Expansion of EPO Agreement Enables Patent Validation in Georgia

Introduction:

Effective 15 January 2024, a formal agreement between the European Patent Office (‘EPO’) and the Georgian government has been established. This development facilitates the extension of patent applications filed on or after 15 January 2024 to include patent protection in Georgia. The practical implications of this agreement are noteworthy for its impact on patent access, cost-effectiveness, and legal certainty.

This announcement means that applicants can ‘validate’ a European patent thereby protecting their inventions in up to 45 countries – 39 EPO Member States, one extension state (Bosnia and Herzegovina), and 5 validation states – which now includes Georgia.

It is however important to note that this option is only available for European patent applications filed on or after 15 January 2024, and not for any patents resulting from earlier applications.

Validation Status:

Based on the agreement, Georgia does not become an EPO Member State a party to the European Patent Convention but rather, it becomes a ‘validation state’ – similar to those agreements observed between the EPO and other validation states including Cambodia, the Republic of Moldova, Morocco and Tunisia.

The system for validating European patents in a validation state or a non-EPO Member State is largely based on an international agreement between the EPO and the respective validation state.

Applicants can obtain patent protection in the validation state using effectively the same procedure before the EPO as that used for obtaining national patents in the 39 EPO Member States.

At their request, and on payment of the prescribed fee, European patent applications and patents can be validated in the validation state, where they will have the same effect as national applications and patents [1].

Streamlined Access and Cost Efficiency:

European patent applications filed on or after 15 January 2024 can be validated in Georgia overcoming the need for a separate national application in Georgia. This streamlined process aims to reduce the complexities associated with patent filing procedures.

Importantly, the validation fees for this process are set at a level lower than traditional national patent filing costs, offering a relatively more cost-effective means for securing patent rights in Georgia.

Procedural Aspects and Key Considerations:

To utilise this extension mechanism, applicants must submit a request for extending a European patent to Georgia within six months of publication of the European search report.

The request should be accompanied by a fixed fee of EUR 200. Further, a translation of the patent specification into Georgian must be filed within three months of grant, together with the prescribed fee.

Legal Certainty and Implications for Georgia:

European patents validated in Georgia will be accorded the same legal status and protection as national patents. This harmonization ensures a consistent legal framework for patent holders, contributing to enhanced legal certainty in cross-border patent enforcement.

The implications for Georgia’s IP landscape are significant. By simplifying patent access and reducing associated costs, this agreement may be poised to attract foreign investment and potentially stimulate technological advancements within the country.

The potential economic growth and innovation resulting from this streamlined process make it a notable development for both inventors and businesses seeking patent protection in Georgia.

Find out more by referring to the EPO’s announcement – Validation agreement with Georgia enters into force – here [2].

References:

[1] Validation system – https://www.epo.org/en/about-us/services-and-activities/international-european-cooperation/international-bilateral/validation-system

[2] Validation agreement with Georgia enters into force – https://epo.org/en/news-events/news/validation-agreement-georgia-enters-force