the object of the compulsory license, the term of validity of the compulsory license, and the amount of the relevant compensation shall be determined by the purpose for which the use of the relevant invention and/or utility model has been permitted. Such use shall be permitted primarily to meet the needs of the Georgian market.

14. In the case of issuance of a compulsory license, the patent owner shall be given appropriate compensation under acceptable commercial terms.

15. The decision to issue a compulsory license shall be revised periodically and revoked if there is no circumstance causing the need to issue the compulsory license.

16. In the case of issuance of a compulsory license, Sakpatenti shall make the relevant record in the Register and publish the relevant data in the Bulletin within one month after the issuance of the compulsory license.

17. The decision to grant a compulsory license and the decision to grant appropriate compensation may be appealed in court.

18. A compulsory license is not a license provided by the Law of Georgia on Licenses and Permits.

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

 

Article 53 - Right of prior use

1. The right of prior use is the right of a person to use an invention irrespective of the patent validity, provided he/she used the invention in good faith, or carried out preparatory work for its use prior to filing an application with Sakpatenti or before the date of priority.

2. The right of prior use gives a third party the right of use an invention only for the purpose or to the extent for which purpose or to which extent the third party has already used it, or carried out preparatory work prior to filing an application with Sakpatenti or before the date of priority.

3. Granting a private license for the right of prior use is prohibited.

4. Transfer of the right of prior use is allowed only together with such an enterprise, where the actions provided for by paragraph 2 of this article were carried out.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3278 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art.219

 

Article 54 - Patent Revocation

1. Sakpatenti shall revoke a patent on the basis of:

a) an application of the patent owner'

b) non-payment by a patent owner of the annual fee for maintenance the patent validity;

c) (deleted – 16.5.2023, No 2883).

2. A patent revoked under paragraph 1(b) of this article may be restored if the patent owner pays the annual fee for the maintenance of the patent validity within 6 months after the expiry of the term for payment of the fee for maintaining the patent validity for the next year. Validity of a terminated patent may be restored during the following 6 months after expiration of the said term if the patent owner pays the patent validity restoration and maintenance fee.

3. If upon the day of expiration of the term provided for by paragraph 2 of this article the patent validity maintenance fee is not paid for the following year, the patent shall be considered revoked from the day on which the patent validity term has expired.

4. Information on patent revocation and restoration shall be recorded in the Register.

5. The patent validity shall be considered restored from the day of publication of information on the restoration of its validity.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 55 - Right of further use

Any person who, from the day of termination of the patent until its restoration, used the invention in good faith or conducted preparations for use of the patented invention in the territory of Georgia, has the right to continue its further use for business purposes. This right shall be transferred only together with an enterprise [in which such rights have arisen] (the right of further use).

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 56 - (Deleted).

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 57 - Patent invalidation

1. A patent granted by Sakpatenti or the validated European patent shall be fully or partly declared invalid by a court if it is established that:

a) the subject matter of the patent is not patentable;

b) the patent's description of an invention is not complete enough to make its implementation possible;

c) the subject matter of the patent is an object that is not considered to be an invention under Article 16 of this Law;

d) the subject matter of the patent is an object which a patent is not granted under Article 17 of this Law

e) the subject matter of the patent extends beyond the scope of the content of the application filed, or the patent is granted on the basis of a divisional application and its subject matter extends beyond the scope of the content of the first application;

f) the patent owner had no right to acquire the patent under Article 19 of this Law;

g) The scope of protection by patent has been expanded.

2. In the case provided for by paragraph 1(f) of this article, a person authorised to receive a patent may request the transfer of the patent to him/her instead of invalidating the patent.

2¹. Sakpatenti shall recognise the patent as fully or partially invalid:

a) upon request of the patent owner;

b) on the basis of Article 42¹(4) of this Law;

c) if on the basis of Article 68⁵(11) of this Law, it is established that the utility model does not meet the criteria for protection of the utility model determined by Article 71¹ (1) of this Law;

3. Information on the full or partial invalidation of a patent shall be recorded in the Register and published in the Bulletin.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 58 - Consequences of patent invalidation

As a result of invalidation of a patent, the rights granted by the patent shall not be considered to have arisen.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter VIII - Transfer of Patent Rights; Private Licence on the Use of Patents

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 59 - Private license for the use of a patent

1. A patent owner may grant a private license for the use of a patent.

2. Private license is not a license under the Law of Georgia on Licenses and Permits.

3. A private license agreement shall be concluded in writing. The license shall define the scope of the use of the patented object.

4. A private license may be exclusive or non-exclusive. If the private license agreement does not define the type of license, the private license shall be considered to be non-exclusive.

5. Granting of a non-exclusive private license shall not deprive the license granter of the right to grant other licenses on equivalent terms.

6. An exclusive private license shall deprive the license granter of the right to grant other licenses on equivalent terms.

7. A private license holder may file an action in court for an infringement of the rights deriving from the patent, unless the patent owner himself/herself files an action in court within a reasonable time after being notified of the infringement of the rights.

8. A private license agreement and amendments made to it may be registered with the Register.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 60 - Open licensing

1. A patent owner may announce the open licensing mode, unless no exclusive private license has been granted for the patent.

2. Open license may be only non-exclusive.

3. The open licensing mode entitles any person to use the patent under the terms established by the open licensing mode.

4. When announcing the open licensing mode, the fee determined for the registration of the private license agreement shall be halved.

5. Sakpatenti shall be notified of the announcement of the open licensing mode; Sakpatenti shall enter corresponding records into the Register and publish the data in the Bulletin.

6. A patent owner may, any time, apply to Sakpatenti requesting the annulment of the open licensing mode. Annulment of the open licensing mode shall not affect the granted open licenses.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 60¹ - Transferring patent rights

1. An agreement to transfer exclusive rights shall be entered into in writing.

2. An agreement on the transfer of exclusive rights, and the amendments made to it shall be duly registered in the Register, and the data shall be published in the Bulletin.

3. A new patent owner may not use the rights deriving from the patent against a third person until the relevant changes are recorded in the Register.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 61 - (Deleted)

Law of Georgia No295 of 11 May 2000 - LHG I, No 17, 12.5.2000, Art.41

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter VIII - Patent Pledge

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62¹ - Patent pledge

Unless otherwise provided for by this Law, the norms established for a pledge under Book 2, Section 3, Chapter 6 of the Civil Code of Georgia shall apply to patent pledge agreements.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62² - Form and procedure for concluding a patent pledge agreement

1. A patent pledge agreement shall be entered into in writing. Failure to comply with the written form shall render the pledge agreement void.

2. A patent may not be pledged simultaneously for the benefit of several persons.

3. A patent pledge agreement shall be registered with Sakpatenti and the data shall be published in the Bulletin.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62³ - Private license for pledged patents

1. The licenses granted by a patent owner in accordance with the law before a patent pledge agreement is entered into shall remain in force.

2. Licenses for a pledged patent may be granted only with the preliminary written consent of the pledgee.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62⁴ - Alienation of pledged patents

1. To satisfy his/her needs, the pledgee may alienate a pledged patent only after notifying the patent owner in accordance with Article 282(1) of the Civil Code of Georgia.

2. A pledged patent shall be alienated through an auction.

3. When conducting an auction, the rules prescribed by Articles 301 - 309 of the Civil Code of Georgia shall apply.

4. The holder of an exclusive license on a pledged patent shall have the priority right to pay back the pledged patent before the auction is conducted.

5. In the case of alienation of a patent, the licenses granted by the patent owner in accordance with the law before entering into a patent pledge agreement shall remain in force.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 62⁵ - Open licensing mode of pledged patents

1. Based on the application of the pledgee, the court may order the open licensing mode for a pledged patent instead of compulsory alienation of the pledged patent.

2. The open licensing mode for the pledged patent shall be cancelled if the creditor has been satisfied or it is obvious that the creditor cannot be satisfied under this mode.

3. The licenses granted during the open licensing mode of the pledged patent shall remain in force after this mode is cancelled.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter IX - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 63 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 64 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter X - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 65 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 66 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 67 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter XI - Patent Disputes

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 68 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 68¹ - Appeal to court

1. The infringement of rights derived from a patent shall mean the infringement of rights accorded by this Law that gives rise to liability under the legislation of Georgia.

2. Sakpatenti shall not participate as a party in patent disputes related to the infringement of rights deriving from a patent.

3. Infringement of exclusive rights may give rise to criminal and civil liability of the infringer.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 68² - Period of Limitation

Unless otherwise provided for by this Chapter, an action with regard to infringement of rights derived from a patent may be filed within no longer than three years from the moment when the patent owner has become aware of the infringement.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 68³ – (Deleted)

Law of Georgia No 1918 of 23 December 2017 – website, 11. 1. 2018

 

Article 68⁴ – (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

 

Article 68⁵ – Protection of exclusive rights under a patent

1. In the event of infringement of exclusive rights under a patent , a patent owner shall be entitled to require:

a ) the application of the prohibitions provided for by Article 48 (2) of this Law;

b) removal of a product made by infringement of exclusive rights under a patent from civil circulation or removal of a product made in violation of exclusive rights under a patent under a patent imported (stored) into the territory of Georgia for the purpose of releasing in civil circulation;

c) destruction of a product made in violation of exclusive rights under a patent;

d) destruction of devices, technical equipment and tools intended for the manufacture of a product made in violation of exclusive rights under a patent;

2. If it determined based on the court decision that the exclusive rights under a patent have been violated, a patent owner may request to take the action under paragraph 1 (a) if this article against the person who was aware or should have been aware that the services thereof are used or were used for the infringement of exclusive rights at commercial scale .

3 . The action provided for by paragraph 1 of this article may also be requested where the product is made by the method which is directly protected by a patent.

4. A product purchased in good faith by a third party, which has been produced in violation of exclusive rights under a patent , shall not be subject to seizure unless it has been acquired for income .

5. In special cases, the court shall be entitled, based on the request by a violator of exclusive rights under a patent, instead of undertaking the actions provided for by paragraph 1 (b) – (d) of this article, to impose a monetary compensation, if the violator acted in a negligent manner or if he/she has suffered significant damage through the use of appropriate security measures, at the same time, if the amount of monetary compensation determined by the court is acceptable for the patent owner.

6. In the event of infringement of exclusive rights under a patent, the holder of exclusive rights under a patent shall be entitled, in addition to the action provided for by paragraph 1 of this article, to request the taking of one of the following actions:

a) compensation of damages incurred (including non-received income) if the violator of exclusive rights was aware or should have been aware of infringement of exclusive rights under a patent;

b) seizure of income obtained in violation of exclusive rights under a patent for the benefit of the holder of exclusive rights;

c) payment of one-off monetary compensation.

7. When determining the amount of damages, the significance of the infringement of exclusive rights under a patent shall be considered , as well as the income obtained in violation of exclusive rights, property and non-property damage to a holder of exclusive rights, and also the estimated income, which might have been obtained by a holder of exclusive rights in the case of the use of a patent lawfully.

8. The one-off monetary compensation shall be defined as the amount that would be paid by a violator of exclusive rights under a patent when obtaining a license for the use of a patent.

9. During the determination of the one-off monetary compensation, the quantity of products produced in violation of exclusive rights under a patent, the intention of a violator of exclusive rights under a patent, and the scale, character and other features of the services shall be considered, the offer of which is made in violation of exclusive rights under a patent, and / or any other circumstance, which might be taken into account during the determination of the said compensation .

10. A holder of exclusive rights under a patent shall be authorised to request, at his/her own discretion, the simultaneous execution of several actions under paragraph 1 of this article.

11. In the case of violation of special rights on the utility model, the owner of the utility model is obliged to submit to a court a positive conclusion on the assessment of the protectability criteria of the utility model (including the level of invention) determined by Article 71¹ (1) of this Law, issued by Sakpatenti in the manner prescribed by the Instructions, along with the claim to carry out actions provided for by this article.

Law of Georgia No 1918 of 23 December 2017 – website, 11.1.2018

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 69 - (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 70 - (Deleted).

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 71 - (Deleted).

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter XI¹ - Utility Model

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 71¹ - Criteria for protectability of utility models

1. A utility model characterised by a lower inventive step compared to the invention and is a minor invention in its essence, shall be protectable if it complies with protectability criteria of the utility model: novelty, inventive step and industrial applicability.

2. A utility model shall be deemed to have a novelty, if it does not belong to prior art.

3. A utility model shall be considered to have an inventive step if, having regard to the prior art it is not, at the prescribed relevant date, obvious to a person skilled in the art.

4. A utility model shall be considered to have industrial applicability if it can be produced or used by industrial or agricultural means.

4¹. During the substantive examination of the utility model application, Sakpatenti shall check whether the application meets the requirements specified in Article 35(1) of this Law, in addition to the assessment of the inventive step.

5. The term of validity of a utility model shall be 10 years after an application has been filed.

6. Unless otherwise provided for under this Chapter, the norms established under this Law for the creation, examination, use and legal protection of an invention shall apply to a utility model.

6¹. In the appropriate norms established for the creation, examination, use and legal protection of inventions by this Law, the relevant term – ‘utility model’, ‘utility model certificate’ shall be used in relation to the utility model.

7. (Deleted – 16.5.2023, No 2883).

8. (Deleted – 16.5.2023, No 2883).

9. The procedure for carrying out a substantive examination of the application for a utility model shall be defined under the Instructions.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 3278 of 2 July 2010 - LHG I, No 37, 14.7.2010, Art.219

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 71² – (Deleted)

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Chapter XII - International Applications

 

Article 72 - International Applications

1. The procedures under this Chapter shall apply to international applications which have been submitted to Sakpatenti according to the Patent Cooperation Treaty.

2. Sakpatenti shall process international applications according to the Patent Cooperation Treaty, this Law and other normative acts.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Article 73 - Status of international applications

1. An international application in which Georgia is designated as the place for obtaining a national patent for an invention or a utility model, shall be equivalent to the application filed with Sakpatenti, and the international application shall be considered as a national application from the date of its filing.

2. An applicant shall be entitled to the rights under Article 51 of this Law if the international application has been published by Sakpatenti in Georgian language under Article 40 of this Law.

[2. An applicant shall be entitled to the rights under Article 51 of this Law if the international application has been published by Sakpatenti in Georgian language under Article 75¹ of this Law. (Shall enter into force from 1 January 2025)]

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 4167 of 15 May 2024 – website, 29.5.2024

 

Article 74 - Sakpatenti as an office accepting international applications

1. Sakpatenti shall act as a 'receiving Office' for international applications for citizens of Georgia or for persons having a permanent place of residence in Georgia.

2. Sakpatenti, in its capacity as a 'receiving Office', accepts international applications in Georgian, English or Russian languages . The fee for forwarding an application to authorised international organisations or agencies shall be paid to Sakpatenti within one month after the international application has been filed to Sakpatenti.

3. If an international application is filed in Georgian, the applicant shall be obliged to submit its English or Russian translation within a month after the application has been filed.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 75 - Sakpatenti as ‘designated office’ or ‘selected office in relation to the international application

1. Sakpatenti shall act as 'designated office' for those international applications that designate Georgia as the place for obtaining a national patent for an invention or a utility model.

2. With regard to those international applications that designate Georgia as the place for obtaining a national patent for an invention or a utility model, Sakpatenti shall act as an 'elected Office', provided that the inventor selects Georgia under the terms of Chapter 2 of the Patent Cooperation Treaty.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 75¹ – Publication of the international application

Sakpatenti as ‘designated office’ or ‘selected office in relation to the international application shall publish the international application upon the submission of its translation in Georgian.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

 

Chapter XII¹ – Validation of the European Patent

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 75² – European patent application and validated European patent

1. A European patent application and a validated European patent, in accordance with this article and Articles 75³ and 75⁴ of this Law shall have the same legal force and are subject to the same legal terms as/which are determined for a national patent application and a national patent granted in accordance with the requirements established by this Law.

2. A European patent application that has been assigned a filing date shall be equal to a national patent application with the priority claimed for the European patent application in the relevant case, regardless of the outcome of the examination of the European patent application.

3. From the date of publication of the Georgian translation of the invention formula of the European patent application by Sakpatenti, the published European patent application shall originate the same rights as in the case of the published national patent application. For the publication of the Georgian translation of the invention formula of the European patent application, the applicant intending to receive a European patent shall submit to Sakpatenti the Georgian translation of the invention formula of the European patent application, the correctness of which is the responsibility of the patent attorney, and shall pay the fee prescribed for publication.

4. From the date of publication of information on the granting of a European patent validated by the European Patent Office (EPO), a validated European patent shall originate the same special rights as in the case of a national patent granted in accordance with the requirements established by this Law.

5. A European patent application for which a validation fee has been paid and a validated European patent with respect to a national patent application and a national patent shall belong to the same prior art as in the case of a national patent application and a national patent.

6. A national patent application and a national patent with respect to a validated European patent belong to the same prior art as in the case of a national patent.

7. If the request for validation is withdrawn or deemed withdrawn, it should be considered that the rights provided for in paragraph 3 of this article have not arisen in the European patent application (Ab Initio).

8. If a European patent has been invalidated by the European Patent Office (EPO) on the basis of an appeal by a third party or proceedings related to its revocation on the centralised level, or if the scope of protection has been limited on the basis of proceedings related to the limiting of the scope of protection by the European Patent Office (EPO), it shall be deemed that the rights provided for by paragraphs 3 and 4 of this article have not arisen Ab Initio on the validated European patent and the European patent application, on which the said validated European patent is based.

9. If a valid European patent and a national patent of the same applicant have the same date of submission, or if priority is claimed and the right to benefit from the same priority date is granted to the same person or his/her assignee, the national patent shall be invalid if it relates to the same invention covered by a validated European patent, from the date when the appeal period of the European patent has passed without a third-party appeal being filed, or from the date when a final decision on the maintenance of the force of the European patent has been made as a result of the proceedings related to the appeal.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 75³ – European patent validation procedure

1. A European patent application and the European patent granted under this application can be validated in Georgia at the request of the applicant. A request for validation shall be deemed to have been filed by the applicant for any European patent application filed on or after the date on which the validation agreement enters into force.

2. Sakpatenti shall publish all requests for validation as soon as possible from the date on which the European Patent Office (EPO) notifies it that the relevant validation fee has been paid, but not earlier than 18 months from the date of filing of the European patent application, and if priority is claimed, not earlier than 18 months from the earliest priority date.

3. A validation request can be withdrawn at any time. The validation request shall be considered withdrawn if the relevant validation fee has not been paid in time or if a final negative decision has been made on the European patent application or the European patent application has been withdrawn or deemed to be withdrawn. Sakpatenti shall publish the information on the validation request at the earliest time possible, if it has already published the validation request in accordance with paragraph 2 of this article.

4. The validation fee shall be paid to the European Patent Office (EPO) within 6 months of the date of publication of the European research report in the European Patent Bulletin, or, as the case may be, within the period provided for taking the actions required to enter the international application into the European phase for which the European Patent Office (EPO) is the ‘designated office’ or the ‘selected office, which has been assigned an international date of submission and in which Georgia is indicated. Rules of the European Patent Office (EPO) for the payment of fees shall apply to the payment of the validation fee. Validation fees paid in accordance with this Law shall not be refundable.

5. The validation fee may be paid after the expiry of the relevant period provided for in paragraph 4 of this article, during an additional 2-month period, provided that a 50 percent supplement is paid for the validation fee during such additional period.

6. Within 3 months from the date of publication of information on the granting of a European patent by the European Patent Office (EPO), the patent owner must submit a Georgian translation of the description of the European patent (description of the invention, formula of the invention, drawings, abstract) to Sakpatenti, the correctness of which is the responsibility of the patent attorney, and shall pay the fee prescribed for its publication in Georgia.

7. If, as a result of an appeal by a third party to the European Patent Office (EPO) or a request to limit the European patent, the European patent remains in force in a modified form, within 3 months from the date of publication of the information on the decision to maintain the European patent in force in a modified form or to limit the European patent, the patent owner shall submit a Georgian translation of the modified or limited European patent description (description of the invention, formula of the invention, drawings, abstract) to Sakpatenti, the correctness of which is the responsibility of the patent attorney, and shall pay the fee prescribed for publication.

8. If the wording of the formula of the invention contains a reference to the positions of the drawings, such drawings shall be attached to the translation provided for in paragraphs 6 and 7 of this article.

9. Sakpatenti, in accordance with the procedure established by the Instructions, shall check the conformity of the translation provided for in paragraphs 6 and 7 of this article of the formula of the invention of the validated European patent with the authentic text, and in the case of identifying essential errors, shall request the patent owner to submit the corrected translation through the patent attorney.

10. If the requirements established by this Law are met, Sakpatenti shall publish the translation submitted in compliance with the requirements specified in paragraphs 6 or 7 of this article at the earliest time possible.

11. If the translation provided for in paragraphs 6, 7 or 9 of this article is not submitted within the relevant period or the fee prescribed for publication is not paid, the European patent will be considered invalid Ab Initio. The said translation may be submitted in compliance with the requirements established by this Law, after the expiry of the relevant period stipulated in paragraphs 6 and 7 of this article, during an additional 3-month period, provided that during such additional period, a 100-percent supplement is paid for the fee prescribed for the publication.

12. An annual fee for maintaining the validity of a validated European patent shall be paid in accordance with Article 47 of this Law.

13. The procedure for carrying out the actions provided for in this article shall be determined by the Instructions.

14. European patent applications are not subject to the patent granting procedure established by this Law.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Article 75⁴ – Authentic text of the European patent application or European patent

1. The Georgian translation of the invention formula of the European patent application or the description of the validated European patent published by Sakpatenti has binding legal force for third parties in the territory of Georgia.

2. Regardless of the requirements specified in paragraph 1 of this article, in the case of inaccuracy in the Georgian translation of the authentic text of the European patent in the course of proceedings related to the invalidation of the patent, only the corresponding Georgian translation of the authentic text of the European patent shall be considered as having legal force.

3. An applicant for a European patent or an owner of a validated European patent shall have the right to submit a corrected translation through the patent attorney at any time. The corrected translation of the invention formula of the published European patent application, the corrected translation of the description of the validated European patent shall not have legal force until it is published by Sakpatenti in the manner prescribed by the Instructions and the fee prescribed for publication is paid.

4. Any person who uses the invention in good faith or who has carried out effective and significant preparatory activities for the use of the invention, the use of which in the original version of the translation was not considered to be an infringement of the right on the application or patent, after the entry into force of the corrected translation, may continue to use the invention in his/her activities or for his/her own purposes, without the payment of fees.

Law of Georgia No 2883 of 16 May 2023 – website, 1.6.2023

 

Chapter XIII - Transitional Provisions

 

Article 76 - Application of the provisions of this Law to previously originated relations

1. Proceedings, including granting of a patent, shall continue with respect to applications that are undergoing patent examination at the moment of entry into force of this Law, in accordance with the Decree of the Cabinet of Ministers of the Republic of Georgia No 302 of 16 March 1992 On the Approval and Entry into Force of the Statute on Inventions and Decree No 303 of 15 March 1992 On the Approval and Entry into Force of the Statute on Industrial Designs.

2. For applications filed with Sakpatenti based on an inventor’s certificate issued by the former USSR, a patent may be granted, unless not more than 20 years have elapsed between filing an application on an invention with the relevant USSR agency and its filing with Sakpatenti.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

 

Chapter XIV - Final Provisions

 

Article 77 - Measures relating to the entry of this Law into force

1. This Law shall enter into force upon the expiration of 3 months after its publication.

2. Along with the entry of this Law into force, taking into account the transitional provisions, Decrees of the Cabinet of Ministers of Georgia No 302 of 16 March 1992 and No 303 of 15 March 1992 On the Approval and Entry into Force of the Statute on Inventions and On the Approval and Entry into Force of the Statute on Industrial Designs shall be deemed to be repealed.

2¹ . The Edict of the President of Georgia No 223 of 8 May 2002 On Patent Attorneys of Georgia shall be repealed.

3. (Deleted).

4. The President of Georgia shall ensure the compliance with this Law of Edict of the President of Georgia No 451 of 16 October 2000 On the Approval of the Regulations for the Protection and Use of Secret Invention and Utility Models.

5. Sakpatenti shall prepare and submit for approval to the Government of Georgia:

a) (deleted).

b) service fees for patenting, registration and deposition of intellectual property objects.

6. Sakpatenti shall issue a Regulation on patent attorneys.

7. The chairperson of Sakpatenti shall issue Instructions for procedures relating to completing/ filing applications for an invention and a utility model, and for granting patents.

Law of Georgia No295 of 11 May 2000 - LHG I, No 17, 12.5.2000, Art.41

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.5.2010, Art.183

Law of Georgia No3741 of 26 October 2010 - LHG I, No 62, 5.11.2010 , Art.381

 

Article 78 - Status of the patents granted prior to entry into force of this Law

The patents granted prior to entry into force of this Law shall be equal to the patents granted on the basis of this Law.

Law of Georgia No3031 of 4 May 2010 - LHG I, No 27, 24.05.2010, Art.183

 

 

President of Georgia                                             Eduard Shevardnadze

Tbilisi ,

5 February 1999

No 1791 – II ს