By Damdinbayar Damdinsuren, IPPI Co.,Ltd
In the rapidly evolving global market, protecting intellectual property (IP) is essential for businesses and inventors. One of the most effective ways to safeguard inventions and innovative ideas is through patent registration. For those seeking to expand into emerging markets, registering a patent in Mongolia can be a strategic move. With a growing economy rich in natural resources and an increasing focus on innovation/technology, Mongolia presents opportunities for innovators across various industries. This article provides an in-depth guide to the patent registration process in Mongolia, including what can be registered, reasons for refusal, required documentation, associated costs, and more.
Contents
1. What Can Be Registered as a Patent in Mongolia?
2. Reasons for Refusal of a Patent Application in Mongolia
3. The Patent Registration Process in Mongolia
4. Documents Required for Patent Registration in Mongolia
5. Patent Opposition Process in Mongolia
7. Why File a Patent in Mongolia?
1. What Can Be Registered as a Patent in Mongolia?
Before embarking on the patent registration process in Mongolia, it is crucial to understand what qualifies as a patentable invention. According to the Mongolian Law on Patents, an invention must meet specific criteria to be patentable:
1. Novelty: The invention must be new, meaning it should not have been publicly disclosed anywhere in the world before the filing date of the patent application.
2. Inventive Step: The invention should involve an inventive step that is not obvious to someone with knowledge and experience in the related field.
3. Industrial Applicability: The invention must be capable of being used in some kind of industry, whether it’s in manufacturing, agriculture, or other sectors.
In Mongolia, patents can be granted for a wide range of innovations, including products, processes, or even improvements to existing technologies. Fields such as pharmaceuticals, mining technology, and IT are particularly active in the Mongolian patent landscape.
2. Reasons for Refusal of a Patent Application in Mongolia
Not every patent application in Mongolia will result in a granted patent. There are several common reasons for refusal, including:
1. Lack of Novelty: If the invention has been disclosed publicly in any form before the filing date, the application may be rejected.
2. Non-Inventive Nature: If the invention is deemed obvious to a professional skilled in the field, it will not meet the inventive step requirement.
3. Lack of Industrial Applicability: If the invention cannot be applied in any industry, the patent will not be granted.
4. Exclusions from Patentability: Certain types of inventions are explicitly excluded from patentability under Mongolian law. This includes scientific theories, mathematical methods, rules, schemes for performing mental acts, methods for medical treatment of humans or animals, and plant or animal varieties.
Understanding these common grounds for refusal is essential to avoiding pitfalls during the patent registration process in Mongolia.
3. The Patent Registration Process in Mongolia
The patent registration process in Mongolia involves several stages, starting from the initial application to the final granting of the patent. The steps are as follows:
1. Filing the Application: The first step in registering a patent in Mongolia is to file an application with the Intellectual Property Office of Mongolia (IPOM). The application must include a request for patent grant, a detailed description of the invention, claims that define the scope of protection, any necessary drawings, an abstract and request for examination.
2. Formal Examination: After submission, the application undergoes a formal examination to ensure that all required documents are in order and that the correct fees have been paid.
3. Request for examination.
4. Publication: Once the formal examination is complete, the patent application is published in the official patent bulletin, making it publicly available.
5. Substantive Examination: During this stage, IPOM examines the patentability of the invention. The examination assesses the novelty, inventive step, and industrial applicability of the invention. The applicant may be required to provide further explanations or amend claims.
6. Grant or Refusal: If the invention meets all the criteria, the patent will be granted. If not, the applicant will be notified of the reasons for refusal, and they may have the opportunity to appeal the decision.
7. Patent Issuance: After the patent is granted, the applicant must pay the issuance fee, and the patent will be published in the patent register.
4. Documents Required for Patent Registration in Mongolia
When filing a patent application in Mongolia, several key documents must be submitted to the Intellectual Property Office:
1. Request for Patent Grant: This document formally requests the grant of a patent and includes basic details about the applicant and the invention.
2. Description of the Invention: A detailed explanation of the invention, including how it works, its purpose, and any specific technical features.
3. Claims: These define the scope of the patent protection being sought.
4. Drawings (if applicable): If the invention involves something that can be illustrated (e.g., a mechanical device), drawings must be included.
5. Abstract: A summary of the invention, which is published with the application.
6. Power of Attorney: If the application is being filed by an authorized representative, a power of attorney document must be included.
All documents must be submitted in Mongolian, and if translations are necessary, they must be provided by a certified translator. Also learn more about Trademark Registration in Mongolia.
5. Patent Opposition Process in Mongolia
Mongolian law allows third parties to oppose a patent either during the application process or after the patent has been granted. The opposition process serves as a safeguard to ensure that only valid and enforceable patents are granted. The grounds for opposition can include claims of prior art, lack of novelty, or non-inventiveness. Once an opposition is filed, IPOM reviews the case, and the patent holder may be required to defend their claims. If the opposition is successful, the patent may be invalidated or amended.
6. Patent Costs in Mongolia
The cost of registering a patent in Mongolia depends on various factors, including the complexity of the invention, the number of claims, and the need for legal representation. Common fees include:
| Professional fee for filing | $990 |
| Government fee for filing (including 5 claims) | $10 |
| Government fee for filing per each additional claim | $2 |
Additional costs may arise if legal assistance or translation services are needed.
The patent registration cost in Mongolia via the iPNOTE platform starts from as low as $1,000, which includes all government fees and document preparation. Find the best IP attorney in Mongolia on iPNOTE.
7. Why File a Patent in Mongolia?
Mongolia is becoming an attractive destination for foreign investors, especially in sectors such as mining, pharmaceuticals, and technology. By filing a patent in Mongolia, businesses can:
1. Protect Intellectual Property in a Growing Market: As Mongolia’s economy expands, securing patent protection can provide a competitive edge.
2. Leverage Mongolia’s Strategic Location: With its proximity to major markets like China and Russia, patent protection in Mongolia can be crucial for businesses operating in the region.
3. Gain Market Exclusivity: A granted patent provides the holder with exclusive rights to produce, use, and sell their invention in Mongolia, helping to prevent unauthorized use by competitors.
8. Conclusion
The process to register a patent in Mongolia is well-structured, though it involves several steps that require careful attention to detail. Understanding what qualifies as a patentable invention, meeting all documentation requirements, and navigating potential oppositions are key to a successful patent application. For businesses and inventors looking to protect their intellectual property in a growing and strategically positioned market, patent registration in Mongolia offers numerous advantages. By securing a patent, innovators can safeguard their inventions and establish a strong foothold in Mongolia’s expanding economy.
***
Have questions about trademark registration in Mongolia? Contact IPPI Co.,Ltd. via iPNOTE.
The iPNOTE platform features more than 800 IP law firms that cover more than 150 countries, so you can always find the right direct service provider using our flexible filtering system.
Start protecting your IP in Mongolia with our AI Assistant now.
Sign up for free, and we’ll help you solve any IP-related problem.
