Georgia "Patent law" The amendment has been made to 2023 years 6 month 2 Effective from today, This is Georgia and the European Patent Office (EPO) The necessary conditions for verifying the validity of the protocol.

Verification protocol

The verification protocol is in 2019 years 10 month 31 diurnal, Merge with 2023 years 5 month 17 It was approved by the Georgian Parliament. The exact date of the agreement's entry into force will be determined by EPO The Director and the Director of the Intellectual Property Office of Georgia decide. Although Georgia is not "European Patent convention" (EPC) State party of, But the deal will make Georgia EPO Certifying state of, Thus, the European patent is validated, The patent shall have the same legal effect as the patent of Georgia. "Patent law" The amendment provides for this verification procedure and the validity of certified patents in Georgia.

Consistency with European law

The amendment seeks to align Georgia's patent laws with EPC, European law and "Patent law treaty" Be consistent. Such as, The amendment introduces a supplementary protection certificate (SPC) And make relevant provisions, Make its term with EPC Be consistent, And extended the deadline for pediatric drugs 6 month. The terms and conditions of the novelty grace period are now also with EPC The provisions are similar.

restoratives

The amendment introduced the Bora exemption (Bolar exemption) , The use of patented inventions for research and development purposes and the acquisition of marketing licenses for pharmaceuticals are permitted. Clear provisions on the patentability of claims for first and second medical uses are also included.

Additional inventor and patent owner rights

The amendment also incorporates changes regarding additional inventor and patent owner rights. "Compulsory license" The concept has been introduced and clearly defined. The prohibition against infringement has been extended to third parties who know, or should know, that they are engaged in infringing activities. The scope of measures against infringers has also been expanded, This includes, inter alia, damages and compensation.

Patent attorney

The amendment also specifies the eligibility requirements and registration rules for patent attorneys in Georgia, The relevant elements previously stipulated by the statute of the Intellectual Property Office of Georgia were introduced into the law. 2025 years 1 month 1 After the day, Non-resident applicants must be represented by a Georgia patent attorney, Otherwise, the application process will be terminated.

clarification

The amendment further clarifies certain requirements and procedures at various stages of patent application. Such as, Patentability criteria, Patentability exceptions and scope of protection are now better defined.

The amended law now specifically mentions it "International recognition of the Budapest Treaty on the Preservation of Microorganisms for Use in patent proceedings" , "Biological material storage" and "biomaterial" .

The amendment also introduces more explicit "patent" and "Pharmaceutical product" Definition of, There is also an explicit reference to plant protection products and their registration authorities.

About writing the application, The amendment provides for disclosure requirements, And ask for clear claims, Concise and supported by the manual.

The amendment now explicitly prohibits dual patenting.

Retrieval by referring in a logical order, Patentability criteria review and competent authority review opinion, The amendment clarifies the substantive review. The amended law requires the intellectual property Office to send an examination report to the applicant, meanwhile, The procedure for determining the target of protection when the intellectual Property Office issues a particular type of review opinion listing independent claims determined by the examiner has been abolished.

Follow this logical sequence down, The approval decision now includes the applicant's approval of the final application text. The re-examination procedure is, in effect, a post-authorization objection procedure, More detailed clarification has now also been obtained.

Utility model

The amendment also involves the modification of utility models, This includes a better definition of utility model certificates. The utility model review process has also been improved——The amendment requires the Intellectual Property Office to send search reports and prior technology search submissions to the applicant, The results of the novelty review were taken into account. meanwhile, The scope of utility model topics has been narrowed, Microbial strain, Plant and animal cell cultures, Biotechnology and genetic engineering as well as products obtained through chemical synthesis (Including medicine) Be left out. (Be compiled from www. petosevic. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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