Industrial Designs

– Patent Law of Mongolia No. 101 (601)/1993, last amended on April 29, 2021.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since February 28, 1979.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 21, 1985.
– Hague Agreement Concerning the International Registration of Industrial Designs, Geneva Act since January 19, 2008.
– WTO’s TRIPS Agreement, since June 1, 1997.
– Locarno Agreement Establishing an International Classification for Industrial Designs, since June 16, 2001.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 31, 2009.

Filing

Applicant: the owner or assignee.

Foreigners: must appoint an agent with a power of attorney.

Definition: an industrial design is a new outward appearance of the article consisting of the originality of forms, drawings, ornaments, or combination of colors, capable of being produced by industrial means. Industrial designs may be three-dimensional, two-dimensional, or a combination thereof.

Variants: several variants can be protected if they refer to the same class of International Classification and do not essentially differ from each other.

Novelty: worldwide novelty is required.

Not registrable: when conflicting with the requirements of public laws and morality or consisting of State flags, armorial bearings and emblems of international organizations.

Priority: priority of an application filed in a country which is party to the Paris Convention may be claimed.

Conditions for protection: the description of the design must state the following in comparison with already known designs: (a) novelty of the industrial design; (b) technical and aesthetical qualities of the design; (c) the suitability of its production by industrial means.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. Description of the industrial design (in triplicate);
3. Drawings and schemes describing the design (in triplicate);
4. Assignment deed.

Electronic filing: available (reduced filing fee).

Electronic signatures: are not accepted (only wet signatures). It is, however, possible to submit signed scanned copies of documents and the original does not need to be sent later.

Examination

Examination: is carried out by the Intellectual Property Office within six months.

The applicant may file an objection if he disagrees with a decision of the Intellectual Property Office.

Publication: in the Official Bulletin.

Opposition: possible within three months from publication of the application.

Protection

Protection: a patent for an industrial design is a legal document which confirms the industrial design, fixes the priority date, recognizes the authorship, grants the patent holder the exclusive right to use the industrial design. The industrial design for which the patent has been issued may not be used without the consent of the patent holder.

Validity: fifteen years running from the filing date.

Annuities: are to be paid at fixed intervals so as to maintain the patent in force. The fee for the first five years is to be paid at the patent grant. The fees for the subsequent periods shall be paid within six months prior to the end of these periods.

Extensions: none.

License: shall be recorded at the Intellectual Property Office.

Assignments: shall be recorded at the Intellectual Property Office.