• Patent fees

Fees associated with Azerbaijani PCT national phase entry as well as other patent fees are available in the fee calculator.

• Deadline for PCT national phase entry in Azerbaijan 

The Azerbaijani PCT national phase entry application must be filed within 30 months (under PCT Article 22(1)) and within 31 months (under PCT Article 39(1)(b)) from the priority date. The Azerbaijani legislation does not stipulate the restoration of this term.

• Filing requirements in Azerbaijan

The official language of proceedings before the Azerbaijani Trademark Office is Azerbaijani. In case all the remaining documents are filed in any language, the translation into Azerbaijani should be provided within 2 months from entering the Azerbaijani national phase. Additionally, patent claims and abstract should be translated into Russian.

For obtainment of the filing date, it is necessary to provide the Azerbaijani Patent Office with the following:
- a request to grant a patent;
- patent specification in any language;
- Russian translation of the set of claims and abstract.

A signed and stamped Power of Attorney should be provided within 2 months from the national phase entry date in Azerbaijan. 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.

• Examination of a PCT national phase patent application in Azerbaijan

The substantive examination may be optionally requested within 18 months from the date of entering the Azerbaijani national phase. The substantive examination is conducted after the corresponding request is filed, and examination fee is paid. 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 and a third party, that directly or indirectly obtained said information from them, within 12 months before the date of international filing, such disclosure does not disprove the novelty of an 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 enter the PCT application 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 date of entering the Azerbaijani national phase. The validity term of a utility model in Azerbaijan is 10 years from the international filing date. No extension is stipulated. The procedure of obtaining utility model protection takes approximately 2 years.

• Representation by a patent attorney

Foreign applicants must perform the PCT national phase entry in Azerbaijan through an agent, a registered Azerbaijani patent attorney.

• Notes

1. Online Search Database for Eurasian patents (EAPO).
2. PCT application may also be nationalized in Azerbaijan via entering the Eurasian regional phase.

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