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Patent registration in Tajikistan allows inventors and companies to obtain legal protection for technical solutions, including devices, processes, substances, microorganism strains, plant or animal cells, as well as the use thereof for a new purpose. The procedure is handled by the National Centre for Patents and Information (NCPI) of Tajikistan and includes both formal and substantive examination stages. Tajikistan is a member of the Paris Convention, the PCT and the Eurasian Patent Convention — meaning patent protection may also be obtained via a Eurasian patent.
MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Tajikistan including patent search, patent translation, filing and further prosecution of the Tajik patent application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Routes to Obtain Patent Protection in Tajikistan
Patent protection in Tajikistan may be obtained by filing a national patent application with the National Centre for Patents and Information (NCPI) of Tajikistan or via a Eurasian patent.
The term for entering the Tajik national phase of a PCT application differs depending on the chapter: 30 months from the priority date under Chapter I (PCT Article 22(1)) and 31 months under Chapter II (PCT Article 39(1)).
Foreign applicants must be represented before the Office by a registered Tajik patent attorney.
Patentability Requirements in Tajikistan
To obtain a patent in Tajikistan, an invention must comply with the standard patentability criteria established by Tajik patent law.
- Novelty — the invention shall be considered new if it does not form part of the state of the art, i.e. it has not been disclosed anywhere in the world prior to the filing or priority date.
- Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
- Industrial Applicability — the invention shall be considered industrially applicable if it can be made or used in industry, agriculture, health protection and other spheres.
Key Facts About Patent Protection in Tajikistan
Years Validity
Standard validity term of a patent in Tajikistan from filing date
Months Grace
Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed
Months (Conv.)
The term for filing a conventional patent application in Tajikistan from the priority date
Years to Request Exam
Substantive examination must be requested within 3 years from filing. Extension or restoration is not possible.
The validity term of a patent in Tajikistan is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended, the Supplementary Protection Certificate (SPC) will be issued.
Patent Registration Procedure in Tajikistan
The procedure of the patent registration in Tajikistan takes from 2 to 4 years. The term for filing a conventional patent application in Tajikistan is 12 months from the priority date.
Filing & Formal Examination
After completion of the filing procedure, a patent application in Tajikistan undergoes a formal examination lasting 2–3 months. The application is published in the Official Bulletin after expiration of 18 months from the filing date or priority date.
Substantive Examination
A substantive examination is conducted on an applicant's request, which must be filed within 3 years from the filing date. Extension or restoration of this term is not possible. If an invention meets the requirements of patentability, a grant decision will be issued.
Grant of Patent
Upon payment of the official registration and publication fees — within 2 months from the grant decision — the patent data is published in the Official Bulletin and the patent is issued. The first post-grant annuity payment covers the annuity for the year in which the patent is granted, as well as any annuities for the preceding years, starting from the first year calculated from the filing date. These annuities must be paid together with the grant fees.
Local Patent Expert
MSP, Tajikistan
“One procedural rule in Tajikistan deserves special attention: the request for substantive examination must be filed within three years from the filing date and this deadline is final. Since neither extension nor restoration is available, applicants should incorporate it into their filing strategy from the outset to avoid an irreversible loss of rights.”
Required Documents and Information
The documents required to file a patent application in Tajikistan are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.
If you need further information concerning patent registration in Tajikistan or a quotation for filing and prosecution of a Tajik or Eurasian patent application, please feel free to contact us.
Required at Filing
Filing instructions
Comprising applicant's and inventor's names, addresses and citizenships.
Technical files
A specification with claims, abstract and drawings.
Application data
A filing number and a date of a priority application or a PCT application.
Note:
A copy of the amendments may be submitted if applicable. The applicant may amend the application without official charges within 3 months from filing.
May be submitted after filing
Power of Attorney
Simply signed and stamped by the applicant(s). Legalization and notarization are not required unless it is signed by a proxy-holder.
Deadline: 2 months from filing dateTranslation into Tajik or Russian
The official languages of proceedings are Tajik and Russian. If the application is filed in any other language, a full translation into Tajik or Russian must be provided. If the application is filed in Russian, the translation of the claims into Tajik must additionally be provided.
Deadline: 3 months from filing datePriority Document
A certified copy of the priority document if priority is claimed (for conventional applications).
Deadline: 3 months from filing datePatent Budget Structure in Tajikistan
The total investment required for patent registration in Tajikistan is not fixed and depends on several critical factors. The final patent cost in Tajikistan is determined by the complexity of the invention, the number of independent claims in the application and the specific legal strategy chosen for protection before the National Centre for Patents and Information (NCPI) of Tajikistan.
Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.
Official Government Fees
Filing and grant each trigger a separate official fee
A separate official fee applies
The first annuities for patent for invention counting from the 1st year are paid simultaneously with payment of the official grant fee.
An official fee applies when recording a transfer or license agreement with NCPI
Professional Attorney Fees
Calculated directly based on the total number of independent claims
Covers the substantive examination request and completing the process through to grant
Per agreement — attorney fee for preparing and recording IP transfer or license agreements (official fee applies separately)
Associated Expenses
Flat fee per report (based on databases searched and the technical field's complexity)
Billed per 100 words (into Tajik or Russian)
Frequently Asked Questions
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What are the main routes to obtain patent protection in Tajikistan?Patent protection in Tajikistan can be obtained by filing a national application with the National Centre for Patents and Information (NCPI) or via a Eurasian patent. PCT applicants may enter the Tajik national phase within 30 months (Chapter I) or 31 months (Chapter II) from the priority date.
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Does Tajikistan conduct a substantive examination of patent applications?Yes. A substantive examination is conducted on the applicant's request, which must be filed within 3 years from the application filing date. Extension or restoration of this deadline is not possible. If an invention meets the requirements of patentability, a grant decision will be issued.
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Is representation by a Tajik patent attorney required for foreign applicants?Yes. Foreign applicants must be represented before the National Centre for Patents and Information (NCPI) by a registered Tajik patent attorney.
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What are the language requirements for patent applications in Tajikistan?The official languages of proceedings in Tajikistan are Tajik and Russian. If the application is filed in any other language, a full translation into Tajik or Russian must be submitted within 3 months from the filing date.
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How long does patent registration in Tajikistan take?The procedure of the patent registration in Tajikistan takes from 2 to 4 years, including formal examination (2–3 months) and substantive examination requested within 3 years from the filing date.
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Can pharmaceutical patents be extended beyond 20 years in Tajikistan?Yes. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of the 20-year term for an additional 5 years. In such cases a Supplementary Protection Certificate (SPC) will be issued.
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For how long is a patent valid in Tajikistan?A patent in Tajikistan is valid for 20 years from the filing date, subject to the timely payment of annual maintenance fees. The first annuities for patent for invention counting from the 1st year are paid simultaneously with payment of the official grant fee. All next annuities are counted starting from the filing date and are paid before the beginning of the next year.
