PCT Applicant's Guide Mongolia - Valid as from 15 Sep 2023

Applicable as from 15 September 2023

(published on 21 June 2024)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
GENERAL INFO: Contact details
SUMMARY: National fees
THE PROCEDURE: Various
ANNEXES: National Fees

Consult the full list of the changes

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: Intellectual Property Office of Mongolia

MPL: Mongolian Patent Law

MPR: Regulations on the Drafting, Filing and Processing of an Application for a Patent for Invention

List of currencies used in this document:

CHF (Swiss franc), MNT (Tugrik)

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

The Office does not have any reservations, declarations, notifications or incompatibilities.
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:

Mongolia

Two-letter code:

Name of Office:

Intellectual Property Office of Mongolia

Location:

13381 Ulaanbaatar
Bayanzurkh district
3 khoroo
Enkhtaivan avenue 30
Mongolia

Mailing address:

Same as above

Telephone:

(976-11) 316 454

E-mail:

ipinfo@ipom.mn

Website:

http://www.ipom.gov.mn

Facsimile:

None

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

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)?

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)?

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

IB,

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

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

None

Provisional protection after international publication:

None

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

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

May be in the request or may be furnished later. If not already in the request, they may be furnished within 21 months (or 31 months where PCT Article 39(1) applies) from the priority date. If not already furnished within that time limit, the Office will invite the applicant to comply with the requirement within a time limit fixed in the invitation.

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

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Mongolia

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,

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?

Information not yet available

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

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

EP,

KR,

Competent International Preliminary Examining Authority:

KR,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

None

International filing fee:

1,330 CHF

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

Fee per sheet in excess of 30:

15 CHF

Search fee:

Refer to Annex D(EP)
Annex D(KR)
Annex D(RU)

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

None

Is an agent required by the receiving Office?

No, if the applicant resides in Mongolia
Yes, if the applicant is a non-resident

Who can act as agent?

Any natural or legal person resident in Mongolia, registered to practice as a patent agent before the Office

Waiver of power of attorney:

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

Refer to the Office

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

Refer to the Office

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):

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

Mongolian

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

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, 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, both as originally filed and as amended by the annexes to the international preliminary examination report)

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

National fees:

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 requirements within a time limit fixed in the invitation

Annual fee for the period from the 1^st to the 5^th year

40,000 MNT

Exemptions, reductions or refunds of fees:

None

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

The list of special requirements is still subject to confirmation by the Office.

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

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

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

Inventor’s declaration

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Assignment deed where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Who can act as agent?

Any natural or legal person resident in Mongolia, registered to practice as a patent agent before the Office

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

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

MN.01 FORM FOR ENTERING THE NATIONAL PHASE

MPR Rule 1.2
The Office has available a special form for entering the national phase (refer to Annex MN.II). This form should preferably (but need not) be used.

MN.02 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). If the translation furnished to the Office contains only the description, the Office will invite the applicant to furnish the missing part and will excuse the late furnishing provided that the scope of the disclosure contained in the translation furnished to the Office is not broadened thereby.

MN.03 FEES (MANNER OF PAYMENT)

MPL Art. 24
The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex MN.I.

MN.04 INVENTOR’S DECLARATION

MPL Art 6(5)
For details, refer to the model of such declaration in Annex MN.III. Legalization is not required.

MN.05 ASSIGNMENT DEED

MPL Art. 6(5)
For details, refer to the model of such deed in Annex MN.IV. Legalization is not required. If the applicant has obtained the right to file the international application through the intermediary of one or more other persons and not directly from the inventor, the assignment deed linking the inventor and the applicant must be produced.

MN.06 POWER OF ATTORNEY

MPL Art. 6(5), MPL Art. 7
An agent must be appointed by power of attorney. A model is given in Annex MN.V.

MN.07 FEE FOR GRANT

MPL Art. 24, MPL Art. 25
The fee for grant must be paid within six months after receipt by the applicant of the decision to grant the patent. Where the applicant fails to pay the fee within that time limit, he can make this payment, together with a 100% surcharge for late payment, within six months from the date of the expiration of the above-mentioned time limit. The amount of the said fee is indicated in Annex MN.I.

MN.08 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41, MPL Art. 10(3), MPL Art. 10(4)
Within three months after entry into the national phase, the applicant has the right to amend or correct the description, claims or drawings on his own initiative, without paying any fee for that purpose, provided that the amendments or corrections do not modify the subject matter of the claimed invention or utility model beyond the original disclosure.

MN.09 ANNUAL FEES

MPL Art. 25(2),  MPL Art. 25(3)
Fees for the maintenance of a patent must be paid for fixed periods as indicated in Annex MN I. The maintenance fees for the first five years must be paid within six months from the date when the decision to grant the patent was made. The fees for the subsequent periods must be paid during the six months prior to the commencement of those periods. If no payment is made in time, it can still be made within six months from the date of expiration of the time limit. The amounts of the annual fees are indicated in Annex MN I.

MN.10 EARLY START OF NATIONAL PHASE

PCT Art. 23(2)
If the applicant wishes the examination of his application by the Office to start earlier than the expiration of the time limit applicable under PCT Article 22 or 39(1), he can file an express request in writing therefor.

MN.11 UTILITY MODEL

PCT Rule 49bis.1, PCT Rule 49bis.1(a), PCT Rule 49bis.1(b), PCT Rule 76.5
If the applicant wishes to obtain a utility model registration on the basis of an international application instead of a patent, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

MN.12

MPL Art. 13(1)
If the international application is for a utility model instead of a patent, the requirements are basically the same as for a patent.

MN.13 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. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within two months from the date of receipt of the decision.

MN.14 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. Restoration of rights may be requested where the applicant has failed to observe a time limit during the international phase or before the Office. A request to waive the requirement which was not observed is also possible. Any such request must state the reasons for missing the time limit or for the failure to observe a requirement and must be accompanied by evidence in support of the statements made.

Annexes

Annex MN.I - Fees

Fee for grant

25,000 MNT

Annual fees:

— for the period from the 1^st to the 5^th year

40,000 MNT

— for the period from the 6^th to the 10^th year

60,000 MNT

— for the period from the 11^th to the 15^th year

80,000 MNT

— for the period from the 16^th to the 20^th year

120,000 MNT

Surcharge for late payment of fees

30,000 MNT

How can payment of fees be effected?

Applicants who are foreign nationals or foreign entities must pay all fees (including annual fees) in freely convertible currency through an agent chosen from the list of agents appointed by the Office.

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex MN.II - National processing application form

Annex MN.III - Inventor’s declaration

Annex MN.IV - Assignment deed

Annex MN.V - Power of attorney

Processing

WIPO - PCT Applicant's Guide MN - Mongolia Intellectual Property Office of Mongolia

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide MN - Mongolia
Intellectual Property Office of Mongolia