The ratification of the Validation Agreement by the parliament of Georgia completed the negotiation process between Georgia and the European Patent Office, which was launched in 2012.
Concluding of the Validation Agreement with the EPO is an important tool for further development of the patent system in Georgia. It will strengthen the industrial property protection and facilitate fulfillment of the commitments under the Association Agreement between the European Union and Georgia and gradual integration of the economy of Georgia into the European market.
IMPORTANT FACTS ON VALIDATION OF EP PATENTS IN GEORGIA
- After entering into the force of the Validation Agreement of EP patents in Georgia, it is deemed that request for validation in Georgia is made for all applications which enter national phase in EPO.
- Validation request may be withdrawn anytime. Validation request is deemed withdrawn if validation fee for Georgia is not paid in time or if EPO issues refusal on granting the EP patent.
- Georgian PTO has an obligation to publish the request for validation on all applications after receiving of notification from EPO about payment of respective validation fee, but not before the period of 18 months after filing date of EP application or, if priority is claimed, after the date of earliest priority.
- If validation request is withdrawn, Georgian PTO is obliged to publish the information on withdrawal of validation request if respective validation request was already published.
- Validation fee shall be paid to EPO within 6 months after publishing the information in European Patent Bulletin on European search report, or within the period determined for such payment for PCT applications entering national phase in If an applicant fails to pay the validation fee within the indicated deadline, late payment with an additional 50% of fee is possible within 2 months after the expiration of initial payment term.
- If applicant wishes to exercise provisional/conditional rights on the EP patent application for which validation in Georgia is claimed, he is authorized to submit translation of the claims certified by registered patent attorney of Georgia to Georgian PTO any time and pay the publication fee. Provisional rights are commenced from the date of publication of the translation of the claims by the Georgian PTO.
- Applicant shall submit full translation of the EP patent (specifications, claims, abstract, drawings) certified by registered
patent attorney of Georgia to Georgian PTO within 3 months from publication by the EPO information on granting EP patent and pay the fee for publication of the Georgian translation of the EP patent. - Georgian PTO checks only conformity of the translation of the claims with the authentic text of the EP patent and in case of any discrepancies, issues the Office action which should be corrected within the deadline determined in the Office action upon payment of respective publication fee.
- In case of restriction of claims and/or any amendment in the EP patent by the EPO, respective translation shall be submitted to the Georgian PTO and corresponding publication fee shall be paid.
- Late payment of publication fees are possible together with additional 100% late payment fee within 3 months after expiration of the deadline.
