The Patent Law of Turkmenistan
Section 1. General Provisions
Article 1. The Relations Regulated by the Patent Law.
The Law regulates property and related private nonproperty relations, arising in connection with creation, legal
protection and use of invention, design, trade marks and service marks (hereafter referred to as the objects of
industrial property), and also attitudes related to the recognition of copyright on rationalization proposal.
Article 2. The Patent Department at the Cabinet of Ministers of Turkmenistan
The Patent Department at the Cabinet of Ministers of Turkmenistan (hereafter referred to as Turkmenpatent) in
accordance with the Law accepts for consideration the requests for the objects of industrial property, carried on
expertise, issues the patents (temporary patents), certificates, makes official publications on security documents,
performs the other functions according to the regulations on it approved by the Cabinet of Ministers of
Turkmenistan.
Article 3. The Objects of Industrial Property, Rationalization Proposals and their Legal Protection
According to the Law inventions, designs, trade marks and service marks are related to the objects of industrial
property, which have been requested and obtained the legal protection in Turkmenistan in the form of patent,
temporary patent (on invention and design) and certificates (on trade marks and service marks) issued by
Turkmenpatent.
Rationalization Proposals get legal protection in the form of certificate on rationalization proposal at the
enterprise, office or institution (hereafter enterprise) where it was recognized to be rationalization.
2. The right on the objects of invention property and also rationalization proposals is protected by law. In
Turkmenistan natural persons and entities are entitled to legal protection of inventions, designs, trade marks and
service marks.
3. Legal protection in accordance with the Law is not delivered to the objects of industrial property recognized
by the state to be secret. The procedure of applying with secret inventions, designs is regulated with special
legislation.
4. Foreign natural persons and entities enjoy the rights provided for with the Law and other acts of
Turkmenistan legislation regarding the protection of objects of industrial property equally with natural persons
and entities Turkmenistan on the basis of international arrangements of Turkmenistan.
5. Should the international arrangements of Turkmenistan have stipulated the other rules than those are in the
law, the rules of international arrangements are applied.
Section 2. The Conditions of Patentability of Invention
1. The technical decision of task, being new, useful and having invention level, is recognized as an invention.
Invention is recognized to be new if it is not a part of achieved level of science and .technology.
The level of science and .technology is determined with all information sources available in Turkmenistan and
abroad up to the date of invention priority.
Invention is recognized to be useful if it provides new, higher result which the community obtains when using the
invention in comparison with known level of science and .technology.
Invention has the level of invention, if for a specialist it does not explicitly result from the level of science
and .technology.
2. The objects of invention are:
• device;
• method;
• substance;
• stamm;
• cultivation of plant and animals cells;
• use of before known device, method, substance, stamm according to new appointment.
3. Inventions are not recognized to be patentable:
• scientific theories;
• mathematic methods;
• methods of organization and management of economy;
• conventional signs, timetables, rules;
• methods of mental transaction fulfillment;
• algorithm and softwares;
• standardization of integral microschemes;
• design and schemes of facilities, buildings, territories planning;
• varieties of plants and brands of animals;
• proposals regarding only external decoration of articles and aimed at meeting aesthetic requirements;
• decisions contradicting public interests, principles of humanity and morality.
The public revelation of information regarding invention by an applicant (author) or other person directly or
indirectly receiving from him this information, is not recognized as the circumstance affecting invention
patentability, if the request for the invention was made not later 12 months from the date of revelation.
Moreover, the responsibility for proving the fact is laid upon the applicant.
Article 5. The Conditions of Patentability of Design.
1. The artisticdesigner solutions of article defining its external decoration, are related to a design.
Design is provided with legal protection if it is new, original and industrially acceptable.
Design is recognized to be new if the total combination of its essential features defining aesthetic and (or)
ergonomical peculiarities of article is not known from the the data having been generally available in the world up
to the date of design priority.
When determining the newness of design there are taken into consideration before made request in
Turkmenistan by other persons and not called back ones on the same designs and also the design patented in
Turkmenistan.
Design is recognized to be original if essential features condition the creative character of aesthetic peculiarities
of article.
Design is recognized to be industrially applicable if it can be repeatedly reproduced in the way of producing
appropriate article.
2. The decisions are not recognized to be patentable design:
• conditional exclusively with technical function of article;
• related to the object of architecture (besides small architectural forms), industrial, hydrotechnical and
other stationary facilities;
• printing production as it is;
• related to the objects of unstable forms from liquid, gas, dry and similar to them substances;
• contradicting to public interests, the principle of humanity and morality.
3. The public revelation of information regarding design by an applicant (author) or other person directly or
indirectly receiving from him this information is not recognized as the circumstance affecting design patentability,
if the request for the design was made not later 6 months from the date of revelation.
Moreover, the responsibility for proving the fact is laid upon the applicant.
Article 6. The Conditions of Protectability of Trade Marks and Service Marks
1. Trade mark and service mark (hereafter referred to as trade mark signs providing relatively the difference
of goods and services of one entities or natural persons from the same type of goods and services (hereafter
referred to as goods) of other entities or natural persons.
2. Legal protection for trade mark in Turkmenistan is provided on the basis of state registration in the order
established by the Law or in the force of international arrangements of Turkmenistan.
Trade mark may be registered in the name of entity and natural person as well carrying on the business
activities.
3. Verbal, graphic, volume and other signs or their combinations may be registered as the trade marks.
Trade mark may be registered in any color or color combination.
4. There is not permitted the registration of trade marks consisting only of the signs:
• having no features of difference;
• preventing themselves state emblems, flags and contracted or full names of international,
intergovernmental institutions official control, guarantee and hall marks, stamps, award decorations and
other signs may be included as nonprotected elements in trade mark if there is the consent of relative
competent body or their owner;
• entered into general use as the signs of certain type goods;
• being universally adopted symbols and terms;
• indicating type, quality, quantity, specifications, designation, value of goods and also the place and
time of their manufacturing or supply;
• being false or capable to delude a consumer regarding goods, service or the production;
• contradicting in its content, to the public interests, the principles of humanity and morality.
5. There can not be registered as trade marks, the signs, before their mixture, being identical with or similar to:
• the trade marks before registered or requested for registration in Turkmenistan in the name of other
person, in the respect of the same type goods;
• the trade marks of other persons, protected in Turkmenistan on the basis of international
arrangements;
• the firm titles (or their part) following to other persons got the right on these titles before the request
on trade mark in the request of the same type goods;
• the place names of goods origin protected in Turkmenistan, besides the cases when they are
included as nonprotected element in trade mark being registered in the name of person being entitled
to use such a title.
6. The signs are not registered as trade marks which reproduce:
• the designs, the right on which belongs to other person in Turkmenistan;
• the names of known in Turkmenistan works of science, literature and art or the quotation from them,
the works of art of fragments without the consent of copyright owner or corresponding competent body.
Article 7. The Conditions of Rationalization Proposal Protectability
1. Proposal is recognized to be rational if being new or useful for enterprise which it was made to and
foreseeing creation or changing the construction of article, the technology of production and .techniques used or
composition of material.
Rationalization proposal is new for an enterprise which it was made to it according to the sources of information
available at the enterprise, this or similar to made proposal was not known to the extent being enough for its
practical utilization. Its use under the author's initiative in the course of not more than three months prior to
application lodging, is not recognized as the circumstances affecting the newness of rationalization proposal.
Rationalization proposal is useful for enterprise which it was made to if its use allows to increase economic
efficiency of enterprise or gain new positive effect in its activity.
2. The proposals are not recognized to be rational which reduce the safety and other indicators of product
quality or worsen the labor conditions, work quality and also cause or increase environment pollution.
Section III. The authors and owners of Security Documents.
Article 8. The author of invention ( design, rationalization proposal).
The author of invention ( design, rationalization proposal is recognized to be natural person due to the creative
work of whom it has been made. If invention ( design, rationalization proposal) has been made with joint creative
work of several natural persons, all of them are recognized to be the coauthors. The procedure of exercising the
rights on the invention ( design, rationalization proposal) created in collaboration, is defined with the agreement
among them. The natural persons are not recognized as the authors, who did not make personal creative
contribution in the creation of invention ( design, rationalization proposal) delivering the author only technical ,
administrative or material assistance or promoting to draw up the rights on invention ( design, rationalization
proposal) and its utilization.
The author of invention ( design, rationalization proposal) has the copyright which is inalienable personal right.
The authorship an invention ( design, rationalization proposal) is protected permanently.
Article 9. The Owner of Patent ( temporary patent) on
Invention, Design.
The owner of patent ( temporary patent) on invention or design are:
• author ( coauthor);
• heir ( heirs) of author ( coauthor);
• Turkmenistan Fund of Invention if author ( coauthors) assign it the
exclusive right on the patent use;
• employer if between the author ( coauthor) of invention or design and employer there was made the
agreement on the author's ( coauthor's) assignment of the right on the patent ( temporary patent).
In this case the author ( coauthor) is entitled to use the invention or design in his own production. Should above
mentioned agreement between the author ( coauthor) a .and employer has not been made or the employer has
not made the request for issuing the patent ( temporary patent) within three months period after written
notification by the author ( co author) on the invention created by him or design , the right on obtaining the
patent ( temporary patent) is reserved for the author ( coauthors).
The employer has the right to use this invention or design under conditions coming from the licensing
arrangement,
• other natural person or entity , to author ( coauthors) assigned under the agreement , the right on
obtaining the patent ( temporary patent) before the object being inserted in the state Register of
Turkmenistan.
Article 10. The Owner of Certificate on Trademark.
The owner of certificate on trademark can be natural person or entity carrying on business, and also association
of enterprises delivering goods and services having general characteristic features .
Article 11. The Invention Fund of Turkmenistan.
The Invention Fund of Turkmenistan established at Turkmenpatent promotes natural persons and entities in
protecting their interests regarding the legal protection of the objects of industrial property in the production and
realization of scientific technical developments and in patentlicensing activity, both on arrangement basis and
for the account of state budget.
The Invention Fund of Turkmenistan carries out the selection of inventions, designs for their realization and
acquires the patentowner rights on the arrangement basis, paying the author ( coauthors) lump
amount .compensatingsating the costs on the object realization not less than 20% of profit without counting
before payed amounts for inventions and designs.
The Invention Fund of Turkmenistan carries on its activity in accordance with the statute approved by
Turkmenpatent.
Section IV. Security Documents and Exclusive Right on the Use of Objects of Industrial Property and
Rationalization Proposals.
Article 12. Legal Protection of Invention, Design.
1. The right on invention, design is certified with patent or temporary patent. Temporary patent is issued after
preliminary expertise.
Patent is issued after making request expertise regarding the essence.
Temporary patent and patent identify the priority, authorship and exclusive right on the use of invention, design.
2. Temporary patent on invention, design is valid for five years from the date of request coming in
Turkmenpatent.
The patent on invention is in force for twenty years , on design not more than ten years from the date of request
coming in Turkmenistan.
Article 13. The exclusive Right on the Use of Invention, Design.
1. Patent possessor has the exclusive right on the me of invention or design protected by patent ( temporary
patent), on its own .discretion, if such use does not violate the rights of other patent possessors, including the
right to prohibit the use of mentioned objects by other persons, besides the cases, when such use according to
the Law is not violation of patent possessors right.
The interrelations regarding the use of object of individual property, the patent ( temporary patent) on which
belongs to several persons, are determined by the arrangement among them. When the lack of such
arrangement each of them can use protected object at his discretion, but is not entitled to present the license on
it or assign the patent (temporary patent) to other person without the consent of other owners.
Patent possessor can use warning marking indicating that utilized objects of industrial property are patented.
2. The product (article) is recognized to have been manufactured with the use of patented invention, and the
method protected with patent ( temporary patent) on invention applied, if each feature of invention included in
independent point of formula or its equivalent feature has been used in it .
Article is recognized to be manufactured with the use of patented design if it contains all its essential
features.
The unsanctioned manufacturing, use, import, offer for sale, sale, other bringing in economy turnover to the
custody of product for this purpose, containing patented invention, design are recognized to be the violation of
exclusive right of patent possessor and also the use of method protected with patent (temporary patent) on
invention either bringing in economy turnover or the custody product for this purpose manufactured immediately
in the way protected with patent (temporary patent) on invention. Moreover, new product is deemed to be got in
patented way when the lack of evidence of the contrary.
4. When .using or partial using invention or design by patent possessor for five years from the date of date
publication on issuing temporary patent, the person, wishing and being ready to use protected object of industrial
property, in case of patent possessor's surrender to make licensing arrangement, can apply to the Appeal
Commission of .Turkmenistan with the petition to issue him the forced license.
Should the patent possessor have failed to prove that .using of industrial property object was caused with valid
reasons. the Appeal Commission of Turkmenpatent grants mentioned license with the determination of use
range, size, periods of payment order. The amounts of license payments must be established not below market
price of license.
5. Should Patent holder is not able to use an invention and design not violating rights of other patent holder he
is entitled to demand the latter to conclude license contract.
6. Patent holder may assign obtained patent ( temporary patent) to any natural person or entity. Contract on
assignment of patent (temporary patent) is subject to registration by Turkmenpatent. Not registered contract is
invalid.
7. Patent ( temporary patent) for invention or design and right thereto are transferable according legacy.
Article 14. Actions being not violation
of exclusive rights of patent holder
The following cases:
• utilization of facilities which includes objects of industrial properties covered by temporary patents or
patents, in construction or exploitation of transport means (sea or river vessels, aircraft, inland vehicles
and space ones) of other countries provided the indicated facilities are temporarily or occasionally
located in the territory of Turkmenistan and used for transport needs. Such actions are not considered
to be breach of exclusive right of patent holder should transport means are owned by natural person or
entity of the states giving the same rights to Turkmenistan owners of transport means;
• carrying out scientific research or experiment on facilities which includes object of industrial
properties;
• utilization of such facilities under the extraordinary circumstances (natural disasters, catastrophes,
accidents) with the following compensation payable to patent holder;
• single producing medicines in dragstores under the doctor prescription
are not recognized as violation of patent holder's right.
Article 15. The right of preusage.
Any natural person or entity which before the date of invention or design priority, irrespective of its author,
created identical decision to the invention or design and used it in the territory of Turkmenistan or made some
preparation necessary thereto, preserves the right on further free utilization of the same without expanding
volume.
The right of preusage may be assigned to natural persons or entities only together with production line where
there was utilized identical decision or made some preparations necessary thereto.
Article 16. Legal protection for trademark.
The right on trademark is justified by Certificate valid from the date of enlisting trademark into The State Register
of Turkmenistan, but during no more 10 years.
The Trademark Certificate evidences the fact of registration of trademark, its priority and exclusive right of patent
holder to utilize trademark for labeling goods listed in certificate and contains a picture of trademark.
Validity of the Certificate on trademark may be extended every time for consequent 10 years under request of its
owner provided such request was submitted to Turkmenpatent during last year of 10 years period or ( provided
payment of additional fee) not later than six months from the date of expiring previous term.
Article 17. Exclusive right on usage of trademark.
Owner of Trademark Certificate has exclusive right to use trademark and to dispose it as well as to prohibit its
usage by other persons.
Nobody is entitled to use trademark protected in Turkmenistan without permission of Trademark Certificate's
owner .
The violation of Trademark Certificate owner's rights are : nonsanctioned actions such as utilization of trademark
in advertisement, press, on sightboard, when demonstration at exhibition and Fairs held in Turkmenistan, etc.,
and import , sale proposal, sale as well as other putting goods in circulation identified by trademark protected in
Turkmenistan.
Article 18. Legal protection of rationalization proposal.
Author of rationalization proposal will be given certificate which proves the recognizing proposal, date of its
submission and authorship as well.
Author's right based on rationalization proposal certificate are valid witching those enterprises which issued the
certificate. Should the certificate was issued by ministry or other authority author's right are valid at enterprises
subordinated to such ministry or other authority.
Author's rights based on the certificate cover also the enterprise as well which received rationalization proposal
from enterprise issued the certificate based on contract.
Article 19. Patenting objects of industrial property in foreign countries.
1. Natural persons and entities of Turkmenistan are entitled to patent invention, design in foreign countries.
Prior to submission of application for invention, design to foreign countries applicant has to make application on
this invention, design to Turkmenpatent and inform of an intention to patent the invention, design overseas. In
case there are no prohibition during three months since the date of receiving said notification, the application for
invention, design may be submitted to foreign countries.
Turkmenpatent is entitled in special cases to permit patenting invention, design overseas before the submission
of application in Turkmenistan.
2. Natural persons and entities of Turkmenistan are entitled to register trademark in foreign countries or to hold
its international registration.
Application for international registration of trademark will be submitted in accordance with international treaties
where Turkmenistan is involved.
3. Expenses related to patenting said objects of industrial properties in foreign companies are for account of
applicant or other natural person or entity under agreements with applicant.
Section V. Taking out of secure documents for objects
of industrial property and rationalization proposal
Article 20. Submission of request on issuing secure documents.
• Request on issuing patent (temporary patent) for invention or design or trademark certificate will be
submitted to Turkmenpatent.
Application on rationalization proposal will be submitted at the enterprise where it is proposed to use it.
The requirements to documents to be enclosed to the application on objects of industrial properties are to be
determined by Turkmenpatent, on rationalization proposal by the enterprise's administration.
2. The following persons:
• author of invention or design
• legal heir of author or other natural person or entity obtained from author or his heir the right on
submission of application on the basis of contract
• employer of author under the conditions specified in Section 5, Article 9 of this Law, have right to
make application for patent ( temporary patent) for invention or design.
Application for registration of trademark will be submitted by natural person or entity producing goods or
rendering services.
3. Application for patent (temporary patent) on invention will relate to one invention or group of inventions
linked between themselves, so that they create single inventive idea ( unity of invention requirement).
4. Application for patent (temporary patent) on design will relate to one design and may include modifications of
this design (unity of design requirement).
5. Application for trademark certificate will relate to one trademark.
6. Application for rationalization proposal will relate to one decision.
7. Application for issuing secure documents may be submitted through patent trustee. Turkmenpatent will
register patent trustee, determine their functions.
Article 21. Content of application for patent
(temporary patent) on invention.
Application for patent (temporary patent) on invention (hereinafter invention application) will include :
• Application for issuing patent (temporary patent) stating name of author of invention and person(s) on
name of which patent (temporary patent) is requested as well as place of residence or location;
• description of invention discovering the details sufficient for implementation;
• formula of invention expressed its essence and fully based on description;
• drawings and other materials if required for understanding essence of invention;
• summary.
The document, confirmed payment of fee in extent to be determined or evidence of exemption from fee payment
or of decreasing fee amount will be .enclosed to application for invention .
Article 22. Content of application for patent (temporary patent) on design.
Application for issuing patent (temporary patent) on design (hereinafter design application) will include :
• Application for issuing patent ( temporary patent) stating name of author(s) of design and person(s)
on name of which patent ( temporary patent) is requested as well as place of residence or location;
• set of photos of article, model or picture, giving the full and detailed notion of article appearance;
• article general drawing, ergonomic scheme, confection map if they are required for discovering
essence of design;
• description of design , including the list of essential features .
The document, confirmed payment of fee in extent to be determined or evidence of exemption from fee payment
or of decreasing fee amount will be enclosed to application for invention .
Article 23. Content of application for trademark certificate .
Application for trademark certificate will include:
• application for registration of symbol as trademark stating name of applicant and the place of its
resident or location:
• symbol requested and its description;
• list of goods and services to which registration of trademark is requested according groups of
international classification of goods and services for registration of marks.
• The document confirmed fee payment in extent to be determined or evidence of exemption from fee
payment or decreasing fee amount;
• statute of collective mark in case application will be submitted for collective mark should be .enclosed
to trademark application.
Article 24. Application for rationalization proposal.
In order to take recognizing of proposal to be .rationalized author will make written application describing
essence of proposal enclosing drawings, schemes or sketches signed by author ( coauthor) if necessary.
Application for rationalization proposal will be submitted to those enterprise to which activity this proposal relates
whether author works at this enterprise or not.
Should the proposal may be used at the different enterprises author is able to apply to ministry or other authority
to which enterprise is subordinated.
Article 25. Priority of invention design, trademark,
rationalization proposal.
1. Priority of invention, design, trademark will be established on the date of application for invention, design ,
trademark in Turkmenistan.
2. Priority may be established on the date of receiving additional materials if they are executed as independent
application by applicant, which was submitted before the expiration of three months period from the date of
receiving notification by applicant from Turkmenpatent of impossibility to accept additional materials as they was
recognized as modifying the essence of requested decision.
3. Priority may be set up on the date of more earlier application described invention or design of the same
applicant received by Turkmenpatent provided the application requested such priority have been received not
later twelve months from the date of receiving more earlier application for invention and six months from the date
of earlier application for design.
Priority may be established on the basis of several earlier submitted applications under observation of conditions
of each one.
Priority may not be established on the date of receiving application which requested more earlier priority.
4. Priority of invention under the selected application will be set up on the date of receiving by Turkmenpatent
of preliminary application described this invention provided the selected application has been received prior to
the decision on withholding patent under the preliminary application and when the possibilities to appeal have
been exhausted but in case of granting patent under the said application before the date of registration of
invention in Turkmenistan Invention Register.
5. Should there was determined in the process of expertise that identical objects of industrial property have the
same dates of priority than patent will be issued under the application which more earlier date of dispatching to
Turkmenpatent was approved and in case of coinciding dates under the applications having more earlier
registration number of Turkmenpatent.
6. Priority of rationalization proposal will be determined under the date of its receiving by enterprise, and in
case of proposal submitted to ministry or other authority under the date of its receiving by the said institution.
Priority will be given to that author who first submitted proposal in due course even in the case that initially the
proposal was unreasonably withheld, and that withholding was not appealed by author.
Article 26. Expertise of application for invention.
1. Upon expiration of two months from the date of application receiving Turkmenpatent carries out the
preliminary expertise of it. The preliminary expertise can be started prior to the said period under the written
request of applicant. In this case applicant .forfeits a right to amend applications.
In a course of implementation of preliminary expertise of application the availability of necessary documents will
be checked up, as well as observing main requirements and the question will be considered whether proposal
relates to object subjected to legal protection or not.
2. In case applicant shall have submitted additional materials to application there will be checked up in the
process of expertise whether they modified the essence of requested decision or not .
Additional materials will change the essence of requested invention if they .contain features to be included in
invention formula that were absent in preliminary materials of application. Additional materials modified the
essence of requested invention are not taken into account when considering application and may be executed by
applicant in form of independent application.
3. On application the requirements of which execution were failed the request will be sent to applicant to
present amended or missing documents witching two months from the date of receiving request.
In case applicant shall have not submitted materials required in due time or request for extending the term
application will be recognized to be revoked.
4. On application submitted with violation of unity requirement applicant will be requested to inform during two
months of proposal to be considered and accordingly to clarify documents of application.
Other proposals included into materials of preliminary application may be executed as independent applications.
Should such execution shall have been made witching three months from the date of notification of the necessity
to .divide application, priority of the selected applications may be established on the date of receiving application
by Turkmenpatent.
In case applicant shall have not informed of proposal to be considered and shall have not presented clarified
documents during two months from the
date of receiving notification on violation of unity requirement, there will be studed the object indicated first in
formula.
5. If as result of preliminary expertise there will be determined that application was executed for proposal is not
related to patentable objects than the decision on withholding patent will be made.
Applicant may appeal to Commission of Appeal of Turkmenistan against the decision on withholding temporary
patent during two months period from date of decision. Appeal will be considered by the Commission during two
months from the date its receiving . In case of disagreement with the decision of the Commission applicant may
apply to court.
6. Turkmenpatent on application passed the preliminary expertise with positive result will grant temporary
patent not later than six months from the of receiving application by Turkmenpatent.
7. Turkmenpatent will publish the information on application in official bulletin simultaneously with granting
temporary patent. The content of published information will be determined by by Turkmenpatent . Any person is
entitled to review the application materials upon the publishing information thereof .
The author of invention has the right to reject to be mentioned as author in published information .
8. Turkmenpatent will carry out expertise of application stick to facts under the request of applicant or third
persons to be submitted in any time during five years from the date of application . Should applicant shall have
not submitted reasonable request for expertise in due period legal protection for invention under application will
be terminated upon expiration of temporary patent validity.
9. In the process of expertise of application stick to facts Turkmenpatent is entitled to request additional
materials from applicant without which to make expertise will be impossible, including modified formula of
invention.
Additional documents under request of expertise will be submitted during two months period from the date of
receiving request without modification of invention formula. Additional materials in the part modified the essence
of invention are covered by procedures stipulated in point _____ of this article.
If as a result of application Turkmenpatent will establish that the declared proposal in the volume of legal security
requested by applicant corresponds to the terms of patentability of invention, defined by article 4 of present Law,
the decision to issue a patent is made with formula of invention offered by the applicant.
Upon identifying noncorrespondence of declared proposal in volume of legal security requested by applicant with
terms of patentability of invention, a decision is made on waive of issue of patent.
The applicant may make objection to Turkmenpatent regarding decision on waive of issue of patent within three
months from the date of its receipt. The objection should be considered by Appeal committee within four months
from the date of its receipt.
10. Upon disagreement of the applicant with the decision of Appeal committee of Turkmenistan, he may appeal
to the court within 6 months from the date of its receipt. Decision of court is a final one.
11. Applicant and third persons may solicit for making information investigation under accepted application in
order to define the level of machinery in comparison with which the evaluation of novelty and inventive level of
declared proposal will be made. The order of making such investigation is defined by Turkmenpatent.
12. The applicant has right to know all materials indicated in the decision of commission of experts or in the
report on investigation. The copies of patent materials requested by applicant are sent by Turkmenpatent within
one month from the date of receiving the request with relevant prolongation of terms set by the present Law for
applicants.
13. Terms provided for by this article, besides terms, defined by section 10 and missed by the applicant may
be reinstated by Turkmenpatent upon confirmation of availability of valid reasons and payment of duties.
Solicitation for restoration of term can be made by applicant not later than twelve months from the day of expiry
of missed term.
Article 27. Application examination for design
1. Under application for design Turkmenpatent holds preliminary examination and examination in essence.
Upon holding preliminary examination of application for design provisions are applied respectively contained in
the sections 17 of article 26 of the present Law.
2. Upon making examination of application in essence provisions are applied contained in sections 8, 9, 10, 12
and 13 of Article 26 of this Law.
Article 28. Publication of data on patent
Within six months from the day of making decision on issue of patent if the payment of the duty is made for issue
of patent Turkmenpatent publishes data about issued patent, including name of the author (authors), if the latter
did not refuse to be mentioned as such, patent holder, name and the formula of invention or list of significant
features of design and its picture. Completeness of published data is defined by Turkmenpatent.
Article 29. Registration of invention, design and issue of patent.
Recall of application
1. Together with publication of data on issue of temporary patent or patent Turkmenpatent enters an invention
and industrial sample in to the State register of Turkmenistan and issues to patent holder respectively temporary
patent or patent.
2. The form of patent, list of included data is set by Turkmenpatent, approved by the Cabinet of Ministers of
Turkmenistan.
3. Turkmenpatent issues official certificate to the author of industrial property which confirms his authorship.
4. Under the request of patent holder Turkmenpatent makes corrections of obvious and technical mistakes in
the issued patent.
5. The applicant has right to recall application prior to publication of data about application for invention, design
but not later than the date of their registration.
Article 30. Examination of application for registration of trade mark
1. Examination of application for registration of trade mark (hereafter referred to as application for trade mark)
is effected by Turkmenpatent and includes preliminary examination and examination of declared signs in
essence.
2. Within two months from the date of application receipt for trade mark the applicant has right under its own
initiative to clarify and correct materials of application.
3. In the period of making examination of application for trade mark the applicant may be suggested to make
clarifications or corrections in the application. Under the request of examination commission additional materials
should be presented within two months from the date of application receipt. Under the request of applicant the
term may be prolonged if the request was received prior to expiry of this term. If the applicant violated indicated
term or left the request of examination commission without reply, the request is considered recalled and the
applicant will be informed of it.
4. During making preliminary examination the content of the application and availability of enclosed documents
thereto is checked as well as their correspondence with established requirements. Under the results of
preliminary examination, the applicant is informed of acceptance of application for consideration or
nonacceptance of it for consideration. Preliminary examination of application is made within one month from the
moment of its receipt by Turkmenpatent.
5. In case of accepting the application for consideration the applicant is informed of establishment of priority
trade mark.
6. Upon disagreement with the decision of preliminary examination commission about refusal to accept the
application for consideration, the applicant has right to make objection to Appeal committee of Turkmenpatent
within two months from the date of receiving such decision. The objection should be considered within two
months from the date of its receipt. Decision of Appeal committee will be the final one.
7. Examination of the application for trade mark in essence is made upon completion of preliminary
examination. During examination of application for trade mark in essence, the correspondence of declared sign
with terms defined by article 6 of present Law is checked.
Under the results of examination of application for trade mark in essence the decision is made on registration or
waive to register the trade.
8. Upon disagreement with decision of examination commission the applicant has right to make objection to
Appeal commission within three months from the day of receiving decision. The objection should be considered
within four months from the day of its receipt.
9. Under the request of the Chairman of Turkmenpatent the decision of Appeal committee may be
reconsidered. In this case the decision of Appeal committee is the final one.
Article 31. Registration of trade mark.
Issue of evidence
1. Turkmenpatent makes registration of trade marks in the State register of Turkmenistan where the picture of
trade mark, data about the holder of evidence for trade mark, date of priority, date of its registration, list of goods
and services for which trade mark is registered are entered. Such other data are also entered into State register
of Turkmenistan which are related to registration of trade mark, prolongation of validity and cancellation of
evidence for trade mark as well as subsequent changes of these data.
2. Issue of evidence for trade mark is made by Turkmenpatent on basis of registration of trade mark within six
months after receipt of document on introduction of established duty.
Article 32. Publication of data on registration of trade mark
Data related to registration of trade mark and entered into the State register of Turkmenistan in accordance with
article 31 of present Law are published in the official bulletin within six months from the date of registration of
trade mark.
Also publication is made of all subsequent changes in data, related to trade mark. Data about businessmen
which have the right to use collective mark are entered into the State register of Turkmenistan and also into the
evidence for collective mark in addition to data provided for in Article 31 of present Law. These data as well as
statement from the Statute of collective mark about common characteristic features of goods and services for
which this mark is registered are published in the official bulletin by Turkmenpatent.
Article 33. Examination of application for rationalization proposal
1. Application for rationalization proposal should be registered then considered within one months and decision
should be made: either to confirm that this proposal is rationalization one or to hold good checking or to decline
it. Made decision should be informed to the author.
2. If proposal is connected with making amendments in to established normative, technical, constructor
documentation it is required to have permission of relative organization. In these cases certain monthly period is
terminated for some time necessary to receive permission.
3. Decision on proposal is made by the manager of enterprise or administrators of relative subdivisions which
are entrusted to do it under decree.
Under proposal made by the administrator of the enterprise the decision is made by technical board of enterprise
together with local board of inventors and rationalizators.
After making decision on confirming that the proposal is rationalization, a rationalization certificate will be given to
the author.
4. For consideration of complaints about waive to confirm that the proposal is rationalization a commission for
rationalization disputes is created which consists of the representatives of administration and local board of the
Community of inventors and rationalizators. This commission should consider appeal of the author within one
month. The latter has the right to participate in consideration of his complaint.
Upon disagreement with decision made by .above mentioned commission the author has right to appeal to the
manager of enterprise. Decision made by the manager if the final one.
Section 6. Termination of validity of secured documents
Article 34. Disputing the patent (temporary patent)
1. Patent (temporary patent) during the whole period of its validity can be disputed and recognized as invalid
fully or partially in case of:
a) noncorrespondence of secured object of industrial property with terms of patentability, defined by present
Law;
b) availability of sufficient features of design in the formula, features which were absent in the initials
materials of application;
c) noncorrect indication of author (authors) or patent holder (holders) in the patent.
2. Objection against issue of patent on the basis provided for by the present article, section 1, points a, b
should be considered by Appeal committee of Turkmenpatent within six months from the date of its receipt,
patent holder should know objection. The person who makes the objection and patent holder may participate in
its consideration. Here the Appeal committee considers the objection within the motives contained in it.
3. Upon disagreement with decision of Appeal committee on objection against issue of patent (temporary
patent) any of the parties may make a complaint in the court within six months from the moment of making
decision. Its decision will be final.
Article 35. Advance termination of patent validity (temporary patent)
1. Validity of patent (temporary patent) is terminated before the appointed time:
• upon recognition of patent (temporary patent) invalid completely in accordance with articles 4, 26 of
present Law;
• on the basis of application, made by patent holder to Turkmenpatent;
• upon nonpayment of duties in proper time for keeping the patent in force;
2. In the official .bulletin Turkmenpatent publishes the data about advance termination of patent validity
(provisional patent).
Article 36. Termination of validity of evidence for trade mark
1. The evidence for trade mark may be recognized invalid fully or partially during the whole period of its validity
if the registration of trade mark was made with violation of terms provided for by articles 6 and 30 of present Law.
2. At set period any natural person or entity can make objection to Appeal committee of Turkmenpatent against
issue of evidence for trade mark.
Objection against issue of evidence for trade mark should be considered within six months from the date of its
receipt. Person which makes objections as well as the holder of evidence for trade mark has right to participate
in the consideration of objection personally or through its representatives.
Decision of Appeal committee may be reconsidered under the protest of the Chairman of Turkmenpatent. In this
case decision of Appeal committee will be final.
3. The validity of evidence for trade mark is terminated:
• in connection with expiry of ten year period if the holder of evidence for trade mark did not make
solicitation on its prolongation provided for by article 16 of present Law;
• upon recognition of evidence for trade mark invalid in accordance with present article;
• upon liquidation of entity, holder of evidence for trade mark;
• on the basis of application of holder of evidence for trade mark, made to Turkmenpatent;
4. Data on termination of evidence validity for trade mark is published by Turkmenpatent in the official bulletin.
Article 37. Termination of validity of certificate
for rationalization proposal
Certificate for rationalization proposal may be disputed by natural person or entity and recognized as invalid fully
or partially in case of:
• violation of requirements, defined by present Law for recognition of proposal as rationalization;
• issue of certificate to the name of person, which has no priority to this proposal, or noncorrect
indication of author or authors in the certificate.
Article 38. License
1. Any natural person or entity who wishes to use patented invention, design or registered trade mark should
have patent from the holder for invention or design and the license from the holder of evidence for trade mark.
License agreement is concluded for certain period, subject to registration in Turkmenpatent and comes into force
from the date of its registration. Without registration the license agreement is considered invalid.
2. The holder of patent (temporary patent) for invention may ask Turkmenpatent to publish application on
giving to any natural person or entity the right to use invention (open license). In this case duty for maintenance
of patent (temporary patent) is decreased by 50% beginning from the year following the year of publication of
such application.
Person who wishes to use indicated invention should conclude an agreement with patent holder on payments.
3. In the interests of defense of Turkmenistan and for maintenance of public order the Cabinet of Ministers of
Turkmenistan has the right to permit to use the object of industrial property without agreement of patent holder
with payment of money compensation, which are comparable with market price of the license.
4. When issuing the state order to the enterprise on manufacturing the products with using inventions the
patent (temporary patent) on which belonging to other natural persons or entities in Turkmenistan and also to
foreign citizens, the body issuing the state order provides the license acquisition.
Article 39. Collection of duties
For execution of legally important actions connected with patent (temporary patent) for evidence of trade mark
duties are collected. Duties are paid to Turkmenpatent.
List of actions for fulfillment of which duties are collected, their sizes and terms of payment as well as basis for
payment of duties, decrease of their sizes are set up by the Cabinet of Ministers of Turkmenistan.
Section 7. Promotion of creation and usage of objects of industrial property
Article 40. Privileges on usage of inventions,
designs protected by patent
Profit (income) and currency earnings which are received by enterprisepatent holder are subject to taxation in
the following cases:
• in the result of usage of invention in the own production;
• from sale of license for invention;
• from usage of invention to which the license is purchased;
• from making a new technology with usage of patented invention;
Forms and sizes of privileges are set up by the Cabinet of Ministers of Turkmenistan.
Article 41. Right of the authors of inventions, designs and rationalization proposals for reward
The authors of inventions and designs, the patent to which are issued to employer or its assignee as well as to
the Fund of inventions of Turkmenistan and which used in public production has right to have reward.
Reward for usage of invention, design within validity of patent is paid to the author by the employer or its
assignee and also by Fund of inventions of Turkmenistan which are patent holders.
Sizes and forms of rewards are set up by the Cabinet of Ministers of Turkmenistan.
The author (authors) of rationalization proposal has right for reward within two years from the date of its usage in
the enterprise which issued a certificate to the author for this rationalization proposal.
Conditions and sizes for rewards are set up by the Cabinet of Ministers of Turkmenistan.
President of Turkmenistan Saparmurat Turkmenbashy
Ashgabat
October 1, 1993
867XII