Understanding the Filing Date and Preliminary Examination Process for Inventions and Utility Models in Mongolia

When an invention or utility model patent application is submitted in Mongolia, the Intellectual Property Office notifies the applicant or their authorized representative within three working days of receipt.

Within 10 working days, the Office reviews whether the application meets the formal requirements specified in the Patent Law. If complete, the filing date is officially recorded as the date of receipt, and the application is registered in the national database.

If the application lacks required elements, the applicant is notified (via paper or electronically) and must submit the necessary amendments within two months. This deadline may be extended by up to three months upon request and payment of a service fee. Failure to respond will result in the application being considered withdrawn.

Should the applicant submit amendments that still do not meet formal requirements, a second notice is issued. The applicant must then comply within 15 working days, and service fees will apply.

The preliminary examination period depends on the type of application:

Invention applications: within 4 months after satisfying formal requirements
Utility model applications: within 2 months

If the application does not meet legal criteria, it will be dismissed with notice.

Applications that satisfy all conditions under Articles 17 to 20 of the Patent Law will receive an official conclusion on the preliminary examination. All notices are delivered in either written or electronic format.

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Innovation plays a crucial role in today’s fast-paced work environment, and employees often create new inventions or utility models as part of their job. But who owns these intellectual property rights—the employee or the employer? Let’s explore the key aspects of workplace inventions and utility models based on employment conditions.

What Qualifies as a Workplace Invention or Utility Model?

Not all inventions automatically belong to the employee who created them. The following conditions determine whether an invention or utility model is considered a workplace creation:

The invention is developed by an employee as part of their job responsibilities outlined in their employment contract.
The invention results from work-related tasks assigned by the employer.
The invention is created using the employer’s resources, such as technology, equipment, raw materials, proprietary information, or expertise.

Employee’s Duty to Inform the Employer

If an employee develops an invention or utility model that meets the above conditions, they must notify their employer in writing as soon as possible. This step ensures transparency and allows the employer to decide on the next course of action.

Who Holds the Patent Rights?

The patent rights depend on the employer’s decision following notification from the employee:

If the employer decides not to file for a patent or fails to do so within three months, the patent rights transfer to the employee.
If the employer wishes to obtain a patent, they must sign an agreement with the employee (unless the employment contract already assigns this responsibility to the employee in exchange for appropriate remuneration).

When an employer patents an invention or utility model developed in the workplace, they must compensate the employee fairly. Within six months of obtaining the patent (or within one year if the invention has already been in use before patent approval), the employer must:

Sign a contract with the inventor-employee.
Define payment terms, amount, and procedures for compensation.
Consider factors such as the invention’s economic value, potential profits, and contributions from both the employer and the employee.

If an employer fails to finalize a compensation contract, the employee has the right to take the matter to court to determine a fair payment rate and enforce contract execution.

In all other cases not covered by the above conditions, the patent rights remain with the inventor-employee, allowing them to enjoy full ownership and control over their invention or utility model.

Workplace inventions and utility models are valuable assets that benefit both employees and employers. While companies provide the resources and platforms for innovation, employees contribute their skills and creativity. Understanding the legal framework ensures fair recognition and compensation for all parties involved.

If you are an employee or employer dealing with workplace inventions, it’s always a good idea to seek legal advice to navigate the process smoothly. Our professional IP agent will assist you.

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When applying for a patent on an invention or a utility model, applicants may need to modify their application for various reasons. This could include dividing, merging, amending, or even transferring the application based on legal requirements. Below, we outline the key aspects of these modifications and what applicants need to keep in mind.

1. Changes Allowed During the Examination Process

After the filing date, applicants can make the following modifications during the substantive examination process, provided they pay the necessary service fees:

1.1 Division of Patent Applications

Applicants may request to split their patent application into two or more separate applications while retaining the original filing and priority date. Each divided application will require its own service fee.

1.2 Merging of Patent Applications

If multiple patent applications relate to inventions designed to be used together, they can be merged into a single application.
Similarly, utility model applications that are intended for joint exploitation may also be merged.

1.3 Amendments and Changes

legal and technical requirements.

1.4 Transferring Between Patent Types

If an invention patent application meets the legal criteria under Articles 8, 9, and 10 of Law on Patent, it may be converted into a utility model patent application.
Likewise, a utility model patent application meeting the requirements under Articles 5, 6, and 7 of the Law on Patent may be transferred into an invention patent application.

2. Refusal and Dismissal of Patent Applications

Applicants may voluntarily withdraw or have their patent application refused at any stage of the examination process. However, if a patent application is dismissed and has not been publicly disclosed, it will not be considered part of prior technical knowledge. This means the applicant can submit a new application for the same invention or utility model.

3. Impact of Modifications on Original Application Content

If any modifications change the original content of the filed patent description, the applicant must submit a new patent application instead of an amendment.

Final Thoughts

Understanding these modification options can help applicants navigate the patent application process more effectively. Whether you’re dividing, merging, or transferring your patent, ensuring compliance with the relevant legal provisions is crucial for a successful application.

Making changes to your patent application is easy and flexible—you just need to follow the right steps! If you need help navigating the process, our experts are here to assist you.

#Patent #IntellectualProperty #PatentApplication #IPLaw #Innovation #UtilityModel #PatentRights #BusinessProtection #LegalSupport #TechLaw

Understanding What Cannot Be Patented: A Guide to Non-Patentable Subject Matter

When it comes to patents, not everything qualifies as an invention. Certain ideas, processes, and discoveries are excluded from patent protection for various legal, ethical, and practical reasons. If you’re an innovator, entrepreneur, or researcher, it’s crucial to understand what cannot be patented to avoid unnecessary filings and focus on protectable innovations.

What Is Not Considered an Invention?

The following subject matter does not qualify as an invention and, therefore, cannot be patented:

Scientific Discoveries & Theories – Natural phenomena, scientific principles, and mathematical methods by themselves are not inventions. For example, discovering a new planet or proving a mathematical theorem does not qualify for patent protection.
Computer Programs & Algorithms Alone – While software can be patented under certain conditions, a standalone algorithm or a general computer program is not considered an invention.
Business Methods & Economic Schemes – Methods for conducting business, financial strategies, educational techniques, and mental exercises (such as playing a game) are not patentable.
Urban Planning & Architectural Concepts – The organization and design of buildings, landscapes, and infrastructure projects do not fall under patentable subject matter.
Artistic Designs & Product Shapes – Aesthetic elements related to product design, such as artistic solutions concerning a product’s appearance, do not qualify as inventions (though they may be protected under design rights or trademarks).

Note: If a computer program or algorithm is integrated into a technical solution that contributes to an invention, it may still be eligible for patent protection.

What Cannot Be Patented for Public and Ethical Reasons?

Certain inventions are excluded from patentability due to concerns over public order, ethics, and environmental safety. These include:

Inventions Contrary to Public Order & Morality – Anything that threatens public safety, morality, human and animal health, or the environment cannot be patented.
Living Organisms & Biological Processes – While microorganisms may be patentable, plants, animals, and biological processes for their production (such as breeding methods) are generally excluded.
Plant and Animal Species – Specific breeds of plants and animals cannot be patented under most laws.
Medical Treatment Methods – Surgical procedures, therapeutic treatments, and medical diagnosis methods applied directly to humans or animals are not patentable.
Human Cloning & Genetic Modification – Processes involving human cloning, genetic modifications that alter natural identity, or the industrial/commercial use of human embryos are strictly excluded from patentability.

Understanding these restrictions can help inventors focus on creating patent-eligible innovations. While certain ideas and methods may not be patentable, they could still be protected under alternative intellectual property rights such as copyrights, trademarks, or trade secrets.

By knowing what is not patentable, you can better strategize your intellectual property protection and avoid unnecessary legal hurdles.

“Always consult a patent professional to explore the best options for protecting your innovation. Our firm is here to assist you with your needs.”

#PatentProtection #IntellectualProperty #Innovation #PatentLaw #IPRights #LegalAdvice #TechLaw #BusinessGrowth”

Inventions and technical solutions related to products, methods, and operations that exhibit a sufficient level of inventiveness and are applicable to production are recognized as inventions. These innovations can be protected by patents, granting inventors exclusive rights to their creations.

What Makes an Invention “New”?

A technical solution is considered “new” if it is not part of the prior art. The prior art encompasses all publicly available knowledge and disclosures relevant to the invention. Specifically, prior art includes:

Published Solutions or Knowledge: Information that has been published, used, or disclosed—whether orally, in writing, or in any other form—in Mongolia or abroad before the filing date or priority date of the invention.
Previously Filed Inventions: Inventions or utility models filed in Mongolia by other parties before the filing or priority date, provided these were subsequently published in official periodicals and patented.

Exceptions to “Newness” Criteria

An invention will not lose its status as “new” if, within 12 months before the filing date, the inventor or someone who directly or indirectly obtained the information made it public without the applicant’s consent. In such cases, the burden of proof rests on the applicant to demonstrate the circumstances of the disclosure.

Inventive Step

An invention is deemed to involve an inventive step if it provides a clear and significant advancement beyond the prior art. A person skilled in the field should recognize the innovation’s distinct advantages compared to previously known solutions. When assessing the inventive step, the provisions of Article 5.3 of the relevant law do not apply to prior art evaluation.

Industrial Applicability

An invention is considered industrially applicable if it can be produced or utilized in any industry. This ensures that the innovation has practical value and can contribute to economic or technological development.

Conclusion

Understanding the criteria for invention patents is crucial for innovators seeking legal protection for their ideas. By meeting the requirements of novelty, inventive step, and industrial applicability, inventors can secure patents that safeguard their contributions and promote technological progress.

#PatentLaw #InventionProtection #IntellectualProperty #InnovativeSolutions #Patentability #IndustrialApplications #InventiveStep #LegalProtection #TechnologyAdvancement #Innovation

Navigating the trademark application process can feel daunting, but understanding each step can make it smoother. Here’s a breakdown of the procedure, as outlined by the State Administrative Authority in accordance with the Law on Trademarks and Geographical Indications.

The process begins with the examination of the completeness of your application. The authority checks if all required documents are in order and establishes the initial filing date. Therefore, the State Administrative Authority examines the completeness of the trademark application and establishes the initial filing date in accordance with the Law on Trademarks and Geographical Indications. Afterward, the authority evaluates whether the trademark meets the legal requirements and provides a conclusion.

The State Administrative Authority conducts this examination within nine months of the initial filing date. If deemed necessary, this period may be extended by up to six months.

If the trademark is found to meet the legal requirements, the State Administrative Authority issues a conclusion to that effect and, based on it, decides to register the trademark in the state registry.

If the trademark is found not to meet the legal requirements, the authority issues a conclusion to that effect and makes a preliminary decision to refuse the registration, notifying the applicant accordingly in written.

If the applicant disagrees with the preliminary decision to refuse registration, they must submit a reasoned response to the State Administrative Authority within three months of receiving the decision. If the applicant has valid reasons, they may request an extension of up to three months, subject to payment of service fees.

The State Administrative Authority makes a final decision on whether to register the trademark within three months of receiving the applicant’s response.

If the applicant fails to provide a response within the prescribed period, the administrative authority makes a final decision to refuse the registration and notifies the applicant in written.

During the examination, the applicant may introduce changes to the application, except for altering the trademark itself. If adding new goods or services to the classification, a new application must be submitted.

The applicant may also separate an application covering multiple classes of goods or services into individual applications during the examination process.

Interested parties may file an opposition to the trademark application within three months of its initial publication, in accordance with the Law on Trademarks and Geographical Indications. This period may be extended by up to two months upon request, subject to payment of service fees.

The applicant may submit responses or counterarguments to the State Administrative Authority directly or through an intellectual property representative specified in the Article 16.2 of the Law on Intellectual Property.

The State Administrative Authority delivers notifications to the applicant either in paper form or electronically.

#Trademark #IntellectualProperty #TrademarkRegistration #BusinessLaw #TrademarkProcess #LegalCompliance #IPLaw #TrademarkApplication #GeographicalIndications #TrademarkTips

When it comes to protecting intellectual property, obtaining a patent is a crucial step. But who has the right to claim this protection? Here’s a breakdown of key points regarding patent rights, as well as the process for filing a patent application.

Who Has the Right to a Patent?

The inventor of an invention or utility model—or the individuals or legal entities to whom the inventor transfers their rights—is entitled to obtain a patent. However, the specifics can vary depending on the circumstances:

Workplace Creations:
If an invention or utility model is created in the wrokplace, the right to obtain the patent belongs to the employer.
Agreements and Contracts:
In cases where inventions or utility models are developed under specific agreements, the rights to the patent are typically granted to the subscriber or financer, unless stated otherwise in the contract.
Joint Creations:
When an invention or utility model is created collaboratively, the right to the patent is shared jointly among the creators. However, those who merely provided technical, organizational, or financial support—or assisted in the patent application process—are not considered co-creators.
Independent, Identical Inventions:
If two individuals independently create identical inventions or utility models, the right to the patent is awarded to the person who submits their application first.

How to File a Patent Application

The process for filing a patent application involves several important steps:

Submission of Application:
The inventor—or the individual or entity that has obtained the inventor’s rights—must submit a patent application to the intellectual property organization. This can be done either in paper or electronic form.
Representation Through an Agent:
Applicants may choose to work with an intellectual property agent to assist in filing their application. For foreign citizens, stateless individuals, or foreign entities that are not permanently based in Mongolia, representation through an intellectual property agent is mandatory.
Separate Applications:
A separate application must be filed for each invention or utility model. However, if two or more inventions or utility models serve a single purpose and are used together as a unit, they may be included in a single application.

Understanding your rights and responsibilities when it comes to patents is essential for protecting your innovations. Whether you’re an individual inventor, a company, or a collaborative team, ensuring proper filing and adherence to legal requirements will help safeguard your intellectual property effectively.

Have questions about the patent application process or your rights? Our law firm’s certified intellectual property representatives will provide you professional advice and guidance.

#PatentRights #IntellectualProperty #Inventions #UtilityModels #PatentApplication #Innovation #IPProtection #LegalRights #BusinessLaw #InnovationProtection

In accordance with the Law on Trademarks and Geographical Indications, several changes can be made to the state registration of a trademark at the request of the trademark owner. These changes are important for ensuring that the trademark records are up to date and reflect any changes in ownership, validity, or other details.

Types of Changes to the Trademark Registration:

Renewal of the Registration Validity Period
Trademark owners can request a renewal of the registration validity period to extend the protection of their trademark.
Change of Trademark Owner’s Name and Address
If there is a change in the trademark owner’s name or address, the new details must be updated in the trademark register.
Transfer of Trademark Ownership Rights
If the ownership of the trademark is transferred, the new owner’s details must be recorded in the state register.
Removal of Items from the Goods and Services List
The trademark owner may request to remove certain goods or services from the registered list of goods and services associated with the trademark.

Process for Requesting Changes

Renewal of Registration Validity
A request for renewal must be submitted to the relevant government authority either during the last year of the registration’s validity or within six months after the registration expires, during the grace period. Please note that renewing the registration validity will not involve changes to the trademark itself or the addition of new items to the goods and services list.
Notification of Changes in Owner Details or Rights
If the trademark owner changes their name or address, or if there is a transfer of ownership, the trademark owner must notify the relevant government authority in writing or electronically. This notification must occur within six months of the change. Once the notification is received, the change will be recorded in the state trademark register.
Public Announcement
After the changes are made to the trademark register, the government authority will publicly announce these changes through official periodic publications.
Service Fees
There will be a service fee associated with requests for an extension of the registration validity period, changes to the trademark owner’s name or address, or the transfer of trademark rights. These fees are required to process the changes in the state register.

Conclusion

Keeping the state trademark register up to date is essential for trademark owners to maintain the legal protection of their marks. By understanding the procedures for renewing registration, changing ownership details, transferring rights, and updating the goods and services list, trademark owners can ensure their intellectual property rights remain valid and protected.

#Trademark #IntellectualProperty #TrademarkRegistration #BrandProtection #TrademarkOwner #IPRights #LegalServices #BusinessLaw #Mongolia #TrademarkRenewal #TrademarkChanges #Trademarks #StateRegistration #BrandManagement

The Economic Partnership Agreement (EPA) between Mongolia and Japan came into effect in 2016, with implementation starting on June 7, 2016. This agreement aims to boost trade, investment, and industrial sector exports, while also increasing foreign currency earnings between the two nations. The EPA focuses on reducing tariff and non-tariff barriers, facilitating trade, and simplifying customs procedures for smoother transactions.

Under the agreement, both countries negotiated a reduction in import customs tariffs for a wide range of goods. Mongolia will benefit from a reduction on 59% of the imported goods, which includes around 3,429 types of products across 97 categories. On the other hand, Japan has agreed to lower tariffs on 86% of the goods imported from Mongolia, covering approximately 8,000 types of goods. These tariff reductions came into effect as soon as the agreement was implemented.

To further streamline the export process, Mongolia will now digitize the origin certificates for goods being exported to Japan. According to the Mongolian National Chamber of Commerce and Industry (MNCCI), starting from May 7, 2025, exporters will receive their origin certificates electronically in PDF format. This move is part of an ongoing effort to improve the efficiency and convenience of trade between the two nations.

With this transition to digital certificates, Mongolia and Japan continue to strengthen their economic relationship, creating new opportunities for businesses in both countries.

#MongoliaJapanTrade #EconomicPartnershipAgreement #DigitalCertificates #TradeEfficiency #ExportBusiness #MongolianExports #JapanTrade #TradeSimplification #CustomsProcedures #BusinessOpportunities #MNCCI

Are you considering investing in a free zone? The benefits can go beyond logistical advantages—there are tax incentives you might be eligible for, depending on the nature of your business and your investment scale. Let’s explore the opportunities outlined in the Corporate Income Tax Law and how they can work for you.

What Are Free Zones?

Free zones are designated areas where businesses can operate under special regulations designed to encourage investment, innovation, and trade. To support economic development, many governments offer tax reliefs to incentivize investments in infrastructure and key facilities within these zones.

Tax Relief: How It Works

Under Article 22.5 of the Corporate Income Tax Law, businesses operating in free zones can enjoy significant tax breaks if they meet one of the following conditions:

1. Investing in Free Zone Infrastructure

If your business has invested $500,000 USD or more in critical infrastructure, such as:

Energy and heating systems
Pipelines and clean water supply
Sewage systems
Roads, railways, or airports
Communication networkss

Then, 50% of the income you earn from the free zone—equal to the amount of your investment—will be exempt from corporate income tax.

2. Investing in Specific Free Zone Facilities

If your investment focuses on constructing or developing:

Warehouses
Loading and unloading terminals
Hotels or tourism complexes
Factories producing export-oriented or import-substituting products

And your investment totals $300,000 USD or more, you’re also eligible for a tax break. Similar to infrastructure investments, 50% of your income from the free zone—up to the value of your investment—is exempt from corporate income tax.

Beyond the tax incentives, free zones offer:

Easier access to global markets
Streamlined customs procedures
Modern infrastructure tailored for business operations
Networking opportunities with like-minded entrepreneurs

These advantages make free zones a hotspot for businesses aiming to expand regionally or globally while optimizing costs.