Online Quotation for Entry of PCT Applications to the National Stage in Azerbaijan is available in a second with PAT-ROLL.

What Can Be Protected As An Invention?

  • Swiss-type claims (the first, second or subsequent medical use of a known substance or composition).
  • Also technical solutions (products and/or methods) from any field of technology which after examination have been proven to be new (of novelty), inventive (possessing the inventive step), and industrially applicable.

What Cannot Be Protected As An Invention?

  • Aesthetic and thereby non-technical creations.
  • Game regulations and guidelines for intellectual and economic activity.
  • Scientific theories, Discoveries, and Mathematical Methods.
  • Plant and animal varieties as well as the biological means of obtaining them.
  • Computer programs.
  • Presentations of information.
  • The modification of human genes as well as methods for cloning humans.
  • The use of human embryos in commercial or industrial purposes.
  • Any other invention contrary to morality or public policy.
  • Methods of treatment.
  • Methods of diagnostics.

Deadline: For entry of a PCT Application to the national phase in Azerbaijan, the patent application is required to be filed with the Azerbaijan Patent Office (AzPTO) within thirty-one (31) months from the earliest filing date of the priority application.

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

Translation: Application materials should be translated and filed in the Azerbaijani language but the Azerbaijan Office requires also Russian translations of the claims and abstract.

Formal Examination: The process for the examination of PCT Applications in Azerbaijan includes a formal examination after which the decision to publish the application is issued; and after the payment of corresponding fees within two (3) months, the application is published.

Substantive Examination: The petition for substantive examination should be filed on the client’s request within eighteen (18) months from the application filing date in which the invention will be checked for novelty, inventive step, and industrial applicability. The patent is issued or not, after the completion of the substantive examination and in accordance with the results of said examination.

If no request for a substantive examination is filed however within six (6) months from the application publication date and no opposition is filed also within this period, then the patent is automatically issued at the responsibility of the applicant.

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 options available in overcoming said Office Action.

Duration: The procedure for registration of a patent in Azerbaijan usually takes between two (2) and three (3) years.

Fees: The patent is issued after payment of the registration, first post grant annuities and publication fees.

Validity: In Azerbaijan a patent is valid for twenty (20) years after the initial filing date. It is however possible for agrochemical and pharmaceuticals to apply for an extension of five (5) years on their patent.

Utility Model: A PCT Application for invention entering into the national stage in Azerbaijan can be converted to a Utility Model at the stage of filing or examination. The relevant request can be processed by an authorized Azerbaijan Patent Attorney.
– In Azerbaijan a Utility Model is valid ten (10) years from the date of filing.

Required documents for Filing a Patent Application in Azerbaijan:

  • Applicant’s information (name and address);
  • Inventor’s information (name and address);
  • Description, claim, abstract and drawings, which are finally accepted and published by WIPO.
  • POA signed by applicant(s). Notarization or Legalization is not required.

Protection in Azerbaijan can also be made through the EAPO (Eurasian Patent Office).

Online Quotation for Entry of PCT Applications to the EAPO is available in a second with PAT-ROLL.

Click the following link for a detailed guide on filing patent application and PCT entry into the Azerbaijan National Phase from the perspective of a Azerbaijan Patent Attorney.