WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/GEO/P/1
12 April 2002
(02-2007)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
GEORGIA
The present document reproduces the text1 of the Patent Law, as notified by Georgia under
Article 63.2 of the Agreement (see document IP/N/1/GEO1).
Conseil des aspects des droits de propriété
intellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
GÉORGIE
Le présent document contient le texte1 de la Loi sur les brevets, notifiée par la Géorgie au titre
de l'article 63:2 de l'Accord (voir le document IP/N/1/GEO/1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
GEORGIA
En el presente documento se reproduce el texto
1 de la Ley de Patentes, notificado por Georgia
en virtud del párrafo 2 del artículo 63 de l Acuerdo (véase el documento IP/N/1/GEO/1).
                                                     
1 In English only.  The text in the original language is available for consultation by interested
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas
podrán consultar en la Secretaría de la OMC el texto en su idioma original.IP/N/1/GEO/P/1
Page 2
                                                PATENT LAW OF GEORGIA
                                         CHAPTER I. GENERAL PROVISIONS
ARTICLE 1
This Law regulates property and personal non- property relations formed  in connection
with the creation,  legal protection and expl oitation of the industrial property objects -
inventions, utility models  and industrial designs.
ARTICLE 2
For the purposes of this Law, unless expressly stated otherwise:
a) “Sakpatenti” means National Intell ectual Property Center of Georgia;
b) International Bureau - Internationa l Bureau of World Intellectual Property
Organization;
c) Paris Convention - the Paris Convention for the Protection of Industrial Property,
signed at Paris on March 20, 1883, as revise d and amended at Stockholm on July 14, 1967
and on September 28,1979;
d) Patent Cooperation Treaty (PCT) - multilateral internationa l treaty, signed on June 19,
1970 revised on September 28, 1979, amended on February 3, 1984;
e) Object of industrial property - inve ntion, utility model, industrial design;
f) Patent - protective document granted in respect to this Law;g) Importation patent - patent granted in re spect to this Law for the invention patented
abroad;
h) Applicant - natural person or legal entity claiming for a patent;i) Application - collection of documents ne cessary for granting of a patent, made in
respect to the approved requirements;
j) International applica tion - application drawn up and filed under the PCT;
k) Examination as to form - checking of a pplication documents completeness, of drawing
up and unity of objects described therein;
l) Priority - privilege enjoyed by the application filed earlier in respect to the later
application;
m) Convention priority - priority enjoyed by the applicant in case of filing the application
for obtaining of patent with the state party to  the Paris Convention established by the filing
date of the first application, in regard  to the Article 4 of this Convention;
n) Exhibition priority - priority enjoyed by the applicant in case of filing the application
for obtaining of patent with the state part y to the Paris Convention established by the
exposition date of the invention, utility model or  industrial design at official or officially
recognized exhibition held in the states party to the above mentioned Convention, in regard to
the Article 11 of this Convention;
o) Patent Attorney - person registered at Sa kpatenti acting in the name of another person
in the sphere of industrial property;
p) Depository - authorized organization, wher e the biological reproducible material is
kept.IP/N/1/GEO/P/1
Page 3
ARTICLE 3
For an invention, utility model and industrial design is granted a patent, which confirms
the authorship and grants the patent owner th e exclusive right on the invention, utility model,
or industrial design.
ARTICLE 4
1. In the name of the foreign patent ow ner can be granted an importation patent.
2. The importation patent is granted for the invention patented abroad, examination on
which was conducted pursuant to all the criteria of patentability.
3. The importation patent gives the patent ow ner the exclusive right to use, produce or
sell goods, but it does not give him the right to prohibit the third party to import such  product
from abroad.
ARTICLE 5
1. Patent validity term of the invention is 20 years as from the day application is filed
with Sakpatenti.
2. The validity term of the importation patent is defined by the validity term of foreign
basic patent, but no longer than 10 years as from the day of filing with Sakpatenti.
3. The patent validity term of utility model is 8 years as from the day the application is
filed with Sakpatenti.
4. The patent validity term on industrial design is 15 years as from the day application is
filed with Sakpatenti.
ARTICLE 6
1. The legal protection scope of the inventi on is defined by claims of the invention.
2. The legal protection scope of the utility model is defined by claims of the utility
model.
3. The legal protection scope of the industr ial design is defined by the unity of
characteristic essential features of the design itself or by the characteristic essential features
represented in its reproduction.
ARTICLE 7
1. A patent for an invention and utility model, which for the purposes of state defense
classified as secret by the respective competent body, is granted only after theirdeclassification on the basis of a de cision taken by the competent body.
2. The patent may be classified as secret  for 2 years term, which can be extended by
every following 2 years.
3. The rules of legal protection and use of secret invention, utility model are defined by
special normative acts.IP/N/1/GEO/P/1
Page 4
CHAPTER II.  “SAKPATENTI”
ARTICLE 8
“Sakpatenti” is a legal entity of public law, which provides the legal protection of the
natural persons’ and legal entities’ rights in the sphere of intellectual property protection.
ARTICLE 9
The Chamber of Appeals functions at Sakpatenti, which considers the litigation as
regards to the procedure of securing of the rights for the intellectual property objects.
ARTICLE 10
1. The functions and powers of Sakpatenti are defined by its regulation approved by the
President of Georgia.
2. Sakpatenti is headed by the Director Gene ral appointed by the President of Georgia.
ARTICLE 11
1. Sakpatenti financia l resources are the fees prescribed in respect to the approved rules
related to the examination as to form and substantive examination of the objects ofintellectual property, to registration and ma intenance, to appeal and other procedures
concerning main activities, as well as income s obtained by information, consultation-research
and other kinds of services.
2. The fees and other incomes are transferre d to Sakpatenti account, which is in charge
of Sakpatenti only.  The amounts unemployed by  Sakpatenti during the year will be deferred
for the coming year.
3. It is admissible to appropriate the funds , the grants  for Sakpatenti from the state
budget in respect to the approved rule.
4. Sakpatenti for December 1 of every year draws up the budget of coming year,
representing total expenses of Sakpatenti and the source for their settlement.
5. Sakpatenti budget is appr oved by the Director General of Sakpatenti.
CHAPTER III. PATENTABILITY
ARTICLE 12
1. By a patent shall be protected an inven tion, which is patentable and satisfies the
criteria of novelty, inventive st ep and industrial applicability.
2. The invention is novel, if it does not re late to the existing state of the art.
3. The invention involves the inventive step, if fo r the filing date of a pplication or  if the
Convention priority is claimed, for the date of this priority it is not obvious from the existing
state of the art for the person skilled in the art.
4. Industrial application of the inventi on implies the capability of its production, or
making use of it in the sphere of industry, ag riculture, health, and ot her spheres of activities.
5. The existing state of the art is defined by  all those data, that have become commonly
known on the basis of written or verbal descrip tions, public use or other sources before theIP/N/1/GEO/P/1
Page 5
filing date of application for a patent, or if the Convention prio rity is claimed before the date
of this priority.
6. At determination of inven tion novelty in the state of the art along with the other
information sources must also be included: applications for inventions and utility modelsfiled with Sakpaten ti provided that they have the earlie r priority. The novelty is defined only
on basis of considering one information source.
7. At determination of an inventive step in state of the art, the applications for inventions
and utility models pending with Sakpatenti shall not be included.
8. The substances and mixtures known from the existing state of the art may be
recognized as patentable if they are used by appointment unknown for the state of the art.
ARTICLE 13
1. By a patent shall be protected such a utility model, which relates to improved devices,
substances, or methods and satisfies the criteria of novelty and industrial  applicability.
2. The utility model is regarded novel, if it is  not known from the existing state of the art.
3. The industrial applicability of the utility model implies the capab ility of its production,
or making use of it in the sphere of industry,  agriculture, public health, and other spheres of
activity.
4. The state of the art is defined by all t hose data that have become widely known by
written, or verbal description, al so by applying it in Georgia and which refer to devices,
substances, or methods having similar application before the f iling date, or if the Convention
priority is claimed before this priority date.
5. At determination of novelty of  the utility model in the state of the art shall be included
apart from the other information sources all the applications for utility models filed earlierwith Sakpatenti provided that they have earlier priority. The novelty is defined only on basis
of considering one information source.
ARTICLE 14
        1. By a patent shall be protected an  industrial design which represents a new artistic-
constructive exterior of the article and complies the criteri a of novelty and industrial
applicability.
2. The industrial design is novel, if the uni ty of its essential features, which define
aesthetic peculiarities of the ar ticle, is not commonly known in written or verbal description,
public usage or in any other way before the application filing date with Sakpatenti, or if theConvention priority is claimed befo re the date of this priority.
3. At determination of industr ial design novelty all the app lications for the industrial
designs filed with Sakpa tenti shall be taken into account, provided that they have earlier
priority.
4. The industrial design is  industrially applicable, if its  multiple production is possible.
ARTICLE 15
Disclosure of the information by the author  of the invention, utility model or industrial
design (or by the other person, who for the f iling date of the application has the right to
receive the patent, or by the third party for whom this information became available directlyIP/N/1/GEO/P/1
Page 6
or indirectly from the author), which in other case would affect the patentability of the object
presented in the application, shall not have influence on:
a) patentability of the invention, if the info rmation was revealed du ring 12 months before
the filing date of application or , if the Convention priority is  claimed, before this priority
date;
b) patentability of the utility model or industr ial design, if the information is revealed
during 6 months before the filing date of the application, or if the Convention priority is
claimed, before this priority date.
ARTICLE 16
The following shall not be regarded  as an invention, or utility model:
a) a discovery, scientific th eory, or mathematical method;
b) a result of artistic design;c) algorithms and programs for computers;d) education, teaching method and system, grammatical system of language, also
methods for performing mental acts, rules for games or doing business.
e) economical organization and managing method;f) plan and scheme of structures, buildings, territories;g) a presentation of the information.If the objects mentioned in sub-paragraphs “a -g” of the Article are presented as such.
ARTICLE 17
A patent is not granted:
a) for the invention, utility model, or indus trial design, the commercial exploitation of
which may cause inhuman, immora l and/or anti-social action;
b) for the invention, or utility model relatin g to the surgical, therapeutic and diagnostic
methods of treatment of pe ople and animals. This rule does not extend on devices,
substances, which are applie d in the mentioned methods;
c) for the invention relating to the varieties of plants and breeds of animals, as well as for
particularly biological methods for raising varieties of plants and breeds of animals. This rule
does not extend on micro-biological methods an d products obtained through these methods;
d) for the utility model relating to the varieties of plants and breeds of animals, as well as
for particularly biological methods for raisin g varieties of plants and breeds of animals,
microorganism strains, cell cultures of plants  and animals, objects of  biotechnology and gene
engineering, substances obtained by chemical methods;
e) for the industrial design relating to:e.a) exterior of buildings and other real estate, except small architectural forms;e.b.) liquid, gaseous, loose and ot her objects having unstable form;
e.c) for articles the exterior of which is  conditioned only by te chnical or functional
appointment of their essential features;
e.d) for printed production.IP/N/1/GEO/P/1
Page 7
CHAPTER IV. INVENTOR AND PATENT OWNER
ARTICLE 18
1. As an author of an invention, utility model or industrial design sh all be considered a
natural person, in result of inte llectual and creative work of which was made an invention,
utility model or an industrial design.
2. Authorship is a permanently protected unalienable right.3. At demand of the author Sakpatenti is obliged not to publish his name.
4. If an invention, utility model, or industr ial design was create d in result of joint
activities of several persons, then each of them shall be regarded as co-authors;
5. Relations among co-authors are determined by mutual agreement.
ARTICLE 19
1. The right to obtain a patent is entitled to an author or his successor;
2. The right to obtain a patent for an inven tion, utility model or indus trial design made in
result of creative work of several persons is entitled to all the authors jointly, as well as toeach of them separately in case of refusal for securing the patent by other authors.
ARTICLE 20
1. For an invention, utility model or a design  made by an employee, which is connected
with official duties or conducting a special task  and implies an inventive activity, the right to
obtain patent is entitled to the employer, unless otherwise provided by the contract. If thepatent belongs to the employer, than the employee is entitled to receive on basis of mutualagreement additionally the reasonable remunera tion relevant to the invention exploitation.
2. If creation of an invention, utility model,  or industrial design is not related to
conduction of the official duties or  special tasks of an employer, then the employee is entitled
to secure a patent. In this case, the employer has the prior right to a license and to thepurchase of patent from the filing date of application.
3. If an invention, utility mode l or industrial design are created under State order, or in
the process of fulfillment of the work stipulated by the contract concluded among theorganizations, then the right to a patent is determined under the conditions referred to in theorder or contract.
ARTICLE 21
1. An employee is obliged to notify an employer of an invention, utility model or
industrial design created by him in a written statement.
2. If the employer, who has been notified a bout the invention, utility model or industrial
design created at the fulfillment of official duties or a special task, within three months periodfrom the date of notification receipt does not file the application for the patent withSakpatenti, then the employee is entitled to secure the patent by himself.IP/N/1/GEO/P/1
Page 8
ARTICLE 22
1. If two or more applications for one and the same invention, utilit y model or industrial
design are filed with Sakpatenti at different times, the patent shall be granted to the firstapplicant.
2. In the case, if the applications referred to in the first paragraph of this Article are filed
at one and the same day, the patent is granted to the party (parties) indicated in the agreementof applicants. If the parties failed to reach the agreement the question of granting patent isdecided by the Court.
CHAPTER V. FILING OF APPLICATION
ARTICLE 23
1. An application is filed with Sakpatenti by an inventor, employer or their successor in
title.
2. If an invention, utility model,  or industrial design is the result of joint creative work of
two or more persons, they file the patent app lication together on basis of mutual agreement
even in the case, when the creative share of them in the invention is different.
3. If any author refuses to file an applicati on, the right to file the application is entitled to
the others.
4. The application may be f iled by a patent attorney.
5. The application is filed with Sakpatenti by submitting application documents directly
or in any other way.
ARTICLE 24
1. An application for granting of a patent fo r an invention, or utility model shall include:
a) a request for acquiring of patent, wher ein shall be indicated the author of the
invention, or utility model and the person in whose name the patent is secured.
b) a description of the invention, utility model;c) claims of invention or utility model;d) drawings, if they are necessary to explain the invention, utility model;e) the abstract, which is not used to define  the state of the art and is only informative;
f) other documents, if they are necessary to explain the invention, utility model.2. An application for an industrial design fo r the purposes of granting a patent shall
include:
a) the request, in which the author of an i ndustrial design and the person in whose name a
patent is claimed shall be indicated;
b) the reproduction of the industria l design, or item of the design;
c) the description of an industrial design, dr awings and other documents, if  necessary.
ARTICLE 25
1. Each application, within one month from th e filing date, shall be attached by the
document confirming the payment of the esta blished fee of the formal requirements
examination.IP/N/1/GEO/P/1
Page 9
2. If the application is filed by a patent attorney, then the application documents within
one month from the filing date of application shall be attached by the power of attorneyissued by an applicant.
3. If the application is filed by an assignee of the author, then the application documents
within one month from the filing date of a pplication, shall be attached by a document
confirming the assignment.
ARTICLE 26
1. A request for obtaining a patent shall be  presented in the state language, other
application documents - in any language.
2. The applicant in case of filing an application documents in other language, within two
months from the date of their presentation to Sakpatenti, must provide the Georgian
translation.
3. The description of the invention and utility model shall be filed in respect to the
established rule and in full form as to enable the skilled person in the art to realize it.
4. If the application concerns the biolog ical reproducible material, which cannot be
described in the application completely as to enable the skilled person to realize it or, if thisbiological material is not commonly available, the application shall be completed by thedocument confirming the deposit of the biolog ical material issued by the Depository.
5. Claims of invention and utility model must be drawn up under the established rule,
represent its essence and must be based on the description. The claims of the invention can
consist of one or more claims. The claims of an utility model must consist of one claim.
6. The representation of industrial design mu st give the complete  and detailed notion of
the exterior.
7. The description of the industrial design mu st include essential characteristic features.
ARTICLE 27
1. An application shall be considered filed with Sakpatenti from the day of furnishing the
following application documents:
a) for an invention and utility model - a reques t for securing of patent, description, claims
and drawings, if they are necessary for explaining the essence of the invention and utilitymodel;
b) for an industrial design - a request fo r securing of patent, a reproduction of an
industrial design or an item.
ARTICLE 28
1. An application claiming a patent for an invention and utility model must concern to
one invention, or utility model, but may compri se a group of inventions united together under
one inventive idea.
2. An application claiming a patent for an indus trial design must rela te to one industrial
design, but may comprise one or several articles (options) a group (a set) of articles, if they
are united by one artistic-constructive idea.IP/N/1/GEO/P/1
Page 10
ARTICLE 29
1. An applicant has the right:
a) to divide the pending application in to component parts and file a divisional
application;
b) to amend the description, claims a nd drawings of the pending application;
c) to convert the application for an inven tion to an application for a utility model and
vice versa.
2. The subject of divisional application cons idered in the subparagraphs “a” and “b” and
amendments must be covered by the application filed earlier. Under this condition the date ofearlier application is retained.
3. Filing of the divisional application, intr oduction of amendments and conversion of an
application is permitted before taking a decision on granting the patent.
ARTICLE 30
1. An applicant, who wants to enjoy the Convention priority, is obliged to file with
Sakpatenti an application for an invention and utility model within twelve months from thefiling date of the earlier app lication with state party to the Paris Convention, and for an
industrial design - within six months.
2. An applicant, who wants to enjoy the exhibition priority is obliged to file an
application for an invention, utility model or industrial design with  Sakpatenti during six
months from the date of exposition of the i nvention, utility model or  industrial design at
official, or recognized as offi cial, exhibition held in the stat e party to the Paris Convention.
The Exhibition priority or Convention prio rity does not extend one another’s term.
3. If the applicant for some reason fails to file the application with Sakpatenti claiming
the Convention priority or exhibition priority w ithin the indicated term , the term indicated in
paragraph 1 of this Article can be extended no longer than for two months.
4. The applicant, who wants to enjoy the C onvention or exhibition priority right, must
indicate about it at filing the application with  Sakpatenti or within two months term from
filing date, and must attach it with the document confirming the right of such claim, orpresent it to Sakpatenti no late r than three months from claiming of Convention priority or
exhibition priority.
5. The priority shall be established:a) by the date of presenting the additional documents, if the applicant has drawn them as
an independent application a nd has presented to Sakpatenti during three months from the
receipt of the notification saying, that the additional documents sh all not be taken into
account as they change the essence of the claimed object;
b) by the earlier application filing date with Sakpatenti by the same applicant, in which
the essence of this invention, utility model, i ndustrial design is disc losed, provided that the
application, on the basis of which such priority  is claimed, was filed within twelve months
from the filing date of the earlier application for an invention, utility model, or industrial
design within six months from the filing date  of earlier applicati on. Hereto, the earlier
application is considered withdrawn;
c) on the basis of several app lications filed earlier, for ea ch of them under the observance
of the  conditions of subparagraph “b ” the paragraph 5 of this Article.
6. The priority shall not be established by th e filing date of the application, for which the
earlier priority has already been claime d and which is considered as abandoned.IP/N/1/GEO/P/1
Page 11
ARTICLE 31
1. Before filing of the application for the invention and utility model made in Georgia
with the foreign patent office, the applicant is obliged to file the application with Sakpatenti
and request from Sakpatenti a pe rmission for patenting abroad.
2. Sakpatenti within six months is obliged to notify the applicant of its decision on
patenting abroad. If the applicant within this term has not been notified of the decision theapplicant can file the application for the invention or utility model for  patenting abroad.
CHAPTER VI. PATENT EXAMINATION AND GRANTING OF  PATENT
ARTICLE 32
1. Sakpatenti conducts patent examination on basis of  which takes the decision about
granting a patent.
2. At examination Sakpatenti may demand from the applicant to present additional
documents or make amendments in the applica tion, without which it is impossible to continue
the examination of the pending application.
ARTICLE 33
1. Sakpatenti confirms the filing date of the application within one month in the case of
presenting the document confirming the payment of the fee for the examination as to form.
2. If it is revealed, that the application lack s for any application material provided for by
the Article 27 of this Law, Sakpatenti asks the applicant to furnish the mentioned materialswithin one month from receipt of the notification.
3. If the applicant fulfills the requirement of the paragraph 2 then as the application filing
date shall be considered the date of fulfillment of this requirement. If the applicant fails tofulfill the requirement, the application shall not be considered filed.
4. If in the description of the invention or utility model the drawings referred to are not
presented in the application, Sa kpatenti within the term provide d for by paragraph 1 of this
Article requires from the applicant to submit them. If the applicant satisfies the requirements,provided for by the paragraph 2 of this Article then the filing date of the application will bethe day of receiving the said drawings. If th e applicant fails to fulfill the requirement, the
filing date of the application will be the receiving day of the application and any reference tothe drawings will be considered withdrawn.
ARTICLE 34
1. The examination as to form takes place within two months from the confirmation
filing date of the application.
2. The record-keeping on the application is terminated if it does not meet the
requirements of examination as to form.IP/N/1/GEO/P/1
Page 12
ARTICLE 35
1. If it is proved that an application for an invention meets the requirements of the
examination as to form, then Sa kpatenti conducts the search to determine the state of the art
for the invention described in the applicati on, on basis of which conducts the examination on
novelty and makes a documentary conclusion.
2. Sakpatenti in respect to the approved rule provides for the search within six month in
the case of payment of the established fee.
3. The application for the invention for which the applicant has not paid the established
fee, shall be regarded as application for the utility model.
ARTICLE 36
1. Sakpatenti sends the applicant the docume ntary conclusion on state of the art. The
applicant within two months from the receipt of the conclusion may present a new wording ofclaims, which must not exceed the essential sc ope of the patent description, or can send a
written response.
2. If within two months from the receipt of  a documentary conclusion an applicant has
not presented amendments or well-grounded response and requirements for novelty are
fulfilled, Sakpatenti takes a preliminary decision on granting the patent for an invention.
ARTICLE 37
1. In the case of payment of the prescribed fee under the approved rule and on the basis
of a preliminary decision on granting a patent for an invention, Sakpa tenti publishes the data
in the Official Bulletin of the Industrial Pr operty of Georgia and exhibits application
documents and makes them  available for public.
2. Within three months from the date of data publication in the Official Bulletin the
interested person in the case of payment of the fixed fee under the set rule can furnish themotivated protest on granting of the patent, which may reject the criteria of patentability.
3. Sakpatenti within this term sends the appeal documents furnished by the third party to
the applicant, who can within two months pr esent Sakpatenti a written response or amend the
claims.
4. If the applicant does not furnish to Sa kpatenti within this term a well-grounded
response, or does not enter ame ndments in claims, Sakpatenti w ithin 2 months term considers
the third party opposition and takes a respective decision on granting the patent.
ARTICLE 38
1. If it is proved, that the application for utility model meets the examination as to form,
then the examination as to the novelty is ca rried out within a month by considering the
registered applications and patents granted by Sakpatenti.
2. If it is proved, that an application for utility model satisfies the requirements of the
examination as to the novelty, then Sakpatenti takes a decision on granting a patent for utility
model.IP/N/1/GEO/P/1
Page 13
ARTICLE 39
If it is proved, that an application for an i ndustrial design satisfies  the examination as to
form, then Sakpatenti takes a decision on granting a patent.
ARTICLE 40
Sakpatenti on the basis of a decision on grantin g a patent for invention, utility model and
industrial design in case of payment of the pres cribed fee by the approved rule, shall publish
the data in the Official Bulletin. Besides, Sakpa tenti publishes the description of the invention
and utility model.
ARTICLE 41
1. After publication of the data on granting of a patent Sakpatenti re gisters an invention,
utility model or industrial design in Register of Industrial Pr operty (hereinafter - the Register)
and issues patent in case of payment of the fixed fee by the approved rule.
2. Sakpatenti establishes the form of the patent and the data to be recorded in the
Register.
3. Any person has the right to familiarize hims elf with the Register in respect to the
established rule.
4. In order to maintain the patent valid the annual fees defined by the approved rule are
to be paid.
ARTICLE 42
1. Sakpatenti refuses the granting of a patent for the whole invention and utility model,
or for its part, if the application:
a) relates to such subjects, which according to Article 16 of this Law are not regarded
as an invention and utility model;
b) relates to an invention and utility model on which according to Article 17 of this Law
the patent is not granted;
c) does not satisfy the criteria of pate ntability requirements as to the novelty;
d) does not satisfy the requirement of the paragraph 3 Article 26 of this Law;
e) includes claims which does not correspond to the description;f) by its description and claims does not pr ovide for conducting the search considered by
Article 35;
g) includes claims of invention presented by  one independent claim, in which more than
one invention is described and has not been divided by the re quest of Sakpatenti or by the
initiative of the applicant;
h) relates to the application separated from the first desc ription of the invention, the
essence of which was not given in the first description.
2. If the unfavorable decision concerns only to the part of the application, then the
corresponding claim of the cl aims shall be withdrawn.IP/N/1/GEO/P/1
Page 14
ARTICLE 43
Sakpatenti takes an unf avorable decision on granting a pate nt for an industrial design, if
the application concerns such a design for which according to Article 17 of this Law thepatent is not granted.
ARTICLE 44
Record-keeping on the application is terminat ed, if the fees defined by the approved rule
has not been paid.
ARTICLE 45
The applicant has a right to recall his application before its publication.
ARTICLE 46
1. The applicant has the right to request  the extension of procedure terms under
established rule.
2. The applicant has a right in the case of viol ation of procedure term s by him, to demand
the restoration of these terms from Sakpatenti in respect to the established rule.
ARTICLE 47
1. For examination as to form of the pa tent application, for patent examination
procedural, for granting a patent and its maintenance and for other activities having the legalimportance, the established fees must be pai d. The amount, term of payment and its return is
defined by the approved rule.
2. It is admissible to revise the fees respecting the international norms, changes of
national currency rate and inflation.
CHAPTER VII. SCOPE FOR THE USE OF PATENT RIGHTS
ARTICLE 48
1. The patent owner has the exclusive right to the use of an invention, utility model,
industrial design at his own discretion, to pr oduce goods protected by patent, put the object
into economic circulation, gain profit by its exploitation, or prohibit said actions.
2. The patent owner disposes with an inven tion, utility model, industrial design at his
own discretion. He can sell or through other way assign the patent, issue license according to
the approved rule.
ARTICLE 49
If the exclusive right of the patent owner ex tends on the patent, the object of which is a
method for obtaining a new product, then until proving the contrary any similar product made
by another party will be deemed as obtained by this method.IP/N/1/GEO/P/1
Page 15
ARTICLE 50
If patent owners are several persons then:
a) assignment of the patent or granting the license is allowed only by consent of all the
patent owners;
b) the patent owner has the right to use the object protected by patent in his own
enterprise without consent of other patent owners.
ARTICLE 51
From the day of publishing of the application for granting of the patent up to granting of
the patent the applicant is en titled conditionally to the rights, which would be granted to him
by the patent. If the patent is not granted, then said rights will not be considered as exercised.
ARTICLE 52
Deriving from the patent, under the infringe ment of the exclusive right shall not be
considered:
a) putting of the product in the economic circ ulation by the patent owner or with his
consent;
b) the use of an invention, utility model a nd industrial design under private rule for
personal benefit, where such action is not taken for commercial purposes;
c) the use of an invention, utility model a nd industrial design on marine, air and land
transport facilities of any country, at their tempor ary or casual presence within the territory of
Georgia. In this case, the invention, utility m odel and industrial design  shall be applied only
to mentioned vehicles and not for production purposes;
d) the use of an invention, utility model and industrial design at natural calamity,
catastrophe, epidemic and other emergency situations.
ARTICLE 53
If any person before the date of filing the application for an invention, utility model and
industrial design or before the filing date of the first application, which is the basis to claim
the priority established by the Paris Conve ntion, used an invention, utility model and
industrial design in good faith, or carried out preparatory works for its utilization, he has the
right to use it individually irrespective of patent validity (the right of prior use).
ARTICLE 54
1. Non-payment of the annual fee by the pa tent owner causes the termination of the
patent validity term.
2. If the patent owner has not paid annual f ee for some valid reasons, he has the right to
apply to Sakpatenti for reinstat ement of the patent validity.
3. The petition is drawn within six months from the date of expiration of the preferential
period and the decision of reinstatement sh all be recorded in patent register.
4. In the case of taking a favorable decision on patent validity reinstatement, the patent
shall be considered reinstated, if within three months from the date the taken decision and theannual fees are paid.IP/N/1/GEO/P/1
Page 16
ARTICLE 55
Any person, who from the date of patent validity termination until its reinstatement
within the territory of Georgia has utilized in good faith or conducted preparations for
exploitation of an invention, utility model and industrial design, which is the subject matter of
patent, has the right to continue its usage fo r business. Assignment of the right is possible
only together with the enterprise.
ARTICLE 56
The patent shall be considered invalid in the case of submitting by the patent owner at
Sakpatenti a written re nunciation on patent.
ARTICLE 57
1. A patent shall be considered inva lid if the following is ascertained:
a) the subject matter of pa tent is not patentable;
b) the patent does not describe an i nvention, utility model and industrial design
completely as to make its embodiment possible;
c) the subject of a patent relates to such  objects on which under this Law patent is not
granted;
d) the subject matter of  patent is beyond the scope of the applicati on contents, in respect
of which the priority was established, or the patent is granted on the basis of a divisional
application and its subject matter is beyond the sc ope of the contents of the first application;
e) if the patent owner had no right to acquire  the patent in accordance with Articles 20 or
21 of the Law.
2. Non-use by the patent owner of the i nvention protected by the importation patent
within the territory of Georgia during three years from the date of patent issuance causes thecancellation of the importation patent. Wher eas, the import of the product in Georgia
produced on basis of the invention protected by the importation patent sh all not be considered
as use.
ARTICLE 58
Complete or partial nullity of a patent  has retroactive force from the date of filing an
application for patent.
CHAPTER VIII. LICENSE FOR THE USE OF INVENTION, UTILITY
MODEL AND INDUSTRIAL DESIGN
ARTICLE 59
1. The patent owner or his assignee (licenser) has the right to grant a license to another
party (licensee).
2. The license shall be simple, or exclusive.3. The simple license retains all the rights derived from the patent to a licenser.IP/N/1/GEO/P/1
Page 17
4. The granting of exclusive license deprives a licenser of the right to issue other licenses
under similar conditions.
ARTICLE 60
1. The patent owner or his assignee has th e right to announce an open licensing mode
and request Sakpatenti to enter the corresponding record in the register, if for the patent on
which open licensing is announced has not  been issued the exclusive license.
2. The open license can be only simple.3. The open licensing mode confers any person the right to the use of patent by the
conditions agreed upon with the patent owner. If  the agreement is not achieved the conditions
of the use are defined by the court.
4. In the case of announcement of open licen sing the amount of a procedural fee is
reduced twice.
5. The patent owner can apply to Sakpatenti for cancellation of an open licensing at any
time. If the licensing contract has not been conc luded, or it is no longer valid, or each of the
license holders give their consent, then Sakpatenti satisfies the mentioned request.
ARTICLE 61
1. The compulsory or official license can be granted for an invention, utility model. The
compulsory or official license is granted under the decision of the Compulsory Licensing
Committee at the Ministry of Economy of Georgia.
2. The compulsory license may be only simple. It is granted at the request of any party
concerned after four years from the date the patent was granted.
3. The compulsory license necessary for public requirements is claimed, if within the
above mentioned term an inven tion, utility model has not been used within the territory of
Georgia, or whether they have been used insufficiently, also if their usage is impossiblewithout infringing the earlier patent.
4. The compulsory license can be issued only in the case, if prior to this the interested
party tried to obtain the permission from th e patent owner or his assignee on basis of
reasonable conditions and term, but his efforts have not been successful.
5. The official license is a kind of compul sory license and is granted only in case of
demand from the State Bodies, if the necessity  of a patent use for the national defense,
humane health protection, or the economic inte rests of the country is proved. An official
license is granted before expiration of the four  years period stated in the paragraph 2 of this
Article.
6. The granting of the official license at th e request of a patent owner can be postponed,
under the condition that the patent owner shall take the responsibility to satisfy government
and public requirements by his own production.
7. The use of a patent on the basis of the offi cial license can be conducted by the state, as
well as the private person, which shall be na med by the competent body demanding a license
or Court.
8. The decision on granting of the compulsory or official license sets spheres of its
application, validity term, righ ts and duties of a licenser and licensee and the amount of
remuneration.IP/N/1/GEO/P/1
Page 18
ARTICLE 62
1. The license shall be concl uded in a written form. Upon agreement the contract shall be
registered within no later than two months from the date of its conclusion.
2. The substantial changes in the license, if there is a wish of the parties, can be
registered at Sakpatenti regarding the established rule no later than a month after theamendments are made.
3. The data of granted license  and amendments are published in the Official Bulletin.
CHAPTER IX. ADVANTAGES AND PRIVILEGES OF INVENTORS
ARTICLE 63
1. The author of an invention, at any stage of the pending application is entitled to give
the invention his name or a special title.
2. On the basis of the petition of the Society of Inventors and Rationalizers an applicant
may be exempted from payment of the fees, with the exception of annual fees paid for patentmaintenance.
ARTICLE 64
Other advantages and privileges for authors of inventions, utility model and industrial
designs are regulated by legislation of Georgia.
CHAPTER X. PATENT ATTORNEY
ARTICLE 65
1. A person who is not a domicile of Georgia, or a foreign legal entity, or his
representative conducts relations  with Sakpatenti through a re gistered patent attorney.
2. The competence of the patent attorney is confirmed by the power of attorney issued by
the applicant.
ARTICLE 66
The requirements to a patent attorney, conditi ons for his attestation and registration are
determined by the Regulations on Patent Atto rneys approved by the President of Georgia.
ARTICLE 67
Data on patent attorneys are recorded in the Register by Sakpatenti. Any person has the
right to familiarize himself with the Register in respect to the approved rule.IP/N/1/GEO/P/1
Page 19
CHAPTER XI. PATENT LITIGATION AND RESPONSIBILITY
ARTICLE 68
An applicant, an party concerned, within three months from the date of taking the
decision by Sakpatenti has the right to oppose th e patent examination decision at Sakpatenti
Chamber of Appeals.
ARTICLE 69
1. The patent owner has the right to appeal against the infringement of the rights
proceeding from a patent.
2. The holder of the exclusive license has the right to appeal against the infringement of
the rights derived from the patent, if a patent owner himself, during the reasonable time fromreceipt of the notification on infringement does not present the appeal to the Court.
ARTICLE 70
Production, use, or including in economic circulation or other use of a patented
invention, utility model and indus trial design without the per mission of a patent owner or
exposure of its essence on purpose (with the ex ception of the author) prior to publication of
the data of an invention, utility model, industria l design by Sakpatenti,  disclosure of secret
invention, utility model, or mis appropriation of authorship sh all result in responsibility under
the legislation.
ARTICLE 71
Filing of application for secret invention ab road, shall carry the responsibility under the
legislation of Georgia.
CHAPTER XII. INTERNATIONAL APPLICATION
ARTICLE 72
1. The rules of this Chapter shall apply  to those applications, which are filed with
Sakpatenti in accordance to the Patent Cooperation Treaty  (PCT).
2. Sakpatenti deals with the inte rnational application in resp ect to the Patent Cooperation
Treaty, this Law and other legislative acts and regulations.
ARTICLE 73
1. The international applica tion, on which for obtaining of a national patent for an
invention, or utility model is indicated Georgi a, is equal to the application filed with
Sakpatenti and the international application shall be regarded as a national application.
2. The international application with the indication of Georgia and which has been
published in respect with the Article 21 of PCT,  has equal rights provi ded by the Article 51 of
this Law.IP/N/1/GEO/P/1
Page 20
ARTICLE 74
1. For the citizens, or domiciles of Georgia Sakpatenti acts as a “r eceiving office” for
international applications.
2. With Sakpatenti as a “receiving office” the international application shall be filed in
English or Russian language. Whereas, the postage fee for sending it to the authorizedinternational organizations or offices shall be paid to Sakpatenti within a month from thefiling date of the international application.
ARTICLE 75
1. Sakpatenti acts as “designated office” regarding those international applications in
which Georgia is indicated for securing a  national patent for an invention or utility model.
2. Sakpatenti acts as an “elected office” regarding those international applications in
which Georgia is indicated for securing a national patent for an invention or utility model, ifthe inventor selects Georgia under th e provisions of Chapter II of PCT.
CHAPTER XIII. TRANS ITIONAL PROVISIONS
ARTICLE 76
For the applications, which are pending for the moment of entering into force of this
Law, the record-keeping, as well as granting a patent must be conducted in respect to the
resolution of Cabinet of Mini sters of Georgia No 302 of March 16, 1992 “On Approving and
Enacting of the Statute on Inventions” and resolution No 303 of March 15, 1992 “On
Approving and Enacting of the Statute on Industrial Designs”.
CHAPTER XIV. FINAL PROVISIONS
ARTICLE 77
1. This law shall enter into force within three months from publication respecting the
transitional provisions.
2. Along with the enactment of this Law, ta king into account the transitional provisions,
the resolutions of Cabinet of Ministers of  Georgia N 302 of March “On Approving and
Enacting of the Statute on Inventions” and resolution No 303 of March 15, 1992 “On
Approving and Enacting of the Statute on Industria l Designs” shall be c onsidered as invalid.
3. The Commission of Compulsory Licensing shall be established at the Ministry for
Economy.
4. Oblige the Ministry of Defense, the Inspection for Protection of the State Secret and
Sakpatenti elaborate the normative act concerning the Rule of Legal Protection and Use ofSecret Invention, Utility Model.
5. Oblige Sakpatenti:a) to elaborate and approve in respect to the rule the Regulations on Chamber of
Appeals;
b) to elaborate the Regulation on Patent Attorneys and submit it to the President of
Georgia.IP/N/1/GEO/P/1
Page 21
ARTICLE 78
The patents granted before the enactment of this Law are equal to the patents granted in
respect to this Law.
This Law has entered into force on May 25, 1999.
__________