Details Design Registration Mongolia
Here you can mandate us to obtain design patent protection in Mongolia.
We will prepare and file your design application in Mongolia and inform you about the progress of proceeding.
The design of a product is one of the decisive factors for its market success. It can become an important asset of your company, particularly if it is a bestseller. We protect your design and file a request for a design patent in Mongolia. Our offer includes the fees of the patent office for registration, publication and registration.
A design patent right in Mongolia will be established through a registration of the designer at the Mongolian intellectual property office. Industrial designs protected by a design patent certificate shall be exploited only with the authorization of the patent or certificate owner.
A design patent shall be granted to a creator of an industrial design or to a natural or legal person to whom the rights have been assigned, if the design is new, ornamental and original.
A design shall be regarded as “new” if its features were not publicly known prior to the filing date of the application; a design shall be regarded to be “original” if its features possess creative characteristics. Features of an industrial design shall comprise of ornamental and harmonious characteristics of appearance of an article.
A design patent shall not be granted for a design solution related to utility of an article. The following solutions shall not be considered as industrial designs: a design which is identical with or similar to the national emblem, flag, banners, seals, decorations, orders of merit, medals, or nationals flags and emblems of foreign countries, or emblems and symbols of international organizations; a design which s contrary to public order or morality; a design which is detrimental to others’ business.
An application for an industrial design patent by a creator or a natural or legal person to whom the rights have been assigned. Where an application is filed by a person other than a creator, it shall be accompanied by a document justifying the right to obtain a patent certificate.
A separate application shall be filed for each industrial design. For industrial designs which have a single purpose and use, one application may be filed. But one application may be filed for up to 50 related industrial designs applied to articles under the same classification.
The maximum term of industrial design patent protection in Mongolia is 10 years. The term is not renewable
The term of design protection in Mongolia will generally be calculated from the date of filing. In certain cases the date of filing starts 6 months before the actual application date, namely if an application for the identical industrial design was filed within 6 months before filing of the application in Mongolia in a foreign country and if the priority of this foreign application date was claimedfor the for the new Mongolian application.
An application for an industrial design in Mongilia shall contain a request, a drawing of the design, a description and, if required, the drawing and the description shall be accompanied by relevant materials. An application for an industrial design shall state the names and addresses of the creator, applicant, agent, a request for the grant of a patent and the title of the industrial design. In case of industrial designs which relate to human food supply or hygiene, a document issued by the organisation responsible for epidemiology and hygiene should be attached certifying that those solutions will not harm human body or health.
An applicant may claim priority of earlier national, regional or international application, and, if so, a copy of such applications shall be attached to the filing request. An applicant desiring to claim a right of priority shall, within 2 months from the date of registration of the application, submit a written statement to that effect and a copy of an earlier application.
The Mongolian Intellectual Property Office shall, within 20 days from the date of receipt of an application for an ndustrial design examine the application as to form and, if the application complies with the requirements set forth in the Law and the formal requirements, it shall accord as the filing date the date of receipt of the application. If amendmends are required by the office the applicant shall file them within 3 months to uphold the application date. If no amendment or correction are made, the application shall be treated as if it had not been filed.
After a filing date has been accorded, an examiner of the Mongolian Intellectual Property Office shall conduct a substantive examination of an industrial design to determine whether there has been compliance with the requirements of a new, ornamental and original design are given.
Where it is decided to grant a design patent, the drawings of an industrial design and the bibliographical data concerned shall be published in the Patent Gazette.
An industrial design patent ertificate shall be granted if, within 3 months from the date of publication of the drawings of an industrial design and the bibliographical data concerned, no opposition has been filed with the Intellectual Property Office or no dispute has been arisen. If opposition is filed our offer does not include the representation in the opposition matter.
For the registration of a design patent in Mongolia you need:
- the name of your design: (f.e. car fender „ALKU“, Artikel.-No.1234);
- drawings, photographs or other adequate graphic representations of the article embodying the industrial design only; views shall show your design in front of a neutral background, please provide us with black and white pictures or technical drawings reduced to the lines of the design without any further technical information that show the design views from all possible directions (bottom, top, left, right view etc.); please note that the protection will rest on what can be seen in the views only.
- contact details of the client;
- contact details of the to be registered owner of the design right and
- if the registered owner shall be a juristical person we need a copy of the commercial register;
- name of the natural person(s) who created the design; where the applicant is not the creator the request shall be accompanied by a statement justifying the right of the applicant to the registration of the industrial design.
- a short description - if possible - of the product/design, especially if the design has specific characteristics which can not to be seen in the views;
- in case of prior design application in a foreign country please provide a copy of the office letter stating the receipt of the filing, file number and name of the patent office.
If you engage us we will render the following services :
- Preparation of the filing including selection of the classes of goods (Locarno-classification);
- Examination of the images in regard to the formal requirements (we do not review if the design has novelty and individual characteristic);
- requesting additional documents or new images;
- legal advice with regard to the filing process and documents;
- sending the prepared filing details to you for review;
- Filing the application at patent office;
- Representation of the applicant in front of the office;
- Payment of the office fee (application fee, registration fee, publication fee);
- Transmission of office documents as well as the letter confirming the application;
- Legal advice in due time in order to enable you to extend the protection of your design patent to foreign countries by claiming the priority of the prior application;
- Receipt, checking and forwarding of the registration certificate (if available) and a copy of an extract from the register;
- Receipt and transmission of all documents sent from the patent office after the registration;
- docketing and deadline, renewal time monitoring.
Our offer does not include services in regard to oppositions or office actions and fees for notarization of documents.
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