MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Azerbaijan including patent search, patent translation, filing and further prosecution of an application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
Patent protection in Azerbaijan may be also obtained via a Eurasian patent.
The validity term of a patent in Azerbaijan is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended the Supplementary Protection Certificate (SPC) will be issued.
Novelty grace period is 12 months from disclosure of the information on the invention before filing an application.
Overview of the patent registration procedure in Azerbaijan:
After completion of the filing procedure an Azerbaijani patent application undergoes a formal examination. After completion of the formal examination a decision to publish the application is issued. The application is published after payment of the corresponding fee within 2 months. A substantive examination may be requested within 18 months from the filing date at the optional request of an applicant. If no request for the substantive examination is filed, the patent will be issued on an applicant's responsibility provided that no opposition is filed within 6 months from the publication of the application. If a substantive examination is requested the invention will be verified according to the patentability requirements. If the results of the examination are positive the decision to grant a patent is issued. If the registration, publication fees and the first post-grant annuities are paid, a patent will be issued.
The procedure of the patent registration in Azerbaijan takes from 2 to 3 years.
Foreign applicants must be represented before the Office by a registered Azerbaijani patent attorney.
What is required for filing a patent application in Azerbaijan:
- filing instructions comprising applicant's and inventor's names, addresses and citizenships;
- a filing number and a date of a priority application or a PCT application;
- a specification with claims, abstract and drawings;
- a copy of the amendments, if any;
- a Power of Attorney simply signed and stamped by the applicant(s); notarization of the POA is required if the company stamp is not available. The executed PoA should be submitted to the Azerbaijani Patent Office within 2 months from the application filing date;
For conventional applications it is necessary to provide a certified copy of a priority document if claimed. It may be provided to the Azerbaijani Patent Office within 16 months from filing an application.
Terms
The term for entering the Azerbaijani national phase of a PCT application is 30 months from the priority date under Chapter I and 31 months from the priority date under Chapter II.. The term for filing a conventional patent application in Azerbaijan is 12 months from the priority date.
If you need further information concerning patent registration in Azerbaijan or quotation for filing and prosecuting of an Azerbaijani or Eurasian patent application please feel free to contact us.
