Patent Registration in Turkmenistan

Patent registration in Turkmenistan allows inventors and companies to obtain legal protection for technical solutions including devices, processes, substances and combinations thereof. The procedure is handled by the State Service on Intellectual Property of the Ministry of Finance and Economy of Turkmenistan and features a unique two-tier patent system: a Limited Patent valid for 10 years and a Full Patent valid for 20 years. Turkmenistan is a member of the Paris Convention, the PCT system and the Eurasian Patent Convention, allowing applicants to use multiple filing routes.

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Turkmenistan including patent search, patent translation, filing and further prosecution of the Turkmen 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 Turkmenistan

Patent protection in Turkmenistan may be obtained by filing a national patent application with the State Service on Intellectual Property, or via a Eurasian patent designating Turkmenistan.

In the case of a PCT application, protection in Turkmenistan may be pursued by entering the Turkmen national phase before the national Office, or by entering the Eurasian regional phase before the Eurasian Patent Office (EAPO). The national phase deadline is 31 months from the priority date.

Turkmenistan does not provide separate utility model registration. However, the Limited Patent — granted after formal and limited examination without substantive examination — serves a similar purpose, offering faster protection for 10 years from the filing date.

Foreign applicants must be represented before the Office by a registered Turkmen patent attorney.

Patentability Requirements in Turkmenistan

To obtain a full patent in Turkmenistan, an invention must comply with the standard patentability criteria established by Turkmen 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 must be capable of being made or used in any kind of industry or another practical field.

For a Limited Patent, only a limited examination is conducted — a prior art search against applications and patents filed with the Turkmen IPO and the Eurasian Patent Office — without full substantive examination of patentability.

Key Facts About Patent Protection in Turkmenistan

20

Years Validity

Full patent validity term in Turkmenistan; Limited patent is valid for 10 years

31

Months (PCT)

National phase deadline: 31 months from priority date

6

Months Grace

Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed

12

Months (Conv.)

The term for filing a conventional patent application in Turkmenistan

Turkmenistan provides for two types of patents: a Limited Patent valid for 10 years from the filing date, granted after formal and limited examination; and a Full Patent valid for 20 years from the filing date, granted after substantive examination.

Patent Registration Procedure in Turkmenistan

The procedure of patent registration in Turkmenistan takes from 1 to 6 years depending on the type of patent chosen. The term for entering the Turkmen national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Turkmenistan is 12 months from the priority date.

Local Patent Expert

MSP, Turkmenistan

Practice Insight

“Unlike many patent systems that conduct a full patentability examination before grant, Turkmenistan provides an initial patent with a term of up to 10 years based on an assessment of local novelty. Applicants seeking the standard 20-year patent term must request substantive examination, during which the invention is evaluated against the worldwide prior art. Understanding this distinction is essential when developing a long-term patent protection strategy in Turkmenistan.”

Required Documents and Information

The documents required to file a patent application in Turkmenistan 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 Turkmenistan or a quotation for filing and prosecution of a Turkmen patent application, please feel free to contact us.

Patent Budget Structure in Turkmenistan

The total investment required for patent registration in Turkmenistan is not fixed and depends on several critical factors. These include the number of claims in the application, the type of patent sought (Limited or Full), the requirement of translation into Turkmen and whether a substantive examination is requested.

Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.

Frequently Asked Questions

• What types of patents are available in Turkmenistan? +
  Turkmenistan provides for two types of patents: a Limited Patent valid for 10 years from the filing date, granted after formal and limited examination; and a Full Patent valid for 20 years, granted after substantive examination. The Limited Patent route is faster and does not require a parallel patent from another jurisdiction.
• What is required to obtain a Full Patent (20 years) in Turkmenistan? +
  To obtain a Full Patent, the applicant must file a request for suspension of the Limited Patent grant and request a substantive examination within 5 years from the filing date. The applicant must also submit a copy of a granted patent or decision to grant a patent issued by another Patent Office that conducted substantive examination of a parallel application.
• Is representation by a Turkmen patent attorney required for foreign applicants? +
  Yes. Applicants who do not have a residence or place of business in Turkmenistan must be represented by a registered Turkmen patent attorney before the State Service on Intellectual Property.
• What is the PCT national phase deadline in Turkmenistan? +
  The term for entering the Turkmen national phase of a PCT application is 31 months from the priority date. Alternatively, protection in Turkmenistan may be obtained by entering the Eurasian phase before the Eurasian Patent Office (EAPO).

• What language requirements apply to patent applications in Turkmenistan? +
  The official language of proceedings before the Turkmen IPO is Turkmen. Patent applications may be filed in any language to secure a filing date; however, a full Turkmen translation of the application must be submitted within 3 months from filing. This deadline may be extended for an additional 3 months upon payment of the corresponding fee.
• Can patent protection in Turkmenistan be obtained via a Eurasian patent? +
  Yes. Turkmenistan is a member of the Eurasian Patent Organization (EAPO). A granted Eurasian patent provides protection in Turkmenistan without the need to file a separate national application and without a translation requirement. This route is often more cost-effective when protection is sought in several Eurasian countries simultaneously.
• What is the novelty grace period in Turkmenistan? +
  The novelty grace period in Turkmenistan is 6 months from disclosure of the information on the invention before filing an application or a priority date thereof if priority is claimed.

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