Legislative Implementation of Flexibilities - Mongolia

Title:	Article 3 (3) & (5) and Article 4 of the Patent Law of 25/06/1993 as last amended in 1997
Field of IP:	Patents
Type of flexibility:	Utility models
Summary table:

Provisions of Law

Article 3. Definitions in this law

3. "utility model" means an industrial device, product, their basic part, and a new, industrially applicable solution

5. "a utility model certificate" means the document granted by the competent authorities after filing in the state record and recognizing the exclusive right of the author to own it for certain of time.

Article 4. Objects of patent and patentability

1. A patent shall be granted to the author of an invention or to a natural person or legal entity to whom the author has assigned his or her right to a patent if that author has created a product or process which is absolutely new or involves an inventive step and the product or process is industrially applicable.

2. An invention shall be regarded as involving an inventive step if that step is not obvious to a person skilled in the relevant field. The existence of an inventive step shall be determined by an examiner appointed by the [Intellectual Property Office.

3. An invention shall be considered industrially applicable if it can be made or used in industry.

4. A product or process shall be considered new if it is not preceded by a product or process of the same design.

5. The followings shall not be considered to be inventions:

1) discoveries, scientific theories and mathematical methods;

2) computer program and algorithms;

3) schemes, rules or methods for doing business, performing mental acts or playing games;

4) solutions that are contrary to public health or environmental protection;

5) methods of treatment and diagnosis, or prophylaxis of human and animal diseases;

6) biological processes for the production of animals, or plants other than micro-organisms. This shall not include non-biological, and microbiological processes;

6. A patent shall be granted to an author of an industrial design or to natural person or legal entity to whom that author has assigned his or her right to a patent if that author has created a new and original solution relating to an industrially applicable article and that solution has not, prior to the filing date of that author's application, has been disclosed anywhere in the world by publication in a tangible form or by publication in any manner in this country.