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.
Patent protection in Turkmenistan may be also obtained via a Eurasian patent.
The validity term of a patent in Turkmenistan is 20 years from the filing date.
The novelty grace period is 6 months from disclosure of the information on invention.
Overview of the patent registration procedure in Turkmenistan:
In Turkmenistan it is possible to obtain two types of patents, namely:
- a limited patent that is valid for ten years;
- a patent that is valid for twenty years.
After the filing procedure completion a Turkmen patent application undergoes a formal examination lasting 3 months and a limited examination lasting 6 months. After the limited examination is completed the decision of possibility to grant a limited patent will be issued. In order to obtain a patent that is valid for twenty years an applicant should file the request for suspension of issuing a Limited patent and request a substantive examination within 5 years from the application filing date. With this aim an applicant should submit a copy of a patent or a decision to grant a patent for a parallel patent application in any country, in which the substantive examination is carried out by a patent office. A patent will be issued after payment of grant fee and first post-grant annuities.
The procedure of the patent registration in Turkmenistan takes from 1 to 6 years depending on the type of a patent chosen.
Foreign applicants must be represented before the Office by a registered Turkmen patent attorney.
What is required for filing a patent application in Turkmenistan:
- filing instructions comprising applicant's and inventor's names, addresses and citizenships;
- a filing number and a date of a priority application or a PCT application;
- a specification with claims, abstract and drawings;
- a copy of the amendments, if any;
- a 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. The executed PoA should be provided to the Turkmen Patent Office within 3 months from the application filing date.
For conventional applications it is necessary to provide a certified copy of a priority document if priority is claimed. It may be provided to the Turkmen Patent Office within 4 months from filing an application.
The term for entering the Turkmen national phase of a PCT application according to Chapter I under PCT Article 22(1) is 30 months from the priority date. The term for entering the Turkmen national phase of a PCT application according Chapter II under PCT Article 39(1) is 31 months from the priority date. The term for filing a conventional patent application in Turkmenistan is 12 months from the priority date.
If you need further information concerning patent registration in Turkmenistan or quotation for filing and prosecuting of a Turkmen or Eurasian patent application please feel free to contact us.