DESIGNS REGISTRATION IN TURKMENISTAN

Priority Deadline: For filing of a design application in Turkmenistan with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the TmPTO within two (2) months following the design application filing date.

Novelty Period: The novelty grace period for a design in Turkmenistan is six (6) months after the disclosure of the design and before application filing.

Representation: A foreign client must be represented at the Turkmenistan Patent office by a registered Turkmenistan Patent Attorney.

Translation: Applications should be translated and filed in the Russian or Turkmenian language.

Limited Patent: In Turkmenistan the Applicant can choose to get a limited patent which is valid for five (5) years, or the patent which is valid for ten (10) years. For the limited patent the design application will undergo a limited examination within six (6) months from the filing date after which the decision to grant the limited patent will be issued.

Patent: To obtain the patent, the applicant would need to file a request to suspend the issuance of the limited patent and request a substantive examination within five (5) years from the filing date of the application. Alongside the request, the applicant should submit the copy of a patent or decision to grant a patent from any other country, which will prove the patentability of the design. If the PTO is satisfied with the documentation, the decision to grant the patent will be issued.

Office Action: In case of an Office Action, our Turkmenistan Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Turkmenistan usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the patent are required to be paid annually with annuity for the following year being made in the current year of validity. Payment of annuities begins in the third year of validity of the design patent. Failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued after payment of the relevant issuance fees.

Validity: In Turkmenistan a patent is valid not more than ten (10) years.

Required documents for Filing a Design Application in Turkmenistan:

  1. Applicant’s information (name and address).
  2. Designer’s information (name and address).
  3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
  4. Description and list of dominant features (if available).
  5. POA signed by Applicant(s). Notarization or Legalization is not required.