How is Legal Protection of Inventions Carried Out in Turkmenistan?

BUSINESS TURKMENISTAN
How is Legal Protection of Inventions Carried Out in Turkmenistan?
The right to an invention is protected by the legislation of Turkmenistan and is confirmed by a patent or a limited patent.

An invention is a technical solution to a problem that is novel and has industrial applicability. State regulation in the field of legal protection of inventions is carried out by Turkmenpatent – State Service of Intellectual Property of the Ministry of Finance and Economy of Turkmenistan.

The right to an invention is protected by the legislation of Turkmenistan and is confirmed by a patent or a limited patent. A patent or a limited patent is a title of protection of Turkmenistan certifying the priority, authorship and exclusive right of the patent holder to an invention. A patent is issued after a patent examination and registration in the State Register of Inventions.

The person using the claimed invention during the period of its temporary legal protection shall pay the owner of the patent or limited patent after receiving the patent or limited patent, monetary compensation, the amount of which is determined by agreement of the parties.

Duration of patent and limited patent:

  • The patent is valid for twenty years from the date of filing an application for an invention with Turkmenpatent and subject to payment of the established fee for each year of the patent.
  • A limited patent is valid for ten years from the date of filing an application for an invention with Turkmenpatent and subject to payment of the established fee for each year of the limited patent.
  • For the payment of the fee for the years of validity of a limited patent or patent, a grace period of six months is provided, subject to the payment of the established fee.

The invention passes into the public domain upon the expiration of the term or in connection with the early termination of the patent or limited patent.

An invention that has passed into the public domain can be freely used by any person without anyone's consent or permission and without payment of remuneration for use.

Source: Law of Turkmenistan on Legal Protection of Inventions

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