Azerbaijan

Priority Deadline: For filing of a Utility Model Application in Azerbaijan with claiming priority, the application would have to be filed within twelve (12) months from the priority date. A certified copy of the priority application should be filed with the AzPTO within three (3) months following the application filing date.

Novelty Period: The novelty grace period for a Utility Model in Azerbaijan is twelve (12) months after the disclosure of the Utility Model 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 Patent 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 (2) months, the application is published.

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 after the publication of the application, then the decision to grant the patent will be issued.

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

Duration: The procedure for registration usually takes two (2) years in case of smooth registration.

Maintenance: Maintenance fees are required to be paid annually with annuity for the following year being made in the current year of validity. A failure to pay maintenance fees can result in the cancellation of the patent.

Fees: The patent is issued and information published in the Official Bulletin after payment of the relevant issuance, publication and annuity fees. The term for payment is two (2) months after the expiration of the opposition period.

Validity: In Azerbaijan a Utility Model is valid for ten (10) years from the date of filing.

Required documents for Filing a Utility Model Application in Azerbaijan:

  • Applicant’s information (name and address);
  • Inventor’s information (name and address);
  • Description, claims, abstract and drawings, disclosing the utility model;
  • Original of the POA signed by applicant(s). Notarization or Legalization is not required.