PCT Applicant's Guide Georgia EQE - Valid as from 31 Oct 2023

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2023, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau (pct.guide@wipo.int).

List of abbreviations used in this document:

Office: National Intellectual Property Center of Georgia (SAKPATENTI)

PL: Georgian Patent Law

The text may be obtained on the Internet at http://www.sakpatenti.gov.ge

List of currencies used in this document:

GEL (Lari),

USD (US dollar)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

Article 64(5)
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Georgia

Two-letter code:

Name of Office:

National Intellectual Property Center of Georgia (SAKPATENTI)

Location:

5 Antioch Str.
3300 Mtskheta
Georgia

Mailing address:

Same as above

Telephone:

(995-32) 225 25 33

E-mail:

info@sakpatenti.gov.ge

Website:

http://www.sakpatenti.gov.ge

Facsimile:

(995-32) 298 84 26

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within 30 days from the date of the transmission

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Yes, the Office is prepared to allow applicants to make international and national applications available to the WIPO DAS

For further details on how to request this Office to make applications available to DAS, refer to http://www.sakpatenti.gov.ge/en

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

GE,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Utility models

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Upon entry into the national phase, Sakpatenti as a designated office or an elected office shall publish the international application in Georgian language as soon as the Georgian translation is submitted and the fee for examination as to form and publication of the application is paid. From the date of publication of the application in Georgian language the applicant shall be granted the provisional rights.

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under Article 22 or 39(1), the Office will invite the applicant to comply with the requirements within a time limit of two months from the date of receipt of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Georgia

Language in which international applications may be filed:

If the language in which the international application is filed is not accepted by the International Searching Authority (refer to Annex D), the applicant will have to furnish a translation (PCT Rule 12.3).

English,

Georgian,

Russian

Language accepted for language-dependent free text in the sequence listing:

Same language as the international application (English, Georgian or Russian); or English and another filing language

Language in which the request may be filed:

English,

Russian

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Yes, the Office accepts electronic filing via ePCT-Filing

For the relevant notifications by the Office, refer to the Official Notices (PCT Gazette) dated 1 June 2017, pages 82 et seq. and 18 August 2022, page 228.

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the receiving Office”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “due care” and the “unintentional” criteria to such requests

Competent International Searching Authority:

AT,

EP,

IL,

RU,

Competent International Preliminary Examining Authority:

AT,

EP ¹,

IL ²,

RU,

US ²

Fees payable to the receiving Office:

Transmittal fee:

This fee is reduced by 70% where the applicant is the inventor, a higher educational institution or an independent scientific-research unit and by 90% where the applicant is a student, a pupil or a pensioner.

Equivalent in GEL of 100 USD

International filing fee:

1,435 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Fee per sheet in excess of 30:

16 USD

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

216 USD

Electronic filing (the request, description, claims and abstract in character coded format):

324 USD

Search fee:

Refer to
Annex D(AT)
Annex D(EP)
Annex D(IL)
Annex D(RU)
Annex D(US)

Fee for priority document (PCT Rule 17.1(b)):

This fee is reduced by 70% where the applicant is the inventor, a higher educational institution or an independent scientific-research unit.

Equivalent in GEL of 30 USD

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

Equivalent in GEL of 60 USD

Is an agent required by the receiving Office?

As from 1 January 2025, an applicant not having a residence or a registered legal address in Georgia shall appoint a patent attorney of Georgia as a representative before Sakpatenti.

No, if the applicant resides in Georgia. If the applicant does not reside in Georgia, it is highly recommended to appoint an agent.

Who can act as agent?

As from 1 January 2025, an applicant not having a residence or a registered legal address in Georgia shall appoint a patent attorney of Georgia as a representative before Sakpatenti.

Any person who is a resident of Georgia or a patent attorney of Georgia.

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

Deposits may also be made for the purposes of patent procedure before the National Intellectual Property Center of Georgia (SAKPATENTI) with “any scientifically recognized institution at home and abroad” and that includes all institutions published further in this Annex.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished within two months from the date of request for entry into the national phase

Georgian

Required contents of the translation for entry into the national phase:

Must be furnished within two months from the date of request for entry into the national phase

In certain circumstances, the Office is entitled to require both the translation of the international application as originally filed and as amended; in such a case, the Office will invite the applicant to supply the missing translation

Under PCT Article 22: Description, claims (if amended, as originally filed or as amended, if the applicant wishes the amendments to form the basis for the proceedings, together with any statement under PCT Article 19 ), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, as originally filed or as amended by the annexes to the international preliminary examination report, if the applicant wishes the amendments to form the basis for proceedings)

Is a copy of the international application required in particular circumstances?

National fees:

Fees are reduced:
— by 70% where the applicant is the inventor, a higher educational institution or an independent scientific research unit
— by 90% where the applicant is a student, pupil or retiree
— by 20% for applications filed electronically

Patents and Utility models

Fee for examination as to form and publication of application:

— up to 30 pages of application

This fee must be paid within one month from the date of request for entry into the national phase.

Equivalent in GEL of 100 USD

— for each additional page over 30

This fee must be paid within one month from the date of the invitation to pay.

Equivalent in GEL of 3 USD

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation

Name and address of the inventor if they have not been furnished in the “Request” part of the international application ³

Deed of transfer where the applicant is not the inventor ³

Appointment of an agent if the applicant is not resident in Georgia

Power of attorney if an agent or representative is appointed

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

As from 1 January 2025 an applicant not having a residence or a registered legal address in Georgia shall appoint a patent attorney of Georgia.

Any person who is a resident of Georgia or a patent attorney of Georgia.

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “due care” and the “unintentional” criteria to such requests

The procedure in the national Phase

GE.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

GE.02 FEES (MANNER OF PAYMENT)

PL Art. 47
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex GE.I. The fee for examination as to form and publication of the application (up to 30 pages of the application) must be paid within one month from the date of request for entry into the national phase. The fee for examination as to form and publication of the application (for each additional page over 30) must be paid within one month from the date of the invitation to pay.

GE.03 DEED OF TRANSFER

PL Art. 24.3
If the applicant is not the inventor, a deed of transfer must be furnished within two months from the date of the request for entry into the national phase. There is no special form for this statement. Legalization is not required.

GE.04 POWER OF ATTORNEY

PL Art. 24.2
An agent must be appointed by filing a power of attorney within two months from the date of request for entry into the national phase. Any person who is a resident of Georgia or a patent attorney of Georgia may act as an agent. From 1 January 2025 an applicant not having a residence or a registered legal address in Georgia shall appoint a patent attorney of Georgia.

GE.05 MENTION OF INVENTOR

PL Art. 18.3
If the inventor prefers to remain anonymous, a special request must be made to the Office during the national phase.

GE.06 PRIORITY DOCUMENT (TRANSLATION)

PCT Rule 51bis.1(e)
The Office may require the applicant to furnish a translation of the priority document into Georgian only in certain cases, and upon special invitation.

GE.07 FEE FOR GRANT

PL Art. 47
Before issuance of the decision to grant the patent, the applicant is invited to pay the fee for registration of the patent, the publication of the patent and the issuance of the patent certificate within two months from the date of receipt of the invitation. If paid on time, the patent is granted, published and patent certificate issued. If the fee is not paid within the said time limit, the grant of patent will not take place and proceedings with regard to the application shall be terminated.

GE.08 MAINTENANCE FEE

PL Art. 47, PL Art. 54
A maintenance fee is due as from the third year after the international filing date. The maintenance fee is due on the anniversary of the filing date. If the maintenance fee is not paid in time, the application proceedings are terminated/the patent lapses. Reinstatement of the application is possible upon payment of the missed maintenance fee and a reinstatement fee, within six months from the date of termination of the application. If the patent maintenance fee is not paid in time, reinstatement of the patent may be requested. There is a six-month period from the due date for requesting reinstatement of the patent by paying the missed maintenance fee without surcharge, and an additional six-month period for requesting reinstatement of the patent by paying the maintenance fee and a reinstatement fee. The amounts of the maintenance fees are indicated in Annex GE.I.

GE.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

GE.10 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

GE.11

PL Art. 46
Reinstatement may be requested where the applicant has failed to comply with a time limit during the international phase or before the Office.

A request for reinstatement of rights related with an international application, lost due to the non-respect of the time limit for entry into the national phase due to a justifiable reason, must be presented in writing within two months after removal of the cause of non-compliance with the time limit but not later than one year from the expiration of the time limit which has not been observed. The applicant must complete the omitted act and pay the reinstatement fee (indicated in Annex GE.I).

Reinstatement of an international application in the national phase forfeited due to failure to meet a time limit is possible upon completing the omitted act and payment of a reinstatement fee, within six months from the date of termination of the application.

GE.12 UTILITY MODEL

PL Art. 73, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes his application to be treated as an application for the grant of a utility model, when performing the acts referred to in Article 22 or 39, he shall so indicate to the Office.

GE.13

Utility model protection cannot be obtained for microorganism strains, plant and animal cell cultures, biotechnology and genetic engineering subject-matters, substances obtained by chemical processes, including pharmaceutical substances.

A utility model is registered after a limited substantive examination. Novelty is examined globally. Inventive step is not examined.

A utility model application must contain only one independent claim.

GE.14 CONVERSION

An international application for a patent may be converted into a utility model application after the applicant has complied with the requirements for entry into the national phase for a patent application, as indicated in the Summary. Conversion can be requested before a decision of grant is issued.

GE.15

An international application for a utility model may be converted into a patent application after the applicant has complied with the requirements for entry into the national phase for a utility model application, as indicated in the Summary. Conversion can be requested before a decision of grant is issued.

Annexes

Annex GE.I - Fees

All fees are payable in GEL equivalent of US dollar.

Fee for examination as to form and publication of application:

— up to 30 pages of application

This fee must be paid within one month from the date of request for entry into the national phase.

100 USD

— for each additional page over 30

This fee must be paid within one month from the date of the invitation to pay.

3 USD

Fee for extension of term to reply to official actions

30 USD

Fee for voluntary amendments during processing

40 USD

Fee for voluntary amendments after grant

60 USD

Fee for reinstatement of rights of the applicant with respect to an international application where the applicant failed to comply with the requirement of Article 22 or 39(1)

100 USD

Fee for restoration of the right of priority

60 USD

Publication fee for patent and utility model specification up to 30 pages

This fee is reduced by 20% for applications filed electronically.

60 USD

— for each additional page in excess of 30

This fee is reduced by 20% for applications filed electronically.

2 USD

Fee for registration of patent, publication of patent, issuance of patent certificate (up to 30 pages)

This fee is reduced by 20% for applications filed electronically.

200 USD

Fee for registration of patent, publication of patent, issuance of patent certificate (for each additional page over 30)

3 USD

Fee for conversion of patent application into utility model application

50 USD

Fee for conversion of utility model application into patent application

70 USD

Fee for registration of utility model, publication of utility model

150 USD

Fee for requesting supplementary protection certificate for patent

100 USD

Maintenance fees:

for patent:

— for the 3^rd to the 5^th years

per year, 50 USD

— for the 6^th to the 8^th years

per year, 70 USD

— for the 9^th to the 11^th years

per year, 170 USD

— for the 12^th to the 14^th years

per year, 250 USD

— for the 15^th to the 17^th years

per year, 300 USD

— for the 18^th to the 20^th years

per year, 500 USD

for supplementary protection certificate:

100 USD

— for the 21^st year

600 USD

— for the 22^nd year

700 USD

— for the 23^rd year

800 USD

— for the 24^th year

900 USD

— for the 25^th year

1,000 USD

— for the 26^th year

1,100 USD

for utility model:

— for the 3^rd and 4^th years

per year, 50 USD

— for the 5^th and 6^th years

per year, 70 USD

— for the 7^th and 8^th years

per year, 170 USD

— for the 9^th and 10^th years

per year, 300 USD

Fee for reinstatement of patent or utility model

100 USD

How can payment of fees be effected?

The payment of fees must be effected in GEL equivalent in USD. If the applicant is not a resident in Georgia, the payment must be effected by an agent or a representative. All payments must indicate the application number, the name of the applicant and the category of fee being paid.

The payment of all fees is due to the National Intellectual Property Center of Georgia (SAKPATENTI) and should be effected by a bank transfer at the following account:

Identification code
203831363

Beneficiary’s bank
State Treasury

Beneficiary’s name
Unified Account of Treasury

Bank code
TRESGE22

Account number/Treasury code (GEL)
707807132

Forms

Please refer to the Office.

Notes:
¹ ^aThe Office is competent only if the international search is or has been carried out by that Office or by the Austrian Patent Office.
² ^a ^bThe Office is competent only if the international search is or has been carried out by that Office.
³ ^a ^bThis requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Processing

GE - Georgia
National Intellectual Property Center of Georgia (SAKPATENTI)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

GE - Georgia National Intellectual Property Center of Georgia (SAKPATENTI)

Error Information Warning Confirmation

GE - Georgia
National Intellectual Property Center of Georgia (SAKPATENTI)