Mongolia IP Development

Mongolia is bordered with People`s Republic of China and Russian Federation. Its economy is centered on mining and agriculture. Recently, Mongolia became known as a country with rich mineral resources, such as copper, coal, molybdenum, tin, tungsten, gold etc.

Patent

Mongolian patent application claiming conventional priority must be filed within 12 months from the priority date, and the deadline for entry of the PCT application into the Mongolian national stage is 31 months from the priority date. The restoration of the priority right is not possible.

The patent application must be filed in Mongolian. Only translation of the specification is allowed to be filed within 2 months from filing date. If a PCT application is amended, both originally filed and amended versions together with any statement under PCT Article 19 must be provided to the patent Office in Mongolian language. Priority document translated into Mongolian must be provided at the time of filing.

To obtain a filing date it is necessary to provide the Intellectual Property Office of Mongolia with the request to grant a patent in Mongolia, description of an invention, patent claim(s) and drawings (if any). If the applicant(s) differs from the inventor(s), a document justifying the right to obtain a patent must be provided within 3 months from the filing date. After a filing date has been assigned, an examiner of the IPOM would conduct a substantive examination of an invention to determine the compliance with the requirements or not.

The maintenance fee for the first 3 years shall be paid in lump sum within 6 months from the date of the decision to grant a patent. Next maintenance fee for subsequent periods shall be paid within 6 months in advance for each period.

It is required to perform patent prosecution in Mongolia through an agent, or a registered Mongolian patent attorney

Trademark

Multiple class trademark applications are possible in Mongolia. Trademark in Mongolia is valid for 10 years from the date of filing, but if a trademark is not used for 5 consecutive years, it can be cancelled based on use requirement.

To obtain a filing date it is necessary to provide the Intellectual Property Office of Mongolia with the request for registration of the trademark in Mongolia, with name, address, nationality of the applicant and 10 copies of a figurative element of a trademark.

Priority document translated into Mongolian must be provided at the time of filing. Filing opposition against pending trademark applications is not possible. An opposition should be filed against registered trademarks only.The grace period for renewal of a Mongolian trademark is 6 months.

It is required to perform a trademark registration in Mongolia through an agent, or a registered Mongolian trademark attorney.

Industrial Design

The industrial design application in Mongolia claiming conventional priority must be filed within 6 months from the priority date. The restoration of the priority right is not possible. Multiple design applications are possible in Mongolia. However, number of designs must not exceed 50. The industrial design in Mongolia is valid for 10 years counting from filing date.

To obtain a filing date the industrial design application must contain a request, drawing(s) of the industrial design and a description. After a filing date has been assigned, an examiner of the IPOM conducts a substantive examination of an industrial design to determine the compliance with the requirements. No specific request must be filed, but priority document translated into Mongolian must be provided at the time of filing1-3 years annuity fee should be paid for pending applications.

It is required to perform a design registration in Mongolia through an agent, or a registered Mongolian patent attorney.




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