Preface

The patent invalidation system in Mongolia adopts a "single track administrative examination system", led by the Mongolian Intellectual Property Office (MIPO), with limited supervision provided by judicial examination. The following is an analysis of the core rules based on the Mongolian Patent Law (revised in 2015) and practical operations:

1、 Legal Framework and Process

1. Legal Basis

Patent Law of Mongolia (2015)

Regulation on Intellectual Property Office (MIPO)

Management Organization: Mongolian Intellectual Property Office (MIPO)

2. Core procedure: Administrative invalidation declaration

Key features:

Single track system design: Invalidation can only be initiated through MIPO administrative procedures (different from China's "administrative judicial" dual track system).

No time limit: Invalidation requests can be made at any time after patent authorization (in China, after the authorization announcement).

2、 Key rules for invalidation declaration

1. Reason for invalidity (Article 25 of the Patent Law)

Special restrictions:

Written evidence (such as comparison documents, proof of use) must be submitted, and non Mongolian documents must be accompanied by a notarized Mongolian translation.

The same patent shall not be requested repeatedly based on the same evidence and reasons.

2. Program flow

Review cycle:

On average, it takes 12-15 months (complex cases can be extended to 18 months).

Rules of Evidence:

Accept evidence from outside the country (such as USPTO/EPO search reports), but it must be authenticated by the Mongolian embassy or consulate abroad.

MIPO may request access to third-party evidence (such as public sales records).

Parallel program:

In infringement litigation, the court may suspend the trial and wait for the invalidation result of MIPO (similar to China's "civil administrative cross examination").

3、 Judicial review and enforcement

1. Administrative litigation

Jurisdiction Court:

Ulaanbaatar Administrative Court (first instance) → Supreme Court of Mongolia (final instance).

Review criteria:

Only review legal application errors or procedural violations (without re examining technical facts).

The revision rate is less than 15% (highly respecting MIPO's professional judgment).

2. Typical Cases (2022)

-The patent for Gobi seabuckthorn extract is invalid

MIPO revoked a pharmaceutical patent for "lack of creativity", and the court upheld the decision, emphasizing that traditional knowledge literature can be used as invalid evidence.

4、 Comparison with the Chinese system

5、 Practical Strategies for Enterprises

1. Key points of invalid requests

Evidence combination:

For invention patents, priority should be given to using the combination of "local public use evidence international journal literature" (Mongolian courts value local evidence).

Cost control:

Translation certification accounts for over 40% of the cost, and priority should be given to using Mongolian National University certified translation agencies.

Rights restrictions:

The patentee may limit the invalidity of the claims, but is prohibited from expanding the scope.

2. Success rate data (2020-2023)

6、 Special scenario handling

1. Traditional knowledge related patents

Invalid advantage:

The Mongolian Patent Law specifies that traditional knowledge documents (such as Mongolian medical classics) can be used as invalid evidence.

Case: In 2021, the "camel milk processing patent" of an international company was revoked due to conflicting with the technology recorded in the "Secret History of Mongolia".

2. Mining/Agricultural Patents

Key points of evidence:

Collecting publicly available geological survey reports or agricultural and animal husbandry promotion manuals to demonstrate a lack of novelty.

7、 Institutional challenges and trends

1. Efficiency bottleneck:MIPO's review resources are limited, and the electronic system will be implemented in 2023 to shorten the cycle (with a target of 10 months).

2. International Collaboration:Shared search resources through the Eurasian Patent Organization (EAPO) (accession plan in 2024).

3. Protection of Traditional Knowledge:We plan to revise the Patent Law and establish a traditional knowledge database to prevent biopiracy.

Suggestions for Enterprise Action:

When applying for patents at the Mongolian Patent Office: conduct a traditional knowledge search in advance (consult the Mongolian Academy of Sciences).

Response to invalid requests: The patentee is required to submit experimental data or third-party verification reports within the 60 day defense period.