Utility Models: Georgia

General Information

International Agreements : PCT and Paris Convention.

Novelty Requirement : A utility model shall be deemed new if the combination of its essential features is not anticipated by a single prior art reference.
It means that to invalidate the utility model patent it is quite enough to prove that only essential features of the independent claim are known from this prior art reference.
An essential feature is one of other features of the invention the absence of which from the combination of features makes it impossible to achieve the technical result of the invention, or to put it in a different way, the presence of which will provide the said technical result.
Only means of the same purpose may be cited against a utility model.
The state of the art shall consist of any kind of information published anywhere in the world before the priority date of the utility model and also shall consist of publicly available information of the use of the utility model in the Russian Federation before the priority date of the utility model.
The state of the art shall also include, on condition of their earlier priority, all applications filed in the Russian Federation by other applicants for inventions and utility models, which were laid-open and/or granted in the Russian Federation.

Claiming priority : 

  1. On the filing date of the application filing with the Russian PTO.
  2. On the priority filing date under Paris Convention if the corresponding Russian application is filed within 12 months from the above date.
  3. On the date of filing “new matter” features if they are further submitted as a separate application filed by the Applicant within three months from the date of the receipt of the “new matter” notification from the PTO.
  4. On the filing date of the earlier pending application in case of filing of the later application by the same applicant if the later application is filed within 6 months from the filing date of the earlier application. After that the earlier application should be abandoned.
  5. On the filing date of the parent application if the divisional application is filed when the parent application is pending.
  6. On the filing dates of several earlier applications in accordance with above clauses 2-5.

Additionally, an applicant, who wants to enjoy the exhibition priority is obliged to file an application for utility model with National Intellectual Property Center of Georgia during six months from the date of exposition of the utility model at official, or considered as such, exhibition held in the state party to the Paris Convention.

Examination : Only Formal Examination is carried out. 
Formal Examination is to determine whether:

  • The application documents are in line with the prescribed conditions;
  • The unity of invention requirement is met; 
  • The utility model relates to a subject-matter which is protectable as a utility model.

Where the application documents are not in order a Formal Examination Official Action is issued requesting to furnish the corrected or missing documents within 2 months from the date of the Official Action receipt. No “new matter” should be inserted into the application materials. If no response is timely filed the application is deemed to be abandoned. The time limit may be extended by 10 months at most if a corresponding petition is filed before the term expiration. The application may be reinstated within a year from the missed term if there is some confirmed good excuse for missing the term.
If the unity of utility model requirement is not met the applicant shall be invited to choose, within 2 months from the date of the corresponding Formal Examination Official Action receipt, which of the claimed utility models should be examined, and, if necessary, to correct the documents of the application. Other utility models claimed in the original application may be submitted as divisional applications.
If the applicant fails within the prescribed time limit to state which of the claimed utility models should be examined the examination shall be carried out only in respect of the first claimed utility model.
If during Formal Examination it is determined that the utility model, as claimed, meets the above a) & c) clauses an Official Decision of Grant is issued.
If during Formal Examination it is determined that the utility model, as claimed, does not meet the above c) clause an Official Decision of Rejection is issued.
The applicant or a third party may request the conduct of a prior art search in respect of the claimed utility model, the result of which may be used in the patentability check.

Protection Period : 8 years from the filing date.
Publication : No laid-open publication.
Annuities : Yearly

Grace periof for payments : The payment period may be extended within 6 months without penalty + 6 months on conditions that a respective penalty is paid.

Compulsory licensing : Substantially the same as in Russia, but the term is 4 years.

If a patent owner has not used or has insufficiently used a patented utility model within three years from the issuance of a patent and refuses to grant a license on the patented utility model, any person willing and ready to use the utility model may request a compulsory non-exclusive license from the Court. If the patentee fails to prove that the utility model was not used due to valid reasons, the Court grants the requesting party a license to use the utility model subject to certain terms of payment the license fees. If a patent owner cannot use the patented utility model without infringing the rights of another patentee, it has the right to demand from the latter conclusion of a license agreement.

 

Filing Requirements

Utility Models Filing Requirements

  1. Applicant's name, address and nationality. 
  2. Inventor's name, address and nationality. 
  3. Priority data (date, serial number and nationality) if any. 
  4. Title of the Invention. 
  5. Specification, Claims and Abstract.
  6. Formal Drawings.
  7. Power of Attorney.
  8. Assignment Deed.

 

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