Patents of Invention
Legal Basis
– Patent Law of July 25, 1997, last amended October 20, 2009.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since December 25, 1995.
– Patent Cooperation Treaty (PCT), since December 25, 1995.
– Eurasian Patent Convention, since December 25, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since December 25, 1995.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since October 14, 2003.
– Strasbourg Agreement Concerning the International Patent Classification, since July 14, 2004.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since March 2, 2005.
Filing
Applicant: inventor or his legal successor.
Foreigners: must appoint a local agent in Azerbaijan.
Protection of foreigners: they enjoy the same rights as Azeri nationals.
Scope of protection: patents can be granted for devices, processes, substances, strains of microorganisms, cultures of plant and animal cells, for a new use of a known device, process, substance or strain.
Patentability: a patent is granted for an invention which is new, which is a result of creative work, which has an inventive level and is industrially applicable.
Novelty: the claimed invention should not have been made available, in Azerbaijan or abroad, to the public by publication, exhibition, demonstration or use, or be obvious to persons skilled in the art.
Novelty grace period: twelve months.
Exceptions to protection: scientific theories including mathematical forms, ornamental creations, methods of economic organization and management, presentation of information, symbols, schedules and rules, methods for performing mental acts, algorithms and computer software, projects and plans for structures and buildings and for land developments; computer programs; proposals referring only to the external appearance, a purpose of which is satisfying the aesthetic requirements; varieties of plants and strains of cattle (but not microbiological methods and products produced by such a way), diagnostic methods and surgical or therapeutical treating methods to human or animal body; proposals that are contrary to the public interest, humanitarian principles or morality.
Unity of the invention: application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.
Priorities: according to the Paris Convention, within twelve months.
Extension of the Conventional term: may be extended for valid reasons for further two months, if an application claiming the Conventional priority could not be filed within twelve months.
Territory covered: the Republic of Azerbaijan.
Filing requirements for an application(to be sent to resident agent):
1. Power of attorney (notarization required only in absence of the applicant’s company seal; no legalization);
2. Specification and abstract (to be translated into Azeri);
3. Drawings;
4. Priority document, if priority is claimed, to be filed within three months from the filing date.
Electronic filing: the Patent Office accepts full electronic filing with electronic version of the PoA and for any other signed documents, but within one month all the electronically filed documents should also be filed in hard paper form.
Electronic signatures: are not accepted (only wet signatures).
For a change of name or address:
1. Power of attorney reflecting the new name or address (notarization required only in absence of the company seal; no legalization);
2. Certified copy of the change of name or address document.
PCT applications: time limit for entering national phase under Chapter I: 30 months; under Chapter II: 31 months. If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II).
Examination Procedure
Examination: a two-step formal examination. The first step is carried out a month after the filing date and comprises checking the formal requirements. As a result of the formal examination, if all formal requirements are met, the Patent Office issues a decision to publish the application, or to reject it. The particulars of the application are published in the Patent Office Gazette.
Opposition: possible within a six-month term after the publication of the application. A negative decision may be appealed to in front of the Patent Office Appeal Board.
Amendments to the application: voluntary amendments may be submitted to the Patent Office within twelve months after the filing date. Additional materials may also be filed during the entire period of the formal and complete examination, in response to an official action; additional materials extending or changing the subject matter of an application are not accepted.
Divisional applications: may be filed during the examination if the requirements regarding the unity of the examined invention are not met; a divisional application retains the priority of the basic application.
Granting
Granting decision: issued after the examination is completed, if the patentability requirements are met. A negative decision may be appealed by the applicant before the Patent Office Appeal Board.
Publication: six months after the granting decision was made, in the Patent Office Gazette.
Opposition: possible within a six-month term after the publication of the granted patent. If no opposition is filed, the patent particulars are entered into the Patent Register of the Republic of Azerbaijan and the Patent Certificate is issued in paper format.
Duration: twenty years from the filing date; can be extended for additional five years.
Annuities: the accumulated annuities are payable after receipt of the allowance decision; subsequent annuities are due on the anniversary of the filing date.
Annuity grace period: twelve months with a fine.
Modification of Protection after Granting
Invalidation: a request for invalidation or nullification may be filed by any person during the entire period of validity of a patent.
License: must be registered.
Compulsory license: may be granted in case of non-working during three years from the patent granting date.
Assignments: must be registered with the Patent Office.
Infringement: penal provisions provided.