On inventions and industrial designs

(Bulletin of the Mejlis of Turkmenistan of 2008, number 4, Article 52)

(As revised by the Law of Turkmenistan
22.06.2013, № 414-IV)

This Law regulates relations arising in connection with the legal protection and use of inventions and industrial designs

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts

In the present Law the following basic concepts:
Paris Convention - Paris Convention for the Protection of Industrial Property of March 20, 1883.
The Patent Cooperation Treaty (PCT) - The Patent Cooperation Treaty of June 19, 1970 (PCT - Patent Cooperation Treaty).
Eurasian Patent Convention - Eurasian Patent Convention for the Protection of Inventions, which entered into force on 12 August 1995.
Industrial property objects - in relation to this Act inventions and industrial designs.
Invention - a technical solution to the problem, which is a new, involve an inventive step and industrial applicability.
Industrial design - art-design decision, determining the appearance of industrial products.
Person - physical or legal person.
The applicant - a person who has submitted an application for an invention, industrial design and claiming a patent (limited patent).
Application for an invention, industrial design - a set of documents required for obtaining a patent (limited patent) for an invention, industrial design.
Divisional application - an application for an invention, industrial design, repeating part of the earlier application by the same applicant, submitted to the State Agency on Intellectual Property of the Ministry of Economy and Development of Turkmenistan (hereinafter - Turkmenpatent) on its own initiative or at the applicant's request examination in view of the violations initial application requirement of unity of invention, industrial design.
The first application - the application for industrial property, submitted to the appropriate authority of the State party to the Paris Convention, for which the filing date of the convention priority is established.
Conventional Application - application for industrial property claiming convention priority.
The international application - an application for an invention filed under the Patent Cooperation Treaty (PCT).
Eurasian application - application for an invention filed under the Eurasian Patent Convention.
Priority of an invention, industrial design - time leadership in the implementation of the application for an invention, industrial design.

Convention priority - priority of invention or industrial design, established by the filing date of the first application to the appropriate authority of the State party to the Paris Convention.
Claims - a set of features of the invention expressing its essence and determine the amount of legal protection.
The competent authority of expertise - the agency that has the status of the Competent International Preliminary Examining Authority.
Patent (limited patent) for an invention, industrial design - a protective document Turkmenistan certifying priority, authorship and exclusive right of the patent holder on invention, industrial design.
Patent holder - the person having the exclusive right to the patented invention, industrial design.
Service invention, service industrial design -izobretenie, industrial design created by an employee in connection with the performance of his duties or a specific task of the employer.
The assignment of the patent (the limited patent) - transfer of rights to an invention, industrial design by the owner to another person on the basis of a contract.
License for an invention, industrial design - permission to use the invention, industrial design, issued by the owner to another person under a license agreement.
Counterfeit goods - goods which illegally used the patented invention, industrial design.
Patent attorney - a Turkmen citizen, a permanent resident in its territory, certified and registered in Turkmenpatent and presenting a professional manner the interests of individuals and legal entities in the acquisition and protection of industrial property rights.

Article 2. State regulation in the sphere of industrial property protection

1. State regulation in the sphere of industrial property protection by the State Service for Intellectual Property of the Ministry of Economy and Development of Turkmenistan (hereinafter - Turkmenpatent).
Turkmenpatent in accordance with their competence:
- receive applications for inventions, industrial designs, examination thereof and performs registration of inventions and industrial designs;
- It produces security documents Turkmenistan and conducts public registries;
- Register license agreements and agreements on assignment of inventions and industrial designs;
- Amends the registration of inventions and industrial designs;
- Publishes a newsletter intended for publication of data on Turkmenistan protected industrial property objects;

- Considering objections to the persons concerned of violated or disputed rights in the field of industrial property protection;
- Develops proposals on improvement of legislation of Turkmenistan and the conclusion of international agreements in the field of industrial property;
- Carries out certification and registration of patent attorneys.
2. Ministry of Economy and Development of Turkmenistan within the powers granted Turkmenpatent this Law, other normative legal acts of Turkmenistan, provides the implementation of the commitments undertaken by Turkmenistan in accordance with international agreements on legal protection of industrial property.

CHAPTER II. LEGAL PROTECTION
inventions and industrial designs

Article 3. Scope of legal protection

1. The right to an invention, industrial design is protected by the legislation of Turkmenistan and confirmed by a patent (patent limited).
Patent (limited patent) for an invention, industrial design is issued after the patent examination (limited expertise) and registration in the register of the invention, industrial design.
The exclusive right to an invention, industrial design occurs after registration in the register of the invention, industrial design and patent granting (limited patent).
2. Scope of legal protection provided by the patent (limited patent) for an invention defined by the claims. The specification and drawings are used to interpret the claims.
The volume of legal protection provided by the patent (limited patent) for an industrial design is determined by the totality of essential features, the image displayed on the product and in the list of essential features of the industrial design. Description of the industrial design is used for the interpretation of the list of essential features of industrial design. 3
. The legal protection of inventions, industrial designs, secret recognized, regulated in accordance with the legislation of Turkmenistan.
4. The claimed invention, industrial design from the date of publication of the application data on invention, industrial design up to the date of registration in the registry shall enjoy provisional legal protection.
The person using the claimed invention, industrial design during the period of temporary legal protection shall pay the holder of the patent (the limited patent) after obtaining a patent (patent limited) financial compensation, the amount of which is determined by agreement of the parties.
The provisional legal protection shall be deemed never to have existed if the decision to refuse to grant a patent (limited patent).

5. Upon expiration or termination of the patent (the limited patent) an invention or industrial design goes into the public domain.
Invention, industrial design, fallen into the public domain may be freely used by any person without one's consent or permission and without payment of compensation for use.

Article 4. The terms of the patent (the limited patent)

1. The limited patent is valid for ten years from the filing date in Turkmenpatent application for the invention.
Invention patent is valid for twenty years from the filing date in Turkmenpatent application for the invention.
2. A patent for an invention relating to a drug, pesticide or agrochemical, for applications that require a permit in accordance with the law, may be extended at the request of the patentee Turkmenpatent for up to five years.
Regulation extending the validity of a patent shall be established by Turkmenpatent. 3
. Narrow design patent is valid for ten years from the date of filing of the application for an industrial design in Turkmenpatent.
Patent for an industrial design is valid for fifteen years from the date of filing of the application for an industrial design in Turkmenpatent.
4. The date of filing of the application for an invention shall be the date of receipt in Turkmenpatent application containing the request for the grant of a patent, the description and drawings, if they are referred to in the description or the date of receipt of the last of these documents, if these documents are not presented simultaneously.
The date of filing of the application for an industrial design shall be the date of receipt in Turkmenpatent application containing the request for the grant of a patent, industrial design and image of the list of essential features, or the date of receipt of the last of these documents, if these documents are not presented simultaneously.

Article 5. Conditions of Patentability of invention

1. Technical solutions claimed as an invention shall be granted legal protection if it is new, involves an inventive step and industrial applicability.
The invention is considered to be new if it is not part of the earlier prior art.
The invention involves an inventive step if it is for a specialist does not obviously follow from the prior art.
The technical level includes any information that has become available in the world before the priority date of the invention.
When establishing the novelty of an invention over the prior art also includes the patented invention in Turkmenistan and applications for inventions of others filed in Turkmenpatent with earlier priority.

The invention is industrially applicable if it can be practically used in all areas of human activity.
2. Not recognized as fact, preventing the patentability of the invention, this disclosure is related to the invention, the author, applicant or any person who has received directly or indirectly by the information from him, in which information about the nature of the invention have become available to the public if the application for an invention filed Turkmenpatent not later than six months from the date of disclosure. The burden of proof of this fact lies with the applicant. 3
. The objects of the invention may be a device, a method, a substance of a microorganism strain, the culture of plant cells and animals, and other technical solutions as well as their application for a new purpose.
4. Do not be recognized as inventions:
a) discoveries, scientific theories and mathematical methods;
B) methods of economic organization and management;
C) symbols, schedules and rules;
G) methods for performing mental acts;
E) algorithms and programs for computers;
E) projects and plans for structures, buildings and territories;
G) decisions regarding only the appearance of products designed to meet the aesthetic requirements;
H) integrated circuits;
I) plant varieties and animal breeds;
A) solutions that are contrary to public interests, principles of humanity and morality that are detrimental to the environment.
Items listed in paragraph "d", "h", "i" fourth part of this Article, shall be protected by separate laws of Turkmenistan.
Not recognized circumstance affecting the patentability of the invention, the presence in its composition of algorithms and computer programs, if they are part of the invention.

Article 6. Conditions for patentability of the industrial design

1. An object claimed as an industrial design shall enjoy legal protection if it is new, original and industrially applicable.
The industrial design shall be deemed new if the sum of its essential features is not known from information generally available in the world before the date of the industrial design priority.
The essential characteristics include industrial design features defining the aesthetic and / or ergonomic features appearance of the product, in particular, the shape, configuration, pattern, and color combination.
When the novelty is also taken into account in Turkmenistan patented industrial designs and applications for industrial designs of other persons lodged in Turkmenpatent with earlier priority.

The industrial design is recognized as original if its essential features determine the creative nature of the features of the product.
The industrial design shall be deemed industrially applicable if it can be repeatedly reproduced.
2. Not recognized as a circumstance affecting the patentability of the industrial design, the public disclosure of information relating to industrial design, the applicant, the author or any person who has received from him directly or indirectly, the information in which information on the industrial model became available to the public if the application for an industrial design Turkmenpatent filed no later than six months from the date of disclosure. The burden of proof of this fact lies with the applicant. 3
. Not recognized as industrial designs:
- solutions caused exclusively by the technical function of the article;
- Objects of architecture (except small architectural forms) and industrial, hydraulic and other stationary structures;
- Printed matter;
- Objects of unstable form made of liquid, gaseous, friable or similar substances;
- Products that are contrary to public interests, principles of humanity and morality.

CHAPTER III. Authors and Patent

Article 7. The inventor, industrial design

1. The author of the invention or industrial design is recognized as the natural person whose creative work they made.
2. If the creation of the invention, industrial design involved several individuals, all of them are considered its co-authors. The order of using the rights belonging to the co-authors shall be determined by agreement between them.
Not recognized as an individual author, not made a personal creative contribution to the creation of the invention or industrial design that has had the author only technical, organizational or material assistance or only helped to form rights for it and its use. 3
. The right of authorship is inalienable personal right and shall be protected perpetually.

Article 8. The right to a patent

1. The right to a patent shall belong:
- the author (co-authors) of the invention, industrial design or its (their) successor (s);
- The employer or his successor in the cases stipulated by part two of this article.
2. The right to obtain a patent (limited patent) for an invention, industrial design created by an employee in connection with the performance of his duties or specific legally registered jobs of the employer (service invention, service industrial design), belong to the employer unless the contract between employer and employee is not provided otherwise.

If the employer within four months from the date of notification by the author of invention, industrial design has not filed in Turkmenpatent application for an invention, industrial design or not formally notify the author to preserve the respective object in secret, the right to obtain a patent goes to the author . In this case, the employer has the right to use the invention, industrial design in his production paying compensation to the patent owner determined on contractual basis.

Article 9. The right of the author to remuneration

1. The author of service invention or industrial design, has no right to obtain a patent (limited patent), is entitled to receive from the employer remuneration paid in the amount and on the conditions determined by agreement between them.
2. In case no agreement is reached between the parties on the size and order of payment of remuneration or compensation, the dispute is considered in court. 3
. For late payment of remuneration or compensation determined by the contract, the employer is guilty of this, is responsible in accordance with the law.
4. The distribution between the co-authors of remuneration for the use of an invention, industrial design is based on the contract between them.

CHAPTER IV. EXCLUSIVE RIGHT TO
invention, industrial design

Article 10. Rights of the patentee

1. The patent owner has the exclusive right to use and authorize or prohibit other persons to use the patented invention, industrial design.
No one has the right to take actions that are in violation of the exclusive right of the patent holder, including use without permission patented invention, industrial design, except as provided in this Law.
2. The patent owner may transfer the contract to any person the right to a patent (limited patent) or to grant licenses to use the protected (limited patent) of the invention or industrial design. 3
. Relations on the use of the invention, industrial design between the patent holders (limited patent) are determined by agreement between them. In the absence of such agreement, each of them can use the patented invention or industrial design at his discretion, but has no right to grant a license or assign the patent to another person without the consent of the other owners.

In the case of failure to reach an agreement between the owners of the patent (the limited patent) for an invention or industrial design to grant a license or an assignment of a patent dispute can be resolved in court.
4. If the patent holder can not use the patented invention, industrial design without violating the rights of another patent owner, he may require the latter to enter into a license agreement.
5. The relationship between the owners of related patents (limited patents) are governed by the conclusion of a license agreement between them. In case of failure to reach an agreement the provisions of Article 35 of this Law shall apply to owners of related patents.
6. The patent (limited patent) and the right to receive it inherited.

Article 11. The actions recognized violation of the exclusive rights of the patent holder

1. Infringement of the exclusive right to an invention, industrial design recognized:
- use the patented invention, industrial design without the permission of the patent holder;
- Manufacture, use, import, offer for sale, sale or any other form of marketing or storage for that purpose of a product in which the patented invention is used or a patented industrial design;
- Manufacture, use, import, offer for sale, sale or any other form of marketing or storage for that purpose of the product obtained directly by the method protected by the patent. With this new product, in the absence of evidence to the contrary, it deemed to be received by the patented process;
- Manufacture, use, import, offer for sale, sale or any other form of marketing or storage for that purpose device, the functioning (operation) which in accordance with its purpose automatically involves a patented process;
- Implementation of the patented process or to offer its application;
- Inducement of third parties to the implementation of the actions mentioned above.

Article 12. Acts not recognized as an infringement of the exclusive right of the patent holder

1. Not recognized as an infringement of the exclusive right of the patent owner:

- The use of the product or products in which a patented invention or industrial design, in design, in the auxiliary equipment or in the operation of vehicles of foreign states (water, air, road, rail and space technology), provided that the said means temporarily or accidentally in the territory of Turkmenistan and the said product or product is used for the needs of the vehicle. Such actions do not constitute an infringement of the exclusive right of the patent holder for vehicles of the foreign states, providing the same rights in respect of vehicles registered in Turkmenistan;
- For scientific research or experiment with the product, process or product in which a patented invention or industrial design;
- Use the patented invention or industrial design in emergencies (natural disasters, catastrophes, accidents) notifying the patentee within one month and the subsequent payment of commensurate compensation to him;
- Use the patented invention or industrial design to meet the personal, family, domestic or other non-business needs of the activity if the purpose of such use is not making a profit (income);
- Occasional preparation in pharmacies on prescription drugs doctors using the patented invention;
- Use, offering for sale, sale, other introduction into civil circulation or storage for these purposes of the product in which the patented invention is used, or the product, which uses a patented industrial design, if the product or the product have previously been introduced into civil turnover in the territory of Turkmenistan, the patent owner or other person with the permission of the patent holder.

Article 13. Right of Prior

1. Any person who, before the priority date of the invention, industrial design in good faith to use the territory of Turkmenistan created regardless of the identity of its author or a decision made necessary preparations to this, retain the right to continue its gratuitous use without expanding the volume of such use.
2. The right of prior use may be transferred to another person together with the production, which involved the use or the necessary preparations have been made.

Article 14. The use of the invention, industrial design


1. Use of an invention, industrial design is recognized as an introduction to the economic turnover of the product (product), manufactured with the use of the patented invention or industrial design, as well as the use of a process protected by the patent.
2. The invention recognized product used in the process or if the product contains, as the method used in each feature of the invention, given in the independent claim, or an equivalent indication.
Recognized industrial design used in the product, if it contains all its essential features presented at the representations of the article (layouts, diagrams ergonometricheskih, confection map) and in the list of essential features. 3
. If using the patented invention is used and all the signs given in the independent claim of another patented a related invention, and the use of a patented industrial design - all the signs given in the list of essential features of another patented interconnected industrial design, other related invention or industrial design also recognizes used.
4. Any person wishing to use the protected industrial property subject matter, shall conclude with the patentee a license contract.

CHAPTER V. OBTAINING PATENT (limited patent)

Article 15. Submission of application for an invention, industrial design

1. An application for an invention, industrial design served in Turkmenpatent. As an applicant can speak the author (s) of the invention, industrial design, employer or their legal successor (s).
2. Application for grant of a patent (the limited patent) is represented in the state language. Other documents of the application for an invention, industrial design can be presented in a different language with the application of their translation into the state or Russian language.
Documents submitted in another language deemed filed on the date of their arrival in Turkmenpatent if their translation is received within three months from the filing date of the invention, industrial design.
If said translation is not submitted within three months from the filing date of the invention, industrial design, the time limit may be extended at the request of the applicant for three months subject to payment of an appropriate fee.
In case of failure to transfer in due time an application for an invention, industrial design shall be deemed to have been withdrawn.

Article 16. An application for an invention


1. The invention application shall relate to one invention or group of inventions related to one another so as to form a single inventive concept, ie, satisfy the requirement of unity of invention.
2. The invention application shall contain:
- request for a patent (limited patent) indicating the author (co-authors) of the invention and the person (s) whose name (which) requested patent (limited patent) and its (their) place of residence or location;
- The description of the invention disclosing it fully enough for carrying out an expert in the field;
- Claims expressing its essence, fully supported by the description and defining the scope of rights to which protection is sought;
- Drawings and other materials if they are necessary for understanding the essence of the invention;
- Abstract summarizing the essence of the invention.
The application for the invention of the power of attorney, if the application is filed by the representative of the applicant, as well as a document confirming payment of patent fee in the established amount, or a document certifying the exemption from patent fees or reduce its size, or delay its payment.
The documents attached to the application for an invention shall be presented in Turkmenpatent within three months from the filing date.
If the mentioned documents are not submitted within three months from the filing date of the invention, the time limit may be extended at the request of the applicant for three months subject to payment of an appropriate fee.
In case the documents in a timely application for the invention is considered to be withdrawn. 3
. The invention application claiming convention priority is further attached a certified copy of the first application that is submitted no later than four months from the date of receipt of the conventional application in Turkmenpatent. If the first few applications, it attached copies of all these applications. Submission of a certified copy of the first application is not required when filing an international application in Turkmenpatent.
Conventional application must be filed in Turkmenpatent not later than twelve months from the date of filing of the first application.
The request for the establishment of conventional priority can be submitted in an application for an invention or within three months from the date of filing in Turkmenpatent.
Translation certified copy of the first application is submitted at the request of Turkmenpatent.
4. to the application documents shall be established for the invention Turkmenpatent.

Article 17. An application for an industrial design


1. The industrial design application shall relate to one industrial design or a group of industrial designs satisfy the requirement of unity of industrial design.
2. The industrial design application shall contain:
- request for a patent (limited patent) with the author (s) of the industrial design and the person (s) whose name (which) requested patent (limited patent), as well as their place of residence or location;
- Kit suitable for reproducing images of products (goods), giving a complete picture of the industrial design (sample) appearance;
- Drawing the general appearance of the product, ergonomic scheme, confection map, if they are necessary for the understanding of the disclosure;
- Description of the industrial design;
- List of essential features of the industrial design.
The application for an industrial design shall be attached a power of attorney, if the application is filed by the representative of the applicant, as well as a document confirming payment of patent fee in the established amount, or a document certifying the exemption from patent fees or reduction of fees, or their deferred payment.
The documents attached to the application for an industrial design must be submitted to the Turkmenpatent within three months from the date of receipt of the application.
If the mentioned documents are not submitted within three months from the filing date of the industrial design, the time limit may be extended at the request of the applicant for three months subject to payment of an appropriate fee.
In case the documents in a timely application for an industrial design is recognized to have been withdrawn. 3
. An application for an industrial design claiming convention priority, with the exception of the period of application, the provisions of part three of Article 16 of this Law shall apply. Conventional industrial design application must be filed no later than six months from the date of filing of the first application.
4. to the documents of the application requirements for an industrial design shall be established Turkmenpatent.

Article 18. The priority of an invention, industrial design

1. priority of an invention, industrial design established by the filing date in Turkmenpatent application for an invention, industrial design.
2. Priority may be determined by the filing date of the first application in a State party to the Paris Convention, subject to the provisions established by part three of Article 16 and the third part of Article 17 of this Law.
3
. Priority may be determined on the date of receipt of additional materials if they are submitted by the applicant as a separate application filed before the expiry of a three-month period from the date of notification of Turkmenpatent the impossibility of taking them into account both changing the substance of the decision.
4. Priority may be determined on the date of receipt by Turkmenpatent earlier application by the same applicant, disclosing an invention or industrial design, where an application for an invention, industrial design, which claims the priority is filed not later than twelve months from the filing date of an earlier application for an invention and six months from the filing date of an earlier application for an industrial design, and if on the earlier application has not been claimed earlier priority. An earlier application is considered withdrawn.
5. The priority of invention, industrial design under a divisional application shall be determined by the filing date in Turkmenpatent initial application for an invention, industrial design, revealing their essence, if the divisional application is filed before the decision on the original application for an invention, industrial design decision to refuse to grant a patent, which appeal possibilities not been exhausted, and in the case of the adoption of this proposal for a decision on granting a patent - before the registration date of the invention, industrial design in the appropriate register.
6. If it is determined that identical inventions, industrial designs have the same priority date, the patent is granted on the application for an invention, industrial design, for which proved earlier date of its dispatch in Turkmenpatent, and the coincidence of these dates - on application having an early registration number Turkmenpatent.

Article 19. Amendments to the documents of the application for an invention, industrial design

1. The applicant has the right to make an application for an invention, industrial design corrections and clarifications, without changing the essence of the invention, industrial design before a decision on this application, the decision to grant a patent, or a decision to refuse to grant a patent.
Additional materials considered altering the essence of the claimed invention if they comprise the features to be included in the claims and not available on the filing date in the description of the invention.
Additional materials change the substance of the industrial design if they contain features to be included in the list of essential features of the industrial design and absent on the date of application for the product images.

2. For changes in the application documents for an invention, industrial design patent fee will be charged. If changes in the application documents for an invention, industrial design made on the initiative of the applicant within three months from the filing date, the fee for such a change will not be charged.

Article 20. Examination of an application for an invention

1. For applications for the invention Turkmenpatent conducts formal, and limited patent examination.
2. The applicant can get a limited patent and / or patent.

Article 21. Formal examination of application for the invention

1. At the end of three months from the filing date of the invention Turkmenpatent, if the documents provided for by Article 16 of this Law, according to her, a formal examination.
According to the applicant's request formal examination may be initiated before the expiry of the said period. In this case, the applicant of the filing of the application is deprived of the rights to make changes in the application documents for an invention on its own initiative without payment of the fee provided for by Article 19 of this Law.
2. The formal examination is carried out within a month and includes checking:
- availability of the necessary documents and compliance to them;
- Conformity of the claimed technical solution objects that legal protection;
- Compliance with the requirement of unity of invention;
- Correct classification of the invention according to the International Patent Classification;
- Respect for legality and order priority claim.
If the application for an invention meets the requirements of the formal examination, the applicant shall be notified of the acceptance of the application for review, indicating the date set for its submission.
In the case of non-compliance of the claimed technical solution object that provides legal protection, or failure to pay on time or failure to submit the necessary clarifications documents missing at the date of receipt of the application for invention, the applicant shall be notified of the refusal to accept the application for consideration. 3
. At the end of eighteen months from the date of application for the invention or, if priority is claimed, with Turkmenpatent priority date of publishing information on the application in the Gazette, unless the application for the invention is withdrawn or on its decision to grant a patent (limited patent) or refusal a patent (limited patent). The volume of particulars shall Turkmenpatent.

After completion of the formal examination of information on patent application may be published before the expiry of deadlines provided payment of a fee. The relevant application may be filed by the applicant in Turkmenpatent within three months from the date of notification of the acceptance of the application for an invention into consideration. In this case, Turkmenpatent publish information on the application for invention in the next issue of the newsletter.
The inventor has the right to refuse to mention as such in the published particulars of the application for the invention.
In the published application for an invention covered by the fourth part of Article 3 of this Law.
4. According to patent application, drawn up with infringement of requirements to its documents, the applicant shall be invited for three months from the date of its directions to submit the corrected or missing documents.
The target date for the applicant's request may be extended by six months if the appropriate fee payment.
If the applicant within a reasonable time not to submit the requested documents and the application for its extension, Turkmenpatent sends the applicant a notice of the expiry of the deadline.
Missed to provide the documents requested period may be restored at the applicant's request on the condition of payment of an appropriate fee. Request for restoration of the missed deadline with the application of the requested documents must be filed by the applicant no later than six months from the deadline date.
In the case of non-application for restoration of the term for six months the application for an invention admits withdrawn on what the applicant is notified.
5. According to patent application, filed in violation of the requirement of unity of invention, the applicant is invited within three months from the date of notification to let you know which of the claimed inventions should be examined, and if necessary, make changes to the initial application. Others claimed inventions may be formalized as separate applications for inventions.
If the applicant within a period not tell which of the claimed inventions must be considered, and do not submit relevant documents, if any, is considered the invention, the first in the claims.

Article 22. The limited examination of an application for an invention

1. In applications for the invention, which has passed the formal examination with a positive result, limited software expertise.
Limited examination is carried out within six months from the date of the formal examination, and includes:

- Additional verification of compliance with the requirements of the applicant, given in the second part of Article 21 of this Law;
- Verification of compliance with the formula provided by the applicant of the invention with the established requirements;
- Verification of compliance with the requirements of additional materials;
- Verification of compliance with the conditions of patentability of the claimed invention of the prior art by the applicant in the application materials for the invention, for non-withdrawn applications for inventions, published applications for inventions and patents of Turkmenistan and the Eurasian Patent Office with an earlier priority.
The applicant is entitled to the payment of an appropriate fee to apply for expedited examination limited. Express limited examination is carried out during the three-month period from the date of receipt of such a request.
The decision to grant a patent limited or limited patent may be revoked in the case of admission to Turkmenpatent identical application for an invention with earlier priority.
2. During examination Turkmenpatent Limited has the right to request from the applicant additional materials needed for the examination.
In terms of submission of additional materials subject to the requirements of the fourth part of Article 21 of this Law.
During limited examination checks do not change any additional material provided by the applicant's initiative or at the request of examination, the essence of the claimed invention.
Additional materials in the part changing the essence of the invention, are not taken into account when considering the application for the invention and can be registered by the applicant as a separate application for an invention, what the applicant is notified. 3
. If as a result of the limited expertise Turkmenpatent finds that the claimed invention meets the requirements, the applicant shall be notified of the issuance of the limited availability of the patent to submit a proposal for a three-month term of their views on the claims given in the notice. the applicant's opinion is taken into account when deciding to grant a limited patent.
The decision is made within one month after the deadline. In the case of the applicant's consent to the examination described in the notice of abandonment claims or notices unanswered the decision to grant a patent with limited claims in the editorial expertise.

4. With the intention to obtain a patent applicant should within a three-month period from the date of receipt of notice of issuance of the limited availability of the patent to file a motion to suspend his extradition. In this case, the prosecution of the patent application shall be suspended until submission of an application for patent examination.
A request for patent examination must be filed within five years from the date of application for the invention. Otherwise Turkmenpatent after six months from the deadline date shall decide on the issuance of a patent on the results of a limited limited expertise.
5. , Given in the notification If during limited examination found a discrepancy of the claimed invention to conditions of patentability, the applicant before the decision is notified about the possible refusal to grant a patent with a limited offer to present their arguments regarding the motives.
The arguments of the applicant, if they are presented in Turkmenpatent within three months from the date of notification, take into account when making a decision on the refusal or granting restricted patent. The deadline for response the applicant's request may be extended by six months if the appropriate fee payment.

Article 23. Patent examination of the application for an invention

1. Upon request for an invention, which has passed a limited examination with a positive result, if there is an application for grant of a patent held patent examination. A request for patent examination must be filed within five years from the date of application for the invention.
2. In the course of patent examination verify the compliance of the claimed invention to conditions of patentability specified in Article 5 of this Law.
As the documents confirming the patentability of the claimed invention, the applicant may attach to the request for patent examination copy of the Competent Authority of expertise.
As the documents confirming the patentability of the invention may also be provided with copies of the patent, or the decision to extradite him on a parallel patent application, issued as a result of the examination conducted by one of the Competent Authorities of the examination.
The evidence patentability of an invention shall be considered within the three-month period from the date of receipt of the application for patent examination.
The requirements for evidence, the order of their submission and consideration set Turkmenpatent.
3
. In the course of patent examination Turkmenpatent entitled to request from the applicant additional materials needed for the examination. For additional materials subject to the requirements of the fourth part of Article 21 of this Law.
4. If the patent examination Turkmenpatent finds that the claimed invention meets the patentability requirements, the applicant shall be notified about the readiness to grant a patent with an offer to provide, within a three-month term of their views on the claims given in the notice. the applicant's opinion is taken into account when deciding to grant a patent.
The decision is made within one month after the deadline. In the case of the applicant's consent to the claims given in the notice of examination, or abandonment notice unanswered the decision to grant a patent with the formula in the editorial expertise.
5. If in the process of patent examination found a discrepancy of the claimed invention to conditions of patentability, the provisions of part five of Article 22 of this Law shall apply.

Article 24. Conversion of the limited patent for an invention

1. Limited patent at the request of the patentee can be converted into a patent if the invention meets the patentability requirements set out in Article 5 of this Law.
The request for conversion may be filed before the expiration of the limited patent.
To verify compliance with the conditions of patentability of the invention is carried out in accordance with the provisions of the second and third parts of Article 23 of this Law.
2. If the check Turkmenpatent determines that the invention meets the requirements of patentability, the patent owner shall be notified of the availability of limited conversion of the patent to submit a proposal for a three-month term of their views on the claims given in the notice. Opinion of the patent holder is taken into account when deciding on the transformation of a limited patent.
The decision is made within one month after the deadline. In the case of the consent of the patent owner with the claims given in the notice of examination, or abandonment notice unanswered the decision on the transformation of a limited patent with the formula in the editorial expertise. 3
. If the audit found a discrepancy invention patensosposobnosti conditions, the decision on refusal in the transformation of a limited patent and early termination of his actions.

Article 25. Examination of an application for an industrial design


1. At the request of the industrial design Turkmenpatent conducts formal, and limited patent examination.
2. The applicant can get a limited patent and / or patent.

Article 26. Formal examination of an application for an industrial design

1. At the end of three months from the filing date of the industrial design Turkmenpatent, if the documents provided for by Article 17 of this Law, according to her, a formal examination. | | | At the request of the applicant a formal examination may be initiated before the expiry of the deadline, in which case the applicant from the date of submission of the application is deprived of the rights to make changes to the documents of the application for an industrial design on its own initiative without payment of the fee provided for by Article 19 of this Law.
2. The formal examination is carried out within a month and includes checking:
- availability of the necessary documents and compliance to them;
- Compliance of the claimed design is art-making facilities, which enjoy legal protection;
- Compliance with the requirements of unity of industrial design;
- Classification for Industrial Designs under the International Classification for Industrial Designs;
- Respect for legality and order priority claim.
If the application for an industrial design satisfies the requirements of the formal examination, the applicant shall be notified of the acceptance of the application for review with the date of its filing.
In the case of non-declared artistic-design solution object that provides legal protection, or failure to pay on time or failure to submit the necessary clarifications documents missing on the date of receipt of the application for an industrial design, the applicant shall be notified of the refusal to accept the application for consideration. 3
. After twelve months from the filing date of the industrial design or, if priority is claimed, with Turkmenpatent priority date of publishing information on the application in the Gazette, unless the industrial design application is withdrawn or on its decision to grant a patent (limited patent) or to refuse to grant a patent (limited patent). The volume of published data defines Turkmenpatent.

After completion of the formal examination of the information on the application for an industrial design may be published before the expiry of deadlines provided payment of a fee. The relevant application may be filed by the applicant in Turkmenpatent within three months from the date of notification of the acceptance of the application for an industrial design for consideration. In this case, Turkmenpatent publish information on the application for an industrial design in the next issue of the newsletter.
Industrial design author has the right to refuse to be mentioned as such in the published particulars of the application for an industrial design.
In the published application for industrial design covered by the fourth part of Article 3 of this Law.
4. At the request of the industrial design, decorated with a breach of the requirements to its documents, the applicant shall be invited for three months from the date of its directions to submit the corrected or missing documents.
The target date for the applicant's request may be extended by six months if the appropriate fee payment.
If the applicant within a reasonable time not to submit the requested documents and the application for its extension, Turkmenpatent sends the applicant a notice of the expiry of the deadline.
Missed to provide the documents requested period may be restored at the applicant's request on the condition of payment of an appropriate fee. Request for restoration of the missed deadline with the application of the requested documents must be filed by the applicant no later than six months from the deadline date.
In the case of non-application for restoration of the term for six months the application for an industrial design is recognized as withdrawn on what the applicant is notified.
5. According to the application filed with the violation, any of the claimed industrial design unity of industrial design requirement, the applicant is invited within three months from the date of notification to inform should be reviewed, and if necessary, make changes to the initial application for an industrial design. Other industrial designs contained in the application may be submitted as divisional applications.
If the applicant within a period not tell which of the claimed industrial design is to be considered, and not submit relevant documents, if they are needed, is considered an industrial design, in the description of the first mentioned.

Article 27. The limited examination of an application for an industrial design


1. At the request of the industrial design, which passed a formal examination with a positive result, limited software expertise.
During the limited expertise Turkmenpatent within six months from the date of completion of the formal examination checks the conditions of patentability of the claimed subject on the set of essential features, cast in the materials of the applicant pending application for an industrial design, on the non-withdrawn applications for industrial designs, published applications for industrial designs patents and Turkmenistan with earlier priority.
The applicant is entitled to the payment of an appropriate fee to apply for an accelerated limited examination of the application for an industrial design. Accelerated examination is carried out during the three-month period from the date of receipt of such a request.
The decision to grant a patent limited or limited patent may be revoked in the case of admission to Turkmenpatent identical design application with an earlier priority.
2. During examination Turkmenpatent Limited has the right to request from the applicant additional materials needed for the examination.
In terms of additional materials subject to the requirements of the fourth part of Article 26 of this Law.
During limited examination checks do not change any additional material provided by the applicant's initiative or at the request of examination, the substance of the industrial design.
Additional materials in the part changing the essence of the industrial design shall not be taken into account when considering the application and can be registered by the applicant as a separate application for an industrial design, on what the applicant is notified. 3
. If as a result of the limited expertise Turkmenpatent establish that the claimed industrial design meets the requirements, the applicant shall be notified of the issuance of the limited availability of the patent to submit a proposal for a three-month period of its opinion on the notification given in list of essential features of industrial design. the applicant's opinion is taken into account when deciding to grant a patent.
The decision is made within one month after the deadline. In the case of the applicant's consent to the examination described in the notification list of essential features or abandonment notice unanswered the decision to grant a patent to the list in the editorial expertise.

4. If the intention of the applicant to obtain a patent applicant should within a three-month period from the date of receipt of notice of issuance of the limited availability of the patent to file a motion to suspend his extradition. In this case, the prosecution of the application for an industrial design shall be suspended until submission of an application for patent examination of the application, and the decision to issue a limited patent shall not be imposed.
A request for patent examination must be filed within five years from the filing date of the application for an industrial design. Otherwise Turkmenpatent after six months from the deadline date shall decide on the granting of limited patent.
5. If during the examination of a limited set discrepancy claimed industrial design conditions of patentability, the applicant before the decision is notified about the possible refusal to grant a patent with a limited offer to present their arguments regarding the motives given in the notice.
The arguments of the applicant, if they are presented in Turkmenpatent within three months from the date of notification, take into account when making a decision on the refusal or granting restricted patent. The deadline for response the applicant's request may be extended by six months if the appropriate fee payment.

Article 28. Patent examination of an application for an industrial design

1. At the request of the industrial design, which passed a limited examination with a positive result, if there is an application for grant of a patent held patent examination. A request for patent examination must be filed within five years from the filing date of the application for an industrial design.
2. In the course of patent examination compliance of the claimed industrial design conditions of patentability specified in Article 6 of this Law.
As the documents confirming the patentability of the industrial design, the applicant may attach to the request for patent examination copies of the patent, or the decision to extradite him on a parallel application for an industrial design of one of the countries that conducts substantive examination in view of the global innovation.
The evidence of patentability of the industrial design shall be examined within a three-month Period from the date of receipt of the application for patent examination.
The requirements for evidence, the order of their submission and consideration set Turkmenpatent.
3
. In the course of patent examination Turkmenpatent entitled to request from the applicant additional materials without which the examination is impossible. For additional materials subject to the requirements of the fourth part of Article 26 of this Law.
4. If the patent examination Turkmenpatent establish that the claimed industrial design meets the patentability requirements, the applicant shall be notified about the readiness grant of the patent to submit a proposal for a three-month period of its opinion on the notification given in list of essential features of industrial design. the applicant's opinion is taken into account when deciding to grant a patent.
The decision is made within one month after the deadline. In the case of the consent of the applicant with that given in the notice of examination the list of essential features of the industrial design or abandonment notice unanswered the decision to grant a patent to the list in the editorial expertise.
5. If the patent examination process an application for an industrial design found its incompatibility with the conditions of patentability, the provisions of part five of Article 27 of this Law shall apply.

Article 29. Conversion of a limited design patent

1. Narrow design patent at the request of the patentee can be converted into a patent if the industrial design meets the patentability requirements set forth in article 6 of this Law.
The request for conversion may be filed before the expiration of the limited patent.
To verify compliance with the conditions of patentability of the industrial design is conducted in accordance with the provisions of the second and third parts of Article 28 of this Law.
2. If the check Turkmenpatent finds that an industrial design complies with the conditions of patentability, the owner shall be notified of the availability of limited conversion of the patent to submit a proposal for a three-month period an opinion with respect to the given in the notification of the list of essential features of industrial design. Opinion of the patent holder is taken into account when deciding on the transformation of the patent.
The decision is made within one month after the deadline. In the case of the consent of the patent holder with notice given in the examination list of the essential features of the industrial design or abandonment notice unanswered the decision on the transformation of the patent limited to the list in the editorial expertise.
3
. If the audit found a discrepancy industrial design conditions of patentability, the decision on refusal in the transformation of a limited patent and early termination of his actions.

Article 30. Appeal against decision examination of the application for an invention, industrial design and restoration of missed terms

1. In case of disagreement with the decision of the formal, limited or patent examination applicant has the right within three months from the date of the decision lodge an appeal to the Appeals Commission. The objection must be considered in the four-month period from the date of its receipt. Time limit may be extended at the request of the person who filed the objection, but not more than six months from the expiry date of the original deadline.
The procedure for appeals is set Turkmenpatent.
The applicant has the right to appeal against the decision of the Appeals Commission within six months from the date of its approval.
2. Missed the deadline for submission by the applicant of documents or other materials requested by the examiner, the deadline for request for examination, the deadline for the application for conversion of a limited patent, the deadline for objections to the decision of examination can be restored. Request for restoration of the missed deadline may be submitted by the applicant in Turkmenpatent not later than six months from the deadline date, subject to payment of an appropriate fee.

Article 31. Registration of invention, industrial design and modification of the registration

1. Upon receipt of the document confirming payment of the fee for registration and grant of a patent (the limited patent) Turkmenpatent registers the invention in the state register of inventions, industrial design in the State Register of Industrial Designs.
A document confirming payment of fee shall be submitted by the applicant within three months from the date of decision to grant a patent (limited patent). Registration of invention, industrial design is made within one month after the deadline.
If you delay payment fees to the applicant is given a grace period is six months from the date of expiry of the deadline provided for each missed month payment of a fee. Registration of invention, industrial design is made within one month after receipt of the payment of fees.
In case of failure of the payment of fees within the specified grace period and an application for an invention, industrial design is deemed to be withdrawn, and the applicant notified.

2. For registered invention, industrial design Turkmenpatent issue the applicant a patent (limited patent) and publish in the Gazette information on the granted patent (limited patent).
If there are several persons in whose name the patent is sought (the limited patent), they are given one patent, namely the first person mentioned in the application for an invention, industrial design, unless otherwise specified in the agreement between them. 3
. A record of converting limited patent in a patent shall be entered in the register and in the limited patent for an invention, industrial design after receiving the document on payment of the prescribed fee.
In terms of submission of the payment of fees and terms of inclusion in the register on the transformation of a patent subject to the requirements of this Section.
In case of failure of the payment of fees in a timely patent no conversion.
4. The registration of the invention, industrial design changes are related to the change of the name of the patent holder, and other changes relating to the registration. Regulations amending the registration set Turkmenpatent.
5. The list of information entered in the register, the patent form (limited patent) and the list there shall be established Turkmenpatent.

Article 32. Publication of information about the patent (limited patent)

1. Turkmenpatent publish in the Gazette notice of the grant of the patent (the limited patent) for an invention, industrial design within six months from the date of its registration in the register.
2. The author has the right to refuse to be mentioned as such in the published data on patents. 3
. Composition of particulars shall Turkmenpatent.
4. Turkmenpatent publish in the Gazette any subsequent changes made to the registry:
- to change the information of the patent owner;
- The transfer of patent rights (limited patent);
- The extension of the patent term in accordance with the second part of Article 4 of this Act;
- To transform the limited patent in the patent;
- Revocation of the patent (the limited patent);
- The termination or reinstatement of the patent (the limited patent) and other 5
.. Any person has the right to familiarize themselves with the application for an invention, industrial design, if the application is not deemed to be withdrawn, after the publication of information about it, or about the patent (limited patent).
The procedure for access to documents application for an invention, industrial design set Turkmenpatent.

CHAPTER VI. ASSIGNMENT TO THE PATENT
(limited patent)

Article 33. Assignment of the patent (the limited patent) for an invention, industrial design


1. The patent (limited patent) for an invention, industrial design during the period of validity may be subject to transfer of rights. The law is based on a patent (limited patent), may be transferred in whole or in part.
2. The right to a patent (limited patent) can be transferred to any interested person under a contract drawn up in any form, and signed by the patent owner and the legal successor.

Article 34. License agreement

1. Any person who is not the patent owner has the right to use the patented invention, industrial design only with the permission of the patent holder on the basis of a license agreement. Under a license agreement the patent owner (licensor) undertakes to transfer the right to use the protected invention, industrial design to the extent provided for by the contract, another person (licensee). The licensee undertakes to pay the licensor arising from contract payments and perform other actions provided for by the contract.
2. An exclusive license the licensee the right to use the invention, industrial design within, the stipulated agreement with the licensor retains the right to use it to the extent not transferred to the licensee.
If a non-exclusive license, the licensor, while granting the licensee the right to use the invention or industrial design, retains all rights confirmed by the patent (limited patent), including the provision of licenses to third parties.
With a full license the licensee the exclusive right to use the invention, industrial design without saving the licensor of the right to use and issuance of licenses to third parties. 3
. If the license contract provides for the possibility to enter into a sublicense agreement, the licensee (sub-licensor) has the right to sub-license agreement concluded with a third party (the Sub), a non-exclusive license to use the invention or industrial design.
Responsibility to the licensor for the actions of sub-licensee bears the licensee, unless otherwise provided by the license agreement.
4. The patent owner may file a Turkmenpatent statement on granting the right to use the invention, industrial design (open license). In this case, the payment of fees for maintaining the patent is reduced by 50 percent from the year following the year of publication Turkmenpatent information on the open license. Any person wishing to use the said invention, industrial design, patent holder is obliged to conclude with an agreement on payments.

Available with open license rights may not exceed the volume of rights granted under a non-exclusive license.
The application of the patentee to grant the right to an open license may not be withdrawn.

Article 35. Compulsory license

1. If an invention, industrial design is not used or insufficiently used by the patent owner or persons who are granted the right to them, within five years from the date of grant of the patent (the limited patent), any person wishing and ready to use the invention or industrial design, in the event of failure of the patentee to conclude with this person a license agreement on terms and conditions consistent with established practice, it has the right to apply to the court to grant him a compulsory license for the use of the specified object.
If the patent owner fails to prove that the use or lack of use of the invention, industrial design due to valid reasons, the court shall give the person concerned a compulsory non-exclusive license to use the definition of the limits, size, terms and order of payment. The amount of payment should not be lower than the market price of the license, determined in accordance with established practice.
2. The patentee who can not use the invention without infringing the rights of the owner of another patent, refused to conclude a license agreement on terms and conditions consistent with established practice, has the right to apply to the court to grant him a compulsory license to use the invention. In granting this license the court shall determine the limits of use of the invention, industrial design, a patent for which belongs to another person, to the extent necessary for the use of the invention, industrial design, patented by a person requiring the provision of a compulsory license, as well as the size, terms and order of payment . The amount of payment should not be lower than the price of the license, determined in accordance with established practice. 3
. In the interests of national security, as well as in an emergency Cabinet of Ministers has the right to authorize the use of a patented invention without the consent of the patent holder to the payment of monetary compensation, comparable to the market price of the license.

Article 36. Registration of assignment agreement of the patent (the limited patent) and license agreement


1. The agreement on assignment of the patent (the limited patent) and license agreement for the use of the invention, an industrial design must be registered in Turkmenpatent. The Agreement shall enter into force on the date of registration in the register and the information on it is published in the bulletin. Without registration, the contract is considered invalid.
2. The registered license agreement within the period of its operation on the basis of agreement between the parties is subject to change. The changes are also subject to registration in Turkmenpatent. 3
. Terms of registration of the contract on the assignment of the patent (the limited patent) and license agreement, as well as on amendments to the licensing agreement are determined Turkmenpatent.
4. The agreement on assignment of the patent (the limited patent), the license agreement and change under the license agreement Turkmenpatent recorded at the request of any interested party upon payment of a fee.
5. The agreement on assignment of the Eurasian patent in force in the territory of Turkmenistan shall be registered with the Eurasian Patent Office.
License agreement for the use of the invention by a Eurasian patent in force in the territory of Turkmenistan shall be registered in Turkmenpatent and enters into force from the date of its registration. Without proper registration of the contract on the assignment of a Eurasian patent and licensing agreement for the use of an invention shall be deemed invalid by a Eurasian patent.

Chapter VII. TERMINATION AND RECOVERY OF PATENT (limited patent)

Article 37. Challenging a patent and patent invalidation

1. The patent (limited patent) during the period of validity may be challenged and invalidated in whole or in part on the challenge of any person in the cases:
a) non-compliance of the registered inventions, industrial designs patentability conditions established by this Law;
B) the presence in the claims or in the list of essential features of industrial design features which were absent in initial materials of the application for an invention, industrial design;
C) a false indication in the author's invention patent, industrial design or patent owner.
The person who filed the objection must motivate them, and to submit a document confirming payment of the prescribed fee.
2. The patent does (limited patent) invalid in accordance with the first paragraph of this Article shall be terminated from the filing date of an invention, industrial design.
3
. Objections to grant of the patent (the limited patent) on the grounds provided by paragraphs "a" and "b" of the first part of this article, the Appeals Commission, the order of creation and activity of which is regulated by Article 41 of this Law, within six months from the date of their receipt.
Objections against the grant of the patent (the limited patent) on the grounds provided by paragraph "c" of this Article shall be considered by the court.
If you disagree with the decision of the Board of Appeal on the opposition against the grant of the patent (the limited patent) any of the parties within six months from the date of approval decision may challenge it in court.
4. The patent (limited patent) for an invention or industrial design declared invalid by the decision of the Board of Appeal or a court decision invalidated. In the event that a patent is issued a new patent partially invalid.
Turkmenpatent contributes to the registry and publish in the Gazette information on the patents invalid in whole or in part.
5. Challenging the Eurasian patent and invalidity thereof on the territory of Turkmenistan provided for in Article 13 of the Eurasian Patent Convention, carried out in accordance with the provisions of Paragraphs one-fourth of this article.

Article 38. Early termination of the patent (the limited patent)

1. Validity of the patent (the limited patent) terminated early:
- on the basis of an application filed by the patentee in Turkmenpatent, - the date of receipt of the application. If a patent (limited patent) issued to a group of inventions or industrial designs the patent (the limited patent) stops only in respect of the said statement of inventions, industrial designs;
- When non-payment fee for maintaining the patent (the limited patent) in force - with the deadline date.
2. Turkmenpatent contributes to the registry and publish in the Gazette information on the patent (limited patent), whose action is terminated prematurely.

Article 39. Restoration of patent activities (limited patent)

1. The patent does (limited patent) for an invention, industrial design, terminated due to non-payment of fees for maintenance of a patent may be restored at the request of the patent owner. The petition is served in Turkmenpatent within three years from the date of termination of the patent (the limited patent). The application shall be accompanied by proof of payment of the fee for the restoration of the patent action (the limited patent).
After three years from the date of termination of the patent (the limited patent) can not be restored.

2. Turkmenpatent contributes to the registry and publish in the Gazette information on the restoration of the patent (the limited patent).

Article 40. The right of subsequent

1. A person who, in the period between the date of termination of the patent (the limited patent) for an invention or industrial design and the date of publication in the Gazette of information on the restoration of the patent (the limited patent) began to use the invention or industrial design or made during the period necessary preparations, stores right to its further gratuitous use without expanding the scope of such use (right of subsequent use).
2. The right of subsequent use may be transferred to another person together with the production, which involved the use of an invention, industrial design or the identity of a judgment, or the necessary preparations have been made.

CHAPTER VIII. PROTECTION OF THE RIGHTS OF AUTHORS, the applicant and the patentee


Article 41. The Board of Appeal shall

1. When Turkmenpatent created Appeals Commission for consideration of applications, objections of the parties violated or disputed rights, including the pre-trial examination of disputes relating to the protection of the rights of authors, applicants and patent holders, as well as other issues within the competence of the Board of Appeal.
Appeals Commission is authorized to consider the following objections persons:
a) decision examination of the application for an invention, industrial design;
B) decision on registration of the contract on the assignment of the patent (the limited patent) and license agreement to use the patented invention, industrial design;
C) the recognition of the patent (the limited patent) invalid in accordance with Article 37 of this Law;
D) the decision of the evaluation commission for certification of patent attorneys in the candidate and / or his admission to the qualification exam.
Regulations on the Board of Appeal and the order of consideration of objections to the Appeals Commission and statements approved by the Ministry of Economy and Development of Turkmenistan.
2. The applicant is entitled to file an objection to the Appeals Commission, referred to in part one of this article, within the time prescribed by law, subject to payment of an appropriate fee.
Objections under paragraphs "a", "b", "g" of this Article shall be considered by the Appeals Commission in the four-month period from the date of their receipt.
Objection under paragraph "c" of this Article, shall be considered by the Appeals Commission within six months from the date of their receipt.

Time limit may be extended at the request of the person who filed the objection, as well as the patent holder, but for no more than six months from the date originally set for the review period of the case.
A request for review of the decision of the Appeals Commission may be submitted to the Chairman of the Board of Appeal any of the interested parties within one month from the date of its receipt.
Any interested party may appeal the decision of the Board of Appeal in court within six months from the date of its adoption.

Article 42. Consideration of disputes in court

The courts in the manner prescribed by the legislation of Turkmenistan, considering disputes relating to the application of this Act, including:
- the authorship of an invention, industrial design;
- The establishment of the patent owner;
- To grant a patent (limited patent);
- To grant a compulsory license;
- Infringement of the exclusive right to an invention, industrial design, and other property rights of the patent holder;
- On the negotiation and execution of contracts for the assignment of the patent (the limited patent) and license agreements for the use of the patented invention, industrial design;
- About the size of the monetary compensation for the use of an invention, industrial design during the period of his temporary protection;
- The right of prior use;
- On the right after use;
- The amount, time and manner of payment of remuneration to the author of the invention, industrial design by the employer in accordance with this Law;
- The amount, time and manner of payment of compensation as provided in this Act;
- Other disputes related to the protection of the rights of patent holders.

Article 43. Liability for unlawful use of an invention, industrial design

1. Any person who uses a patented invention, industrial design in violation of the provisions of this Act, deemed to be infringing the exclusive right of the patent holder and is responsible in accordance with the law.
2. The person illegally using the patented invention, industrial design, at the request of the patentee or the decision of the court is obliged to:
- recognize the rights of the patent holder;
- To stop acts that violate the rights of the patentee;
- To compensate for losses, including lost profits or to pay compensation. The amount of compensation is determined by court decision or by agreement of the parties;
- To compensate for moral damage;
- Publish the court decision in order to restore the goodwill of the patentee.
The court may order the confiscation of the infringing goods.
3
. An action for infringement of the exclusive rights of the patentee can be brought within three years from the date when the patent owner knew or should have known about the violation of his rights.
Action for infringement of the exclusive right of the patent owner shall be presented by the patentee.
The statement of claim for infringement of rights of the patent holder may be filed by the owner of an exclusive license, unless otherwise provided in the license contract, or the owner of the exclusive license, if it is stipulated by the license agreement.

Article 44. Customs control

Customs controls for the protection of the rights of patent holders or holders of an exclusive license for the use of industrial property rights by the customs authorities in accordance with the customs legislation of Turkmenistan.

CHAPTER IX. FINAL PROVISIONS

Article 45. Patent fees

1. For fulfillment of legally significant actions connected with the filing of the application for an invention, industrial design, examination and grant of a patent (the limited patent), maintaining it in force, with the extension of the period of validity and other procedures, fees are charged.
The fees paid by the applicant, patent owner or any third party, unless otherwise provided by international treaty to which Turkmenistan is.
The list of acts for which fees are payable, their size, timing, payment and return established by the Cabinet of Ministers of Turkmenistan.
2. Proceeds from the collection of duties and act in the State Budget of Turkmenistan, part of which is used for the development of the state system of protection of industrial property, including technical equipment, the creation and use of the automated system, the formation of the state of patent information database, wages, training and promotion of staff, on payment of fees and other payments required to ensure the participation of Turkmenistan in the international agreements in the field of industrial property protection.


Article 46. Representation
Interested parties have the right to do business with Turkmenpatent directly or through representatives, patent attorneys registered in Turkmenpatent, subject to the provisions stipulated by Article 51 of this Law.
The powers of representative or patent agent shall be certified attorney.
Ministry of Economy and Development of Turkmenistan is determined by the order of attestation and registration of patent attorneys.

Article 47. Consideration of an international application for an invention


1. An international application contains a reference to Turkmenistan, translated into the national phase, if before the expiration of the thirty-one months from the priority date of the international application by the applicant presented in Turkmenpatent request for a patent (limited patent).
Turkmenpatent begins to consider the international application at the end of the thirty-one months from the claimed priority date or prior to the expiration of the deadline for the request of the applicant and subject to the fulfillment of the actions necessary for entering the national phase.
2. Missed for entry into the national phase of life can be restored at the applicant's request within three months from the deadline date, subject to payment of an appropriate fee by the applicant and perform all acts necessary for entry into the national phase. 3
. Consideration Turkmenpatent international application in the national phase is carried out in accordance with the provisions of this Act. This Turkmenpatent sets as the filing date the international filing date.
Term established by part two of Article 19 of this Law for amending the documents of the application for an invention shall be calculated from the date of commencement of the international application in accordance with the second paragraph of this Article.

Article 48. Issuance of Turkmenistan patent for an invention based on the Eurasian application

1. The issuance of the patent for the invention of Turkmenistan can be carried out on the basis of the transformed Eurasian application in accordance with the Eurasian Patent Convention.
This application is considered a regular national application for an invention filed in Turkmenpatent with the same filing date and priority date as the Eurasian application.
Consideration of application for the invention is carried out starting from the date on which Turkmenpatent received a certified copy of the Eurasian application, subject to the payment by the applicant Turkmenpatent prescribed fee for filing an application for an invention.
2. The issuance of the patent for the invention of Turkmenistan can be carried out on the basis of the Eurasian application, if granted by the Eurasian patent it prematurely ceased operation due to failure to pay the fee for maintaining the patent in force in the territory of Turkmenistan.
The owner of the Eurasian patent shall be entitled to apply to the Turkmenpatent to grant a patent for the invention of Turkmenistan with the action in the twenty-year period of five years from the filing date of the Eurasian application or within three years from the date of termination of the Eurasian patent, depending on which date whichever is the later.

To the application for issuance of the patent shall be accompanied by the statement, a copy of a Eurasian patent, the document on payment of applicable duties, as well as power of attorney, if the application for the invention is supplied by the representative of the owner.
The request for grant of a patent with the attached documents are considered in accordance with the provisions of the second paragraph of Article 23 of this Law.

Article 49. Patents, industrial designs in foreign countries

1. An application for an invention, industrial design created in Turkmenistan may be submitted to foreign state or an international organization after the expiration of four months from the filing date of the corresponding application for an invention, industrial design Turkmenpatent if during that period the applicant will be notified of the fact that application contains information constituting a state secret. An application for an invention, industrial design may be submitted to foreign patenting before that time, if the application checks carried out at the request of the applicant, does not reveal its content of information constituting a state secret.
2. Filing of an international application for an invention is permitted without prior submission of application to the Turkmenpatent if the international application is to set up in Turkmenistan invention Turkmenpatent filed in the receiving Office.
Filing of the Eurasian application for the invention is permitted without prior submission of application to the Turkmenpatent if the Eurasian application for an invention created in Turkmenistan, filed through Turkmenpatent. 3
. Expenses related to the patenting of inventions, industrial designs in foreign countries, bears the applicant or in agreement with the other person.

Article 50. State Incentives for the creation and use of inventions, industrial design

In order to promote scientific and technological progress, strengthen the intellectual potential of Turkmenistan and the promotion of technical creativity of the state provides patent holders and persons using the invention or industrial design under the license agreement, as well as those that promote the production and protection of industrial property rights, the benefits in accordance with the law.

Article 51. Rights of Foreign Persons

1. Foreign persons shall enjoy the rights provided by this law, along with officials of Turkmenistan by virtue of international treaties to which Turkmenistan is a, or on the basis of reciprocity.

2. Foreign persons, as well as Turkmen citizens residing or having a permanent residence outside Turkmenistan in relations with Turkmenpatent exercise their rights through patent attorneys registered in Turkmenpatent unless otherwise stipulated by international treaties to which Turkmenistan is.

Article 52. International treaties

If international treaties to which Turkmenistan is a party establishes rules other than those contained in this Law, the rules of the international treaty.

Article 53. Transitional provisions

The provisions of this Act related to the transition to the patent (patent limited) are applied in the following order:
a) the applications for invention, industrial design, filed before the entry into force of this Act, according to which:
- are not carried out a formal examination, carried out a limited examination in accordance with the provisions of articles 22 and 27 of this Act;
- Made the decision to grant temporary patent, issued limited patent;
- Not held substantive examination, patent examination conducted in accordance with the fourth part of Article 22, Article 23, the fourth part of Article 27, Article 28 of this Law;
B) under the current provisional patent for an invention, industrial design, in which prior to the entry into force of this Act are not expired five-year validity period or not later than three years from the provisional patent expiry date Turkmenpatent at the request of the patent holder renews temporary patent in limited patent and makes a corresponding entry in the register. In the invention, industrial design for which a patent is granted a limited period of five years after the expiry of the temporary patent, subject to the provisions of Article 40 of this Law;
C) on the validity of a patent for an industrial design for which prior to the entry into force of this Act are not expired ten years of action, or no later than three years from the date of expiry of Turkmenpatent patent at the request of the patentee of the patent extends to fifteen years, and make appropriate write to the registry. In the industrial design, the patent for which is extended after the expiry of the ten-year period, subject to the provisions of Article 40 of this Law.
Terms and procedure of the above procedures are set Turkmenpatent.

President Gurbanguly
Turkmenistan Berdimuhamedov

G. Ashgabat,
23 October 2008
number 220-III.