The Republic of Georgia Patent Law
The Patent Law of Georgia No. 1791 of February 5, 1999, on Patents (as amended up to Law No. 3235 of July 20, 2018).
The official language is Georgian. The application can be filed in other language and translation into Georgian should be provided within two months from filing date.
Georgia Patent Filing requirements
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be filed within 3 months from the filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Assignment Deed between the inventor(s) and the applicant(s); - (may be provided to the Georgian Patent Office within 2 months from filing the application).
- Copy via e-mail of simply signed Power of Attorney with the indication of the name and position of the signatory (can be filed within one month from the filing date). Legalization and notarization is not required.
Georgia Patent Registration Procedure
After completion of the filing procedure the application undergoes a formal examination. In case of meeting the requirements of formal examination the application undergoes a substantive examination on condition of payment of corresponding official fee. If the application complies with all requirements of the examination the preliminary grant decision is issued and the application is published. Any interested person may file an opposition against the grant decision within 3 months from the publication date. In the absence or rejection of the opposition and upon payment of the official registration fee by the applicant the patent is issued.
The approximate timeframe of obtaining a patent is from 24 to 30 months.
Georgia Patent National Phase Entry
* Entry of PCT application into national phase should be effected within 31 months from the international filing date or a priority date (if any). The term for filing a conventional patent application in Georgia is 12 months from the priority date.
The validity term of a Patent in Georgia is 20 years from the filing date. For pharmaceutical patents it is possible to apply for extension of this term for 5 years.
The certified copy of the priority document must be provided to the Georgian PTO within three months from filing the application.
The official fee for maintaining patent in force starting from the 3rd year must be paid within two months from the issuance of the decision to grant a patent in Georgia.
The Republic of Georgia Trademark Law
Legal basis is the Trademark Act of February 4, 1999, in force since May 24, 1999, Law of Georgia No. 1795-IIS of February 5, 1999, on Trademarks (as amended up to Law No. 3054 of July 5, 2018).
Georgia is a member of the Madrid Protocol. Trademark protection is obtained by registration.
Nice classification, 11th edition. Multiple-class applications are possible.
Simply signed Power of Attorney (POA). Can be filed within one month from the filing date.
Georgia Trademark Registration Procedure
The application is filed at the National Intellectual Property Center (Sakpatenti).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Within 1 month from the favourable decision about granting the trademark, it is published in the Official Bulletin. It is registered at the end of the opposition period, if no opposition has been filed or the opposition has been rejected.
*An accelerated procedure of examination for the trademark application is available for extra charge and can be requested with filing of the trademark application or within 1 month from this date.
National Opposition Period
The opposition period is 3 months from publication date of the decision about granting the trademark.The procedure takes 10 business days then.
The processing time from first filing to registration is approx. 14-17 months.
A trademark registration is valid for 10 years from the date of registration. The registration is renewable for periods of 10 years. Georgia allow to apply for a trademark renewal within 12 months before the deadline. There is also a 6-month grace period which allows applying for a renewal after the deadline without payment of additional fees. Reinstatement of a lapsed trademark (after grace period expiration) is not possible.
Remarks about the Republic of Georgia Trademark Registration
After completion of the filing procedure the application undergoes a formal examination (3-5 months). In case of meeting the requirements of formal examination the application undergoes a substantive examination (6-8 months). If the application complies with all requirements of the examination the grant decision is issued and the application is published. Any interested person may file an opposition against the grant decision within 3 months from the publication date. In the absence or rejection of the opposition and upon payment of the official registration fee by the applicant the trademark is registered and a trademark certificate is issued (2-3 months).
Grounds of Cancellation of a Trademark Register in Georgia
* Cancellation based on relative grounds may be filed to Court within the entire period of validity of the trademark;
* Cancellation based on absolute grounds may be filed to Court within the entire period of validity of the trademark;
* Cancellation based on non-use may be filed to Court. The grace period is 5 years from registration or prior to the date of filing cancellation. There is no reference to toleration of use in legislation and thus it is not applied to cancellation.
If the conventional priority is claimed, the certified document confirming the priority right must be submitted within three months from the filing date.