Forthcoming amendments to Patent Law of Georgia

A number of procedural and substantive amendments to prosecution of a patent application are proposed for the purposes of harmonization of the law with European Patent Convention (EPC) and respective legislations of European states.

Among the amendments proposed, those to the Article 12 is especially prominent, with two paragraphs added to provide exemptions to previously non-patentable substances or compositions known in the prior art and destined for use in surgical, therapeutic and diagnostic methods for treatment of humans and animals, and to recognize such substances or compositions patentable if mentioned use or their specific use in those methods have not yet been known in the prior art. It is noteworthy as well that the wording of Article 17 (b) has been amended taking into consideration the fact that surgical or therapeutic methods of treatment of humans and animals and diagnostic method  not conducted in the organism of a living being may be patentable.

According to the draft law, new chapter on Patent Attorneys will be added. Pursuant to the new chapter, a non-resident applicant is constrained to appoint a Patent Attorney for representation before Georgian Patent Office (SAKPATENTI).