PATENT

IPOM (IP Office of Mongolia) requires to submit the following to file application:

1. Letter of instruction
2. Description, Drawings
3. Priority evidence document (if needed)
4. Power of Attorney (without legalization or notarization)
5. Inventor's Declaration (without legalization or notarization)
6. PCT Application
7. PCT Publication
8. PCT Request
9. PCT Search Report
10. PCT Preliminary Examination Report
11. PCT Written Opinion
12. PCT Demand

- Innovation. A patent shall be granted to the author of an invention or to a natural person or legal entity to whom the author has assigned his or her right to a patent if that author has created a product or process which is absolutely new or involves an inventive step and the product or process is industrially applicable.

- Industrial design. A patent shall be granted to an author of an industrial design or to natural person or legal entity to whom that author has assigned his or her right to a patent if that author has created a new and original solution relating to an industrially applicable article and that solution has not, prior to the filing date of that author’s application, has been disclosed anywhere in the world by publication in a tangible form or by publication in any manner in this country.

The followings shall not be considered to be inventions:

1) discoveries, scientific theories and mathematical methods;
2) computer program and algorithms;
3) schemes, rules or methods for doing business, performing mental acts or playing games;
4) solutions that are contrary to public health or environmental protection;
5) methods of treatment and diagnosis, or prophylaxis of human and animal diseases;
biological processes for the production of animals, or plants other than micro-organisms. This shall not include non-biological, and microbiological processes;

The industrial design which is not different with previously disclosed designs or their peculiarity shall not be considered new and original.

1) The IPOM shall, according to the examination report, reach a decision as to whether or not to grant a patent within 9 months from the filing date of the application. If required, the IPOM may extend this period for further 12 months.

2) If it is decided to grant the patent, the formulation of the invention or the drawing of the industrial design and the particulars concerned shall be published in the Patent Gazette.

3) If, after the expiry of three months form the date of the publication in the Patent Gazette of the formulation of an invention or the drawing of an industrial design together with the particulars concerned, the [Intellectual Property Office] has received no notice of opposition and no dispute has arisen, it shall grant the patent.

Patents for:

- inventions shall be valid for terms of 20
- industrial designs shall be valid for I0 years

each such term shall run from the date on which the patent is granted.

We use to issue a debit note at the end of all procedure once invoicing for the final cost. “Final cost” means final charging for all fees and costs of possible services related to the application up to sending of the patent. The final cost approximation is usually around USD3000-3500 covering official and agents fees for filing, priority, extra claims, search, postal formalities and all procedure including charges for translation and typing (around 5000 words), examination, publication, decision issuance, patent granting and Patent Document issuance. Postage (including fax, DHL or other courier mailing, local and IDD phone calls) is charged additionally by actual expense. We use to mail ready Patent Document to the client by courier.

The annuities shall be invoiced after Patent issuance. The annuities in Mongolia are to be paid at fixed intervals of three years from the date of granting to maintain the patent in force. The fee for the first three year period is to be paid at the patent grant. The fees for the subsequent period shall be paid within six months prior to the end of the next period. It means the first three year period payment is to be included in the final Debit Note.