Category Archives: Legal Requirements

Understanding Inventions and Utility Models in the Workplace



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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:

  1. The invention is developed by an employee as part of their job responsibilities outlined in their employment contract.
  2. The invention results from work-related tasks assigned by the employer.
  3. 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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Understanding Patent Application Modifications: Division, Merging, Amendments, Transfers, and Refusals



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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.

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“Unlock Mongolia’s Oil Exploration Licensing: A Step-by-Step Guide for Legal Entities”



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Mongolia’s oil reserves offer vast potential for legal entities looking to venture into the exploration sector. However, securing an oil exploration license in Mongolia requires navigating a detailed legal and regulatory process. Here’s a breakdown of the essential steps and requirements to ensure your success.

Step 1: Prepare Your Application

Before diving into the licensing process, ensure you have all necessary documents. These include:

  • Corporate Registration: Proof of registration in Mongolia or a valid permit for foreign entities.
  • Exploration Plan: A comprehensive outline detailing exploration methods, technology, and project timelines.
  • Financial Evidence: Financial reports showcasing the ability to fund the project, including past financials and future budgets.
  • Environmental and Social Impact Assessments: Reports addressing how the project could impact the environment and local communities, along with mitigation strategies.

Step 2: Application Review

Once submitted, the Ministry of Mining and Heavy Industry, along with other regulatory bodies, evaluates your application. They assess your company’s technical and financial capacity and the environmental impacts. For large projects, public consultations with local communities might be required to gather input.

Step 3: License Agreement

If the application meets all the legal and regulatory requirements, the Ministry grants the exploration license. This agreement outlines the license area, duration, and compliance expectations.

Step 4: Ongoing Reporting

After securing the license, companies must submit regular progress reports on exploration activities, financial expenditures, and any encountered challenges to the relevant Mongolian authorities.

Securing an oil exploration license in Mongolia is a multi-step process requiring strong preparation, financial stability, and environmental accountability. By adhering to these requirements and staying informed about any regulatory updates, your company can successfully navigate Mongolia’s oil exploration landscape.

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