• Patent fees

Fees associated with filing patent applications in Azerbaijan, as well as other patent fees, are available in the fee calculator.

• The term for filing a patent application in Azerbaijan

The term for filing a patent application in Azerbaijan claiming priority is 12 months from the priority date. The term can be extended for 2 months if the applicant fails to file the application for reasons beyond his control.

• Filing requirements in Azerbaijan

The official language of an Azerbaijan patent application is Azerbaijani. If the patent application is filed in any other foreign language, the Azerbaijani translation should be provided within 2 months from filing the application. Additionally, patent claims and abstract should be translated into Russian.

To obtain the date of filing a patent application in Azerbaijan should contain:
- a request to grant a patent;
- patent specification, abstract and drawings in any language.

If the priority is claimed, a certified copy of the Priority Document should be provided within 16 months from the priority date. Additionally, the priority should be claimed simultaneously with filing the application or within 2 months from the filing date.

A Power of Attorney should be stamped regardless of whether the applicant is a natural or legal person. In case of absence of the stamp notarization is required. It should be provided within 2 months from the date of filing in Azerbaijan. It should be provided along with the application.

• Examination of an Azerbaijani patent application

A request to conduct substantive examination may be filed within 18 months from filing the application, alternatively a patent will be issued at the applicant’s responsibility.

• Novelty grace period

If the information on the invention is disclosed by the applicant, author or a third party, that directly or indirectly obtained said information from them, within 12 months before the filing date, such disclosure does not disprove the novelty of the invention.

• Grant, validity term and maintenance fees

The official grant fee, as well as first post-grant annuities, should be paid within 2 months from the expiry of the opposition period. The opposition can be filed within 6 months from publication of the application. The patent in Azerbaijan is valid for 20 years as of the filing date. Annuities are due starting on the second anniversary of the filing date, but are to be paid only at the grant stage. Subsequent annual maintenance fees should be paid in advance before the anniversary of the filing date. Late payment is possible within 12-month grace period by paying a corresponding surcharge.

• Duration of registration procedure

If the prosecution process goes smoothly, it takes approximately 3-5 years to obtain a patent in Azerbaijan.

• Utility Model 

It is possible to protect an invention as utility model in Azerbaijan. The utility model applications obligatory undergo formal examination only. A substantive examination may be optionally requested within 18 months from the filing date. The validity term of a utility model in Azerbaijan is 10 years from the filing date. No extension is stipulated. The procedure of obtaining utility model protection takes approximately 2 years.

• Representation by a patent attorney

For foreign applicants it is necessary to perform the patent prosecution in Azerbaijan through an agent, a registered Azerbaijani patent attorney.

• Notes

1. Online Search Database for Eurasian patents (EAPO).
2. Patent protection in Azerbaijan may also be obtained via Eurasian Patent.

Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 09.04.2024
Please contact us if the above information is not in conformity with Azerbaijani IP Laws