Patents of Invention
– Law on Legal Protection of Inventions, in force since November 11, 2017.
Membership in International Conventions
– Convention Establishing the World Intellectual Property Organization (WIPO), as of December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, as of March 1, 1995.
– Patent Cooperation Treaty (PCT), as of March 1, 1995.
– Eurasian Patent Convention, as of August 12, 1995.
– Strasbourg Agreement Concerning the International Patent Classification, as of March 7, 2007.
– Patent Law Treaty, as of July 19, 2021.
Applicant: inventor or his legal successor.
Foreigners: must appoint a local agent in Turkmenistan.
Protection of foreigners: they enjoy the same rights as Turkmen nationals.
Kinds of protection: short-term patents (10 years validity, granted upon results of a limited examination), patents (20 years validity).
Patents: can be granted for devices, processes, substances, strains of microorganisms, for a new use of a known device, process, substance or strain.
Patentability: a patent is granted for a technical solving of a problem, which is new, useful, and which has an inventive level.
Novelty: the claimed invention should not have been known, through any sources of information available in Turkmenistan and foreign countries, to the public by publication, exhibition, demonstration or use, or be obvious to persons skilled in the art, before the priority date of invention.
Novelty grace period for the inventor: six months.
Exception to protection: scientific theories, methods of economic organization and management, symbols, schedules and rules, methods for performing mental acts, algorithms and computer software, projects and plans for structures and buildings and for land developments; computer programs; topographies and integral circuits, plant varieties and animal breeds, proposals that are contrary to the public interest, humanitarian principles or morality.
Unity of the invention: application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.
Priorities: according to the Paris Convention, within twelve months.
Extension of the Conventional term: by reasons of force majeure, may be extended for further two months if an application claiming the Conventional priority could not be filed within twelve months.
Territory covered: the State of Turkmenistan.
Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (must bear applicant’s seal or stamp; if not available, the power must be notarized);
2. Specification and abstract;
4. Copy of an opinion of one of the International Preliminary Examination authorities on the patentability of the claimed invention;
5. Priority document, if priority is claimed, to be filed within three months from the filing date.
Minimum requirements on filing date: specification (for an application according to Paris Convention); or first page of PCT publication (for a PCT application).
Term for filing the missing documents: two months.
Electronic filing: not yet possible.
Electronic signatures: are not accepted (only wet signatures).
For a change of name or address:
1. Original document confirming the changes, e.g. affidavit or other document executed on the owner's original color letterhead, bearing the owner's seal or stamp;
2. Power of attorney (must bear owner's seal or stamp; if not available, the power must be notarized).
National phase of PCT applications: have to be filed within 30 months (Chapter I) or 31 months (Chapter II). If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II).
Examination: a formal examination and a complete examination.
The formal examination is carried out three months after the filing date and comprises checking the formal requirements as well as an examination on local novelty, taking into consideration Turkmen and Eurasian patent applications and patents. As a result of the formal examination, the Patent Office issues a decision refusing protection, or delivering a short-term patent. The particulars of the short-term patent are entered into the Register and published in the Patent Office Gazette six months after the granting decision was made. A negative decision may be appealed to the Patent Office Appeal Board within a three-month term.
A complete examination is carried out at the request of the applicant or any other interested party within five years from the filing date. It will now be necessary to provide evidence of the patentability of the invention by submitting a corresponding patent resulting from a complete examination obtained in any country with the status of International Preliminary Examination (IPE), like EP or RU.
Amendments to the application: voluntary amendments may be submitted to the Patent Office within two months after the filing date, or during the entire period of the formal and complete examination; additional materials extending or changing the subject matter of an application are not accepted.
Divisional application: may be filed during the formal or complete examination, if the requirements regarding the unity of the examined invention are not met, a divisional application retains the priority of the basic application.
Prior user disputes: possible.
Granting decision: issued after the complete examination, if the patentability and novelty requirements are met. A negative decision may be appealed by the applicant before the Patent Office Appeal Board within a three-month term.
Publication: six months after the granting decision (both for the patent and short-term patent), in the Patent Office Gazette, upon payment of a fee.
Delivery of document: the patent certificate is issued in paper format only.
Duration – extension: patents: twenty years from the filing date; short-term patents: ten years from the filing date after compulsory examination (if a complete examination is not requested).
Annuities: are accumulated and paid with the granting fee, and for subsequent years, on the anniversary of the filing date (or International filing date for PCT).
Annuity grace period: six months.
Rights of prior user: provided for.
Opposition: possible during the entire term of protection, through the Patent Office Appeal Board.
Invalidation: a request for invalidation or nullification may be filed by any interested person during the entire period of the validity of a patent or a short-term patent.
Assignments: must be registered with the Patent Office.
License: must be registered.
Compulsory license: may be granted in case of non-working during five years from the publication date of the patent or short-term patent.
Official license: may be declared by a decision of the Ministry Board of Turkmenistan if of public interest.
Infringement: penal provisions provided.