– Patent Law of February 4, 1999, in force since May 24, 1999, last amendments in force since June 2, 2023.

– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1991.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since January 18, 1994.
– Patent Cooperation Treaty, since March 18, 1994.
– WTO’s TRIPS Agreement, since June 14, 2000.
– Budapest Treaty on Microorganisms, since September 30, 2005.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since May 14, 2007.

Validation of a European Patent: possible in Georgia as of January 15, 2024.

Applicant: natural persons or legal entities; more than one applicant is allowed without restriction of its number.

Foreigners: enjoy the same rights as nationals. An applicant not having a residence or a registered legal address in Georgia must appoint a local patent attorney.

Naming of the inventor(s): the inventor has the right to request not to publish his/her identification particulars.

Types of patents: patent for an invention; patent for a utility model.

Patentability: a patent is granted for an invention, which is new, involves an inventive step and is industrially applicable.

Novelty: absolute novelty of an invention and a utility model is requested. An invention is new if it is not known from the prior art.

Novelty grace period: six months before filing the application or determining the priority date.

Categories: patents can be granted for devices, processes, substances, strains of microorganisms, and for the use of a known device, process, substance or strain for a new purpose.

Exception to protection: a patent is not granted for: (a) a discovery, scientific theory, or mathematical method; (b) artistic creation; (c) algorithm, computer program; (d) educational or teaching method and system, language grammar system, methods for performance of mental acts, rules for games or gambling; (e) methods of business and organizational management; (f) plans and schemes of structures, buildings or territories; (g) presentation of information; (h) inventions against public order; (i) inventions related to surgical, therapeutic and diagnostic methods of treatment of humans and animals. This rule does not apply to devices and substances used in such methods; (j) inventions related to plant varieties and breeds of animals, as well as primarily biological methods for plant and animal breed selection. This rule does not apply to microbiological methods and products obtained through such methods.

Unity of the invention: the application for an invention must cover one invention only, or a group of inventions forming a single inventive concept. 

Priority: according to the Paris Convention.

Exhibition priority: the application must be filed not later than six months after the exhibition.

Domestic first filing requirement: if an applicant is a Georgian national or if his/her permanent residence or principal place of business is in Georgia, first filing the patent application in Georgia is not obligatory. 

Territory covered: Georgia.

Filing requirements for an application (recommended to be sent to resident agent):
1. If a representative is assigned by the applicant, a power of attorney (no notarization or legalization) should be filed within two months from the filing date;
2. Assignment of rights to patent if the inventor(s) is/are not the applicant or the applicant is not the employer; should be filed within two months from the filing date;
3. Specification and abstract (may be filed in Georgian or any other language), whereby the Georgian translation should be filed within a two-month term;
4. Drawings, 2 sets;
5. Georgia joined the WIPO Digital Access Service (DAS), therefore a copy of the priority document(s) is available for Examiners by the DAS. Translation of the priority document's claims can be requested by the Examiner.

Note: if an application is filed by applicant’s representative, a document certifying representation authority shall be attached to the application at the time of filing or within two months from the filing date. If an application is filed by applicant’s successor, a document certifying successor’s status shall be attached to the application at the time of filing or within two months from the filing date.

Electronic filing: an application is only available in the Georgian language, but it possible to file the specification, claims and abstract in other languages.

Electronic signatures: are accepted if the link for its verification is filed. Scanned copies of signed documents are also accepted, however, the original must be sent at a later date.

For a change of name or address: an official document confirming the changes showing the old and new name/address, original or notary confirmed copy (no legalization). Scanned copies of documents are temporarily accepted, however, the original must be sent at a later date.

PCT applications: time limit for entering national phase under both Chapter I and Chapter II: 31 months as of the priority date. This term can be extended by two months by paying the prescribed fee for term extension. The Patent Law of Georgia determines a time period of maximum twelve months with explanations of late entering reasons after which the reinstatement is no longer available. Amendment of claims: it is possible to voluntarily amend the claims for national phase entry of PCT applications.  Multiple dependent claims are allowed. Requirements for a PCT application: the following documents must be presented: properly filled in application form in Georgian and a copy of the PCT application cover sheet. Within two months counted from the filing date, the Georgian translation of the specification and claims must be filed.

European patent applications: as of January 15, 2024, it is possible to request validation of European patent applications and patents in Georgia. The request for validation shall be deemed to be filed by the applicant for any European patent application filed on or after the date on which the validation agreement between the Government of Georgia and the European Patent Organization enters into force (January 15, 2024). Within three months of the date on which the mention of the grant of the European patent has been published by the EPO, the patent owner shall furnish to the National Intellectual Property Center of Georgia "Sakpatenti" a translation into Georgian of the patent specification (the description of the invention, the claims, the drawings, the abstract); the accuracy of which is the responsibility of a patent attorney, and pay the prescribed fee for publication in Georgia.

Examination: the filing date is determined within a two-week term, after which the formal examination is carried out within two weeks including checking of documents and conformity with the Law requirements.

Substantive examination for determination of the state of art is carried out by the National Intellectual Property Center of Georgia "Sakpatenti". After payment of the established fees, within six months, Sakpatenti carries out the novelty search procedure, on the basis of which the examination as to novelty is carried out and the documentary conclusion drawn up. In the search report documents that may prejudice the inventive step of the patent application are also cited. The criterion of the inventive step is checked completely if there are obvious reasons according to the search report, however an unfavorable decision of grant may be issued if the lack of the inventive step is obvious according to the requirements of this criterion.

Accelerated examination: not applicable. GPPH or PPH ((Global) Patent Prosecution Highway): not available.

Amendment of application: the applicant can make amendments in the claims and description and file a divisional application before the issuance of the granting decision.

Secrecy: Sakpatenti may classify a patent application as secret.

Prior user disputes: can be held only at court.

Publication: Sakpatenti shall publish an application (first publication): (a) after the expiry of a period of eighteen months from the date of priority; (b) at the request of the applicant, before the expiry of a period of eighteen months from the date of priority. If the application satisfies the requirements regarding industrial applicability and novelty and an Examiner suggests that an invention is not evidently resulted from the state of art, Sakpatenti issues a decision of grant and the abstract and bibliographic data is published in the Official Bulletin. Sakpatenti shall publish the patent specification according to the rule established by the legislation (second publication). The Official fees for the second publication must be paid during the two-month period following the issue of the granting decision.

Opposition period: within three months from the date of second publication of the abstract. If within three months from the date of publication of the abstract, Sakpatenti does not receive any objection from third parties, the notification on payment of granting fees and accumulated annuities is issued. The recognition of an invention is certified by Letters Patent. Sakpatenti can issue an unfavorable decision of grant if the invention is not novel, lacks inventive step or is not industrially applicable or if the claims are not based on the description, and do not allow to conduct the technical level searches. In this case, the corresponding claims will be excluded from the set of claims.

Appeal: an appeal against Sakpatenti's decision is possible within three months from the issuance/receipt by the applicant of the decision at the Chamber of Appeal of Sakpatenti.

Beginning of protection: temporary protection is granted after the publication in the Official Bulletin. Note: a published European patent application shall provisionally confer the same rights as conferred by a published national patent application as from the date on which a translation of the claims of the published European patent application into Georgian has been made available to the public by Sakpatenti. For the publication of the translation of the claims of the European patent application into Georgian, the applicant of the European patent shall file translation of the claims of the European patent application into Georgian; the accuracy of which is the responsibility of a patent attorney, and shall pay the fee prescribed for publication.

Delivery of document: the Letters Patent is issued in electronic and paper format.

Duration: twenty years from the filing date of the patent application. The validation period can be extended for not more than five years in case of patents for pharmaceutical products or plant protection.

Pediatric extension: available.

Annuities: accumulated and paid together with the granting fees; after granting annually, including validated EPO patents.

Annuity grace period: a six-month grace period is available with surcharge. Additionally, six months for restoration of patent with penalty.

Rights of prior user: prior use is allowable according to the Paris Convention.

Amendment of issued patents: only minor amendment is possible, when it is obvious that mistakes are accidental. Note: the applicant for a European patent or the owner of a validated European patent may, at any time, submit a corrected translation through a patent attorney. The corrected translation of the claims of a published European patent application as well as the corrected translation of the specification of a validated European patent shall not have any legal effects until it is made available to the public by Sakpatenti, and the prescribed fee for publication is paid.

Reexamination: a third party has the right to request reexamination of the invention within a period when patent is valid on the basis of lack of patentability. Reexamination is made by Sakpatenti under certain conditions.

Opposition to granted patents: granted patent can be appealed at court.

Invalidation: provided for by the court or Sakpatenti, if the prescribed annuities are not duly paid; if the subject matter is not patentable; if the patent does not describe the invention enough to enable its embodiment. Note: where a European patent has been revoked in opposition by a third party or central revocation proceedings or has been limited in limitation proceedings before the EPO, the validated European patent and the European patent application on which it is based shall be deemed ab initio not to have had effect in Georgia.

Assignment: it is possible to assign the rights on a patent application as well as on a patent.

License: patent owner has the right to issue a private license, license agreement, etc. which may be registered with Sakpatenti, but it is not compulsory.

Open license: if an exclusive license is not granted for a patent, the open licensing will be declared.

Official license: not applicable.

Compulsory license: provided for.

Infringement and penalties: the patent owner or exclusive licensee can submit a statement of claim. The consideration is carried out by the court on the basis of the corresponding Civil Code.