MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to utility model registration in Azerbaijan including patent search, translation of an application, filing and further prosecution of the Azerbaijani utility model application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing clients before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.
The term of protection of a Utility Model patent in Azerbaijan is 10 years from the filing date.
Novelty grace period is 12 months from disclosure of the information on utility model before filing the application.
According to the Azerbaijani legislation, the application for a utility model should relate to one utility model or a group of utility models, united by the single inventive idea. However, the object of the utility model application may be only a technical solution relating to the means of production, consumer goods or their components, constructive solutions and functional peculiarities (in contrast, the object of the patent application may be a product (device, process, substance, strain of microorganisms, animals and plants cell culture) and a process/method).
Overview of the Utility Model registration procedure in Azerbaijan:
After completion of the filing procedure the Azerbaijani utility model application undergoes the formal examination within 1- 3 months. The Examination Board examines formal requirements and the fact that the utility model complies with the subject matter protected as utility models. The data about application are published in the Official Bulletin within 12 months from the application filing date. Substantive examination may be requested within 18 months from the filing date of the application at the optional request of the applicant. If no request for the substantive examination is filed, the utility model patent is issued on the applicant's responsibility. If the registration, publication fees and the first post grant annuities are paid, the Decision to Grant a Patent is published in the Official Bulletin and the patent is issued. Term for payment of the prescribed fees is 2 months from the date of expiration of the opposition period which constitutes 6 months from publication of the application.
The procedure of the utility model registration in Azerbaijan takes about 2 years.
Foreign applicants must be represented before the Office by a registered Azerbaijani patent attorney.
For filing a utility model application in Azerbaijan we need:
- your filing instructions with applicant's and inventor's names, addresses and citizenships;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- Power of Attorney signed by the applicant(s) and legalized by the company seal, alternatively notarization of the POA is required. Suitable form for Azerbaijan is enclosed (may be submitted to the Azerbaijani Patent Office within 2 months from the date of filing the application);
- for conventional applications - Certified copy of the priority document, if priority is claimed (may be provided to the Azerbaijani Patent Office within 3 months from filing the application).
The term for filing a utility model application claiming priority in Azerbaijan is 12 months from the priority date. The term for entering the Azerbaijani national phase of a PCT application as utility model is 30 months from the priority date according to Chapter I and 31 months from the priority date according to Chapter II.
For more information about registration of the utility model in Azerbaijan or quotation for filing and prosecution of the Azerbaijani utility model application please contact us.