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:

1. Workplace Creations:
   If an invention or utility model is created in the wrokplace, the right to obtain the patent belongs to the employer.
2. 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.
3. 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.
4. 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.

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