Georgian Framework for Validating European Patents

Under the current legal framework, European patents can be validated in Georgia based on the International Agreement on the Validation of European Patents (the “Validation Agreement”) between the Government of Georgia and the European Patent Office (EPO). This framework allows applicants to obtain patent protection in Georgia by requesting validation of their European patent applications.

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What Is a Patent?

Georgian Framework for Validating European Patents

A patent, as defined by the Patent Law of Georgia, is a state-issued document granting exclusive rights to an invention—a technical solution in any field of industry. For an invention to be patentable in Georgia, it must be novel, industrially applicable, and involve an inventive step, meaning it must not be obvious to a specialist in the relevant field. Applicants must file patent registration applications with the National Intellectual Property Center of Georgia (Sakpatenti). Patent registration enables holders to exploit their inventions in Georgia while preventing unauthorized use by others.

Scope and Cooperation Under the Validation Agreement

Under the Validation Agreement, European patents granted by the EPO can enjoy the same scope of protection in Georgia once validated through Sakpatenti. To ensure the system works effectively, Sakpatenti and the EPO must cooperate both legally and administratively. A joint committee, consisting of representatives from both institutions, addresses matters arising from the agreement.

Legal Equivalence and Patent Examination

The validation system grants European patent applications and validated European patents in Georgia the same legal effect as national Georgian patents. The EPO refrains from granting patents that would conflict with existing Georgian patents, enhancing legal certainty and promoting efficient patent protection.

The Validation Process

The validation process includes several stages. Applicants must indicate Georgia as a validation country when filing their European patent application with the EPO. Only applications filed with the EPO from 15 January 2024 onward are eligible for validation in Georgia. Validation fees must be paid to the EPO within six months from the publication of the European search report in the European Patent Bulletin. Following this, the EPO shares relevant application data with Sakpatenti.

If the EPO grants the patent, the owner must submit a complete Georgian translation of the patent to Sakpatenti within three months and pay the publication fees. The translation must include any drawings referenced in the claims. Once validated, the European patent remains in force in Georgia for the same duration as in Europe, subject to the payment of annual maintenance fees.

Duration and Renewal of the Agreement

The Validation Agreement remains in force for renewable five-year terms. If either party terminates the agreement, its provisions still apply to pending requests and patents granted by them.

Strategic Importance for Georgia

Georgia is one of five countries with validation status. It is also the 45th jurisdiction where patent protection is available through the European patent system. This arrangement strengthens Georgia’s intellectual property infrastructure and supports foreign investment. It also advances Georgia’s alignment with the European Patent Convention and its integration into the European Union.

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