Azerbaijan

DESIGNS REGISTRATION IN AZERBAIJAN

Priority Deadline: For filing of a design application in Azerbaijan with claiming priority, the application would have to be filed within six (6) months from the priority date. A certified copy of the priority application should be filed with the AzPTO within three (3) months following the design application filing date.

Novelty Period: The novelty grace period for a design in Azerbaijan is six (6) months after the disclosure of the design and before application filing.

Representation: A foreign client must be represented at the Azerbaijan Patent office by a registered Azerbaijani Patent Attorney.

Translation: Application materials should be translated and filed in the Azerbaijani language.

Formal Examination: The process for the examination of Design Applications in Azerbaijan includes a formal examination for the crosschecking of required documentation. In the case of accurate documentation, a decision to grant the patent will be issued at the responsibility of the applicant.

Substantive Examination: In Azerbaijan the substantive examination is optional and can be requested by the applicant within eighteen (18) months from the date of filing of the application. If there is no opposition from third parties six (6) months after the publication of the application, then the decision to grant the patent will be issued.

Office Action: In case of Office Action, our Azerbaijani Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.

Duration: The procedure for registration of a design patent in Azerbaijan usually takes twelve (12) months in case of smooth registration.

Maintenance: Maintenance fees regarding the patent are required to be paid annually with annuity for the following year being made in the current year of validity. The payment of maintenance fees begins from the third (3rd) year of patent validity. A twelve (12) month grace period is foreseen if the maintenance fee is not paid in time. Failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued within two (2) months from the date of expiry of the possibility to file of an objection.

Validity: In Azerbaijan a patent is valid for ten (10) years with a possibility to renew for another five (5) years.

Required documents for Filing a Design Application in Azerbaijan:

1. Applicant’s information (name and address).
2. Designer’s information (name and address).
3. Representations of the design(s) (photos or drawings); number of representations and views is not limited but must be sufficient to give a complete idea of the design.
4. Description and list of dominant features (if available).
5. POA signed by Applicant(s). Notarization or Legalization is not required.

Design protection in Azerbaijan can also be obtained through the Eurasian Patent Organization (EAPO).