The EPO’s system for validating patents in Georgia came into force on 15 January 2024. This means it will be possible to validate European patents filed on or after 15 January 2024 in Georgia.
A validation state is a non-contracting state to the European Patent Convention (EPC) that has entered into a validation agreement with the European Patent Office (EPO). Georgia becomes the fifth EPO validation state, joining Morocco, Republic of Moldova, Tunisia and Cambodia.
This system enables European patent applicants to obtain patent protection in Georgia via a simple, cost-effective procedure. Validation requests can be made for European applications (or Euro-PCT applications) with a filing date on or after 15 January 2024. This involves paying a fee of EUR 200* to the EPO within 6 months of publication of the European search report, or, for Euro-PCT applications, upon entering the European regional phase by the 31-month deadline.
A European patent application for which validation in Georgia has been requested is equivalent to a regular national application under Georgian law. Once published, the European application may also confer provisional protection in Georgia, provided a Georgian translation of the claims is filed with the National Intellectual Property Center of Georgia, Sakpatenti and upon payment of a fee.
Once granted, and subject to national law, the resulting European patent will in principle have the same effect as a national patent in Georgia, provided that formal requirements are met (filing a translation and paying a fee to Sakpatenti). Annual renewal fees will be payable to Sakpatenti to maintain the validated European patent in force in Georgia. The Georgian provisions for patent revocation apply to validated European patents, although these largely correspond to the grounds for revocation provided under the EPC.
If you’re interested in finding out more about protecting your invention in Georgia, please get in touch with Tom Hailes, Jamie Atkins or your usual Kilburn & Strode advisor.
See the EPO notice here, here, and OJ notice here, for full details.
* at time of writing