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

– 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.
– Patent Cooperation Treaty (PCT), since May 27, 1991.
– WTO’s TRIPS Agreement, since June 1, 1997.
– Strasbourg Agreement Concerning the International Patent Classification, since March 16, 2002.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 31, 2009.

Applicant: the author or assignee.

Foreigners and nationals not living in the country: must appoint an agent with a power of attorney.

Protection of foreigners: the same as for nationals, but on basis of reciprocity.

Naming of inventor(s): an inventor’s declaration must be filed.

Definition: an “invention” is a new solution related to a product or an industrial process, which involves an inventive step, and the essence of which is disclosed on the basis of a law of nature.

Patentability: a patent can be granted for a product or a process which is absolutely new, involves an inventive step and is industrially applicable. An invention shall be considered as involving an inventive step, if it is not obvious to a person skilled in the art. An invention shall be considered industrially applicable, if it can be made or used in industry.

Not patentable: (a) discoveries, scientific theories and mathematical methods; (b) computer programs and algorithms; (c) schemes, rules or methods for doing business, performing mental acts or playing games; (d) solutions that are contrary to public health or environmental protection; (e) methods of treatment and diagnosis, or prophylaxis of human and animal diseases; (f) biological processes for the production of animals or plants other than microorganisms.

Protection: a patent is granted by the State authority which certifies the recognition of the given solution as an invention, the owner thereof having the exclusive right to exploit it for a fixed period of time.

Priorities: in accordance with the Paris Convention.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, simply signed;
2. Inventor’s declaration;
3. Assignment deed;
4. 2 specifications in English to be translated into Mongolian (within two months from the filing date, can be extended for another month upon request);
5. Drawings, size 29 x 21 cm (4 copies, if applicable);
6. Priority document, if any.

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.

Entry into national phase of a PCT application: time limit under PCT Art. 22 – Chapter I: 31 months, under Art. 39(l) – Chapter II: 31 months from the priority date.

Examination: is carried out by the Intellectual Property Office of Mongolia (IPOM) which, based on the examination report, shall reach a decision whether to grant a patent or not within nine months of the filing date of the application. If required, IPOM may prolong this time up to twelve months.

Amendment to the application: during the examination procedure the applicant may correct or amend the application provided that the correction or amendment shall not go beyond the disclosure in the initial application. The applicant may also divide the application into two or more applications, provided that each divisional application shall not go beyond the disclosure in the initial application.

Publication: after the granting decision in the Intellectual Property Gazette.

Opposition: possible within three months after publication. If a notice of opposition is received or a dispute arises, the grant of a patent is put off until its settlement.

Objection: if the invention has not been admitted, a copy of the examination report is sent to the applicant within thirty days from the date of the establishment of the report. The applicant may file an objection if he disagrees with a decision of the Office.

Validity: twenty years, running from the patent filing date applicable to the PCT International applications.

Annuities: a fee is 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 within six months from the date when the decision to grant the patent was made. The fees for the subsequent periods shall be paid during the six months prior to the commencement of those periods. 

License: must be registered with the Intellectual Property Office.

Assignment: must be registered.

Invalidation of patents: patents may be invalidated on request of any interested person by the court if they do not meet “patentability” requirements or if disclosure is intentionally incomplete or misleading, thus rendering working impossible.

Infringement: a person who commits a violation of the patent is liable to a fine and compensation in accordance with the Civil Code of Mongolia.