PATENTS
Azerbaijan Patent Law
The Patent Law of July 25, 1997, last amended on October 20, 2009.
Azerbaijan is member of the following international conventions
* Paris Convention, since December 25, 1995.
* Patent Cooperation Treaty, since December 25, 1995.
* Eurasian Patent Convention, since December 25, 1995.
Patent Application Filing requirements in Azerbaijan
- Full name and address of the applicant(s);
- Full name and address of inventor(s);
- Invention specification including claims, description, abstract and drawings;
- Certified copy of priority document if convention priority is claimed (can be filed within three months from the priority application filing date);
- International publication, international search report, international preliminary examination report for entry of PCT application into national phase;
- Original signed and stamped/sealed Power of Attorney with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date). In case the seal/stamp is not available the document must be notarized and apostilled.
Azerbaijan Patent Registration procedure
After completion of filing procedure the application undergoes formal examination. After completion of formal examination the application is published within 12 months from the application filing date. The substantive examination can be conducted on the applicant’s request which should be filed within 18 months from the application filing date and upon payment of corresponding official fee. Any interested person may file an opposition against the invention registration within 6 months from the publication date. In the absence or rejection of the opposition, and upon payment of the official registration fee by the applicant within six months following the publication the patent is granted.
Opposition is possible within six (6) months from the publication of a patent application.
Timeframe
The approximate timeframe of obtaining a patent is about 24-36 months.
* Entry of PCT application into national phase should be effected within 30 months from the international filing date or a priority date (if any).
Duration
The patent term is twenty (20) years from the filing date.
Annuities
The accumulated annuities are payable after receipt of the allowance decision; subsequent annuities are due on the anniversary of the filing date.
Remarks
* The term for entering the Azerbaijani national phase of a PCT application is 30 months from the priority date according to Chapter I and 31 months from the priority date according to Chapter II.
* The term for filing a conventional patent application in Azerbaijan is 12 months from the priority date.
Azerbaijan INDUSTRIAL DESIGN Application Filing requirements
- Full name and address of the applicant(s),
- Full name and address of author(s);
- Detailed description of the design including essential features;
- Photos or drawings of the design representing each view of the design;
- Certified copy of priority document if priority is claimed (can be filed within three months from the filing date);
- Original signed and stamped/sealed Power of Attorney with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date). In case the seal/stamp is not available the document must be notarized and apostilled.
Azerbaijan Industrial Design Registration procedure
After completion of filing procedure the application undergoes formal examination. After completion of formal examination the application is published within 6 months from the application filing date. The substantive examination can be conducted on the applicant’s request which should be filed within 18 months from the application filing date and upon payment of corresponding official fee. Any interested person may file an opposition against the design registration within 6 months from the publication date. In the absence or rejection of the opposition and upon payment of the official registration fee by the applicant a design patent is issued.
Timeframe
The approximate timeframe of obtaining a design patent is about 18-24 months.
TRADEMARKS
Azerbaijan Trademark Law
Legal basis is the Trademark Act, in force since June 12, 1998 and amended on April 3, 2009 and December 28, 2018.
Azerbaijan is a member of the Madrid Agreement and Madrid Protocol.
Trademark protection is obtained by registration.
Trademarks which were protected in the former Soviet Union are protected in Azerbaijan only, if they were transcribed until December 31, 1995.
Classification
Nice classification, 11th edition. Multiple-class applications are possible.
Document required
- Original signed and stamped/sealed Power of Attorney with the indication of the name and position of the signatory, date and place of signing (can be filed within two months from the application filing date). In case the seal/stamp is not available the document must be notarized and apostilled.
- Certified copy of priority document if priority is claimed (can be filed within three months from the filing date); (If Apply)
Azerbaijan Trademark Registration Procedure
The application is filed at the Patent Office (AZSTAND).
The application process includes a formal examination and substantive examination (on absolugte and relative grounds).
After registration, the trademark is published in the Patent Office Bulletin.
National Opposition Period
Filing of the official opposition is not stipulated by the legislation. Still it is possible to file the informing letter to the Trademark Office with arguments against registration of the trademark. Such letter can be filed within the entire period of examination before the decision is taken.
Timeframe
The processing time from first filing to registration is 18-29 months.
Remarks of the registration process in Azerbaijan
After completion of filing procedure the trademark undergoes formal and substantive examination. On condition that the trademark meets the requirements of protectability the grant decision is issued. Upon payment of the registration fee the certificate of trademark registration is issued and the trademark is published in the Official Bulletin.
Duration
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.