MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark AttorneysISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS
Patent and Trademark Attorneys
ISO 9001 CERTIFIED


PATENT IN AZERBAIJAN

Patent AzerbaijanMIKHAILYUK, 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 clients 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 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 5 years. In case the patent is extended the Supplementary Protection Certificate (SPC) is issued.

Novelty grace period is 12 months from disclosure of the information on the invention before filing the application.

Overview of the Patent registration procedure in Azerbaijan:
After completion of filing procedure the Azerbaijani patent application undergoes the formal examination. After completion of the formal examination the decision to publish the application is issued. After payment of the corresponding fee within 2 months the application is published. The substantive examination may be requested within 18 months from the filing date at the optional request of the applicant. If no request for the substantive examination is filed, the patent is issued on the applicant’s responsibility provided that no opposition is filed within 6 months from publication of the application. If the substantive examination was requested the invention is 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 the patent is 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.

For filing a patent application in Azerbaijan we need:
- your filing instructions with applicant’s and inventor’s name, address and citizenship;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- copy of the amendments, if any;
- Power of Attorney signed by the applicant(s) and legalized by the company seal, alternatively notarization of the POA is required (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 16 months from filing the application).

The term for entering the Azerbaijani national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Azerbaijan is 12 months from the priority date.

For more information about patent registration in Azerbaijan or quotation for filing and prosecution of the Azerbaijani patent application please contact us.

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