A Comprehensive Guide to Protect Patent in Mongolia

Navigating the process of patent registration in Mongolia is essential for innovators seeking to protect their intellectual property and ensure their inventions are legally safeguarded. Mongolia has the potential to develop inventions in several fields thanks to taking advantage of its natural resources and geographical location. Mongolia has large reserves of minerals such as copper, gold, coal, uranium and rare earth metals. Inventions can focus on the development of efficient, energy-saving and environmentally friendly mining technology. With the increasing demand for resources, the development of mineral recycling technology from e-waste and other sources can provide significant economic and environmental benefits. Mongolia can apply smart agricultural technologies such as sensors, artificial intelligence, and drones to optimize agricultural production, manage water resources effectively, and adapt to climate change. Mongolia has great potential for solar and wind energy. Inventions can focus on developing renewable energy systems that are efficient, affordable, and suitable for Mongolia’s topographic and climatic conditions. To take full advantage of the potential of renewable energy, it is important to develop efficient and reliable energy storage technologies. These are just some of the potential areas where Mongolia can focus on patent development. By investing in research and development, collaborating with international partners, and creating a conducive environment for innovation, Mongolia can fully exploit its potential and achieve sustainable development. Viet An Law would like to guide customers through the preliminary procedures for patent registration in Mongolia through the article below.

Legal Basis

• Patent Law 2021

Definition of Invention in Mongolia

In Mongolia, a patent is a document issued by a competent state agency (National Office of Intellectual Property) that certifies the recognition of a certain solution as an invention or industrial design. It grants the patent owner the exclusive right to exploit the invention or industrial design for a fixed period of time.

Conditions for registering a patent in Mongolia

• Subject matter of patent: An invention must be subject to patent, including inventions and industrial designs. It does not include discoveries, scientific theories, mathematical methods, business methods, and inventions that are contrary to public order or ethics.
• Novelty: The invention must be new, which means that it has not been disclosed to the public anywhere in the world before the date of filing the patent application.
• Innovation step: The invention must involve an innovation step, which means that it must not be obvious to someone with expertise in the technical field.
• Industrial Applicability: The invention must be able to be created or used in any type of industry.

Types of patents that can be registered in Mongolia

• Patents for Inventions: This type of patent is granted to new products or processes that are novel, innovative, and have industrial applicability. Patents can be related to any field of technology, including mechanical, electronic, chemical, pharmaceutical, biotechnology, and others.
• Patents for industrial designs: This type of patent is granted to the aesthetic appearance of a product. An industrial design must be new and distinctive, which means that it must be significantly different from previous designs.

Patent registration dossier in Mongolia

• Patent Application: This form includes information such as the name of the invention, the name and address of the inventor(s) and the applicant(s), and the filing date.
• Description: This is a detailed description of the applicant’s invention, including the context, the technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reconstruct the invention. The information typically includes the following sections:
  • Name of the invention
  • Technical Field
  • Background art
  • Patent Summary
  • Brief description of the drawings (if applicable)
  • Detailed description of the invention
  • Industrial applicability
• Protection Claims: This is a numbered list of claims to determine the scope of protection for one’s invention. Claims for protection are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s invention can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the invention, usually about 150 words or less.
• Priority documents (if any): If the applicant has applied for a patent for the same invention in another country within the last 12 months, the applicant can claim priority.
• Power of attorney (if any): If the applicant files through the patent representative, it is necessary to provide them with a power of attorney on behalf of the applicant.
• Other documents (if applicable): Depending on the applicant’s case, the applicant may need to file other documents, such as a transfer agreement if the applicant is not the inventor, or a copyright statement.

Patent registration in Mongolia through the PCT system

What is the PCT System?

The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries participating, including Mongolia.

Benefits of the PCT system:

• Save time and money: The PCT system allows the applicant to file a single patent application for patent protection in multiple countries participating in the Treaty, rather than having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of the national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the invention. This is a valuable time for the applicant to evaluate the commercial potential of the patent and prepare for the filing of the national application.
• Simple Process: The PCT System uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Search Report and Written Opinion of the International Patent Search Agency will provide the applicant with information about the novelty and patentability of the patent, helping the applicant to make an informed decision about filing a national application.
• Enhanced international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and the sharing of experiences between countries.
• Support innovation: The PCT system helps promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent registration dossier through the PCT system

To file an invention registration through the PCT system, you need to prepare a set of documents including the following documents:

• PCT Application: The application can be filed in Vietnamese or English, however, it is recommended that it be filed in English to facilitate the processing. You can download the PCT application form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of the invention: The description of the invention should present the invention in detail and clearly, including:
  • Patent Name Technical Field
  • Patent Summary
  • Detailed explanation of the invention
  • Drawings (if any)
  • Request for protection
• Claim for protection: The claim for protection should clearly define the scope of protection that the applicant wants to give the invention.
• Patent Claims: Patent claims need to clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant needs to provide a Letter of Authorization that authorizes the representative to represent the applicant during the filing process and process the procedure.

Additional documents (may be required):

• Priority documents (if any): If the applicant filed an application for the same patent in another country before filing the PCT application, the applicant may claim priority based on the date of filing that application.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT filing fee to the International Receiving Bureau (IB).

If you want to file an application for patent registration, please contact Viet An Law for the most effective support.