I. Requirements for Georgia after EP grant
The validation agreement between EPO and Georgia entered into force on 15 January 2024. Since that date it is possible to validate European patent applications and patents in Georgia, where, after validation, they will confer essentially the same protection as patents granted by the EPO for the now 39 member states of the European Patent Organization.
The Validation in Georgia is mainly governed by Articles 75 to 75 of the Patent Law of Georgia.
Validation in Georgia occurs at the applicant’s request.
Validation for Georgia is deemed requested for any European or international application filed on or after 15 January 2024. It is not available for applications filed prior to that date, or for any European patents resulting from such applications.
The validation fee is EUR 200. It must be paid to the EPO within six months of the date on which the European Patent Bulletin mentions the publication of the European search report, or, where applicable, within the period for performing the acts required for an international application’s entry into the European phase.
After expiry of the relevant basic time limit, the validation fee can still be validly paid within a two-month grace period, provided that within that period a surcharge of 50% is also paid.3If the designation fee has not been paid and further processing is available, the validation fee can still be paid along with the further processing concerning the designation fee. If the validation fee is not paid in due time, the request for validation is deemed withdrawn.
I.1 Translation requirements
A translation of the claims and specification into georgian must be filed with the Institute for Intellectual Property of Georgia.
I.2 Professional representative
Must be appointed.
I.3 Period for filing the translation
3 months after the date on which the mention of the grant of the European patent is published in the European Patent Bulletin.
I.4 Office fee
Validation fee in the amount of 200 Eur. To be paid within 3 months after the date on which the mention of the grant of the European patent is published in the European Patent Bulletin.
II. Double-patenting allowed?
No; to the extent that the extended European patent protects the same invention, the national patent ceases to have effect from the date on which
(a) the period for filing the notice of opposition to the European patent expires without such notice being filed, or
(b) the opposition proceedings are finally closed, the European patent having been maintained.
III. Territory
Georgia
IV. Useful links:
International: PCT Applicant’s Guide Georgia – Valid as from 1 Mar 2024 (wipo.int)
