• Patent fees

Fees associated with Turkmen PCT national phase entry as well as other patent fees are available in the fee calculator.

• Time limits for Turkmenistan national phase entry 

The deadline for entry into the Turkmen PCT national phase is 31 months from the priority date under PCT Article 39(1)(b) and 30 months from the priority date under PCT Article 22(1). This term may be restored within three months from the expiry date on the applicant’s request if the corresponding official fee is paid.

• Minimum filing requirements for national phase entry in Turkmenistan

To obtain a filing date of a patent application entering PCT national phase in Turkmenistan, it is required to file a request to grant a patent containing information about the applicant(s) together with description, claims, drawings (if any) and abstract of the invention (PCT application materials).

• Language of the Turkmenistan patent application

The language of proceedings before the Turkmen IPO is Turkmen. The application materials filed in any other language can be considered as filed if a translation into Turkmen has been provided within three months from the date of filing.

• Power of Attorney requirements

A simply signed Power of Attorney should be provided within three months from the date of entering PCT national phase in Turkmenistan in case the applicant is a natural person, while for legal entities it should be signed and stamped. Official legalization or notarization is not required.

• Examination system

There are formal, limited, and substantive examinations. When the positive results of the formal examination are received, the application undergoes the limited examination. On the basis of the limited examination results, a decision to grant a Limited patent (valid for ten years) may be issued. To obtain a full patent (valid for twenty years), it is necessary to file a request for suspension of issue of the Limited patent and request the substantive examination within five years from the filing date. The request for substantive examination may be filed by any interested party. Also, the applicant should submit a copy of a patent or a decision to grant a patent issued by other Patent Offices in respect of parallel patent applications.

• Time limits for amending the application

The applicant may amend or correct the application before the decision to grant a limited or full patent or the decision to refuse grant of a patent is issued. In case the application has been amended within three months from the date of filing, the official fee is not stipulated.

• Grant and maintenance

Official fees for patent registration should be paid within three months from the date of issuance of the Notice of Allowance. The first post-grant annuities starting from the 1st year must be paid within said term as well. All next annuities are counted from the international filing date and are to be paid before the anniversary of the international filing date.

• Representation by a patent attorney

An agent, a registered Turkmen patent attorney, must be appointed for Turkmenistan PCT national phase entry.

• Notes

1. Online Search Database for Eurasian Patents (EAPO).
2. It is possible to obtain a Limited patent which will be granted after limited examination. The validity term of a Limited patent is ten years from the filing date.
3. PCT application may also be nationalized in Turkmenistan via entering the Eurasian regional phase.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 19.04.2023
Please contact us if the above information is not in conformity with Turkmen IP Laws