Patent fees associated with Azerbaijani PCT National Phase Entry
Fees associated with Azerbaijani PCT National Phase Entry as well as other patent fees are available in the fee calculator.
The time limits for entering the Azerbaijani PCT National Phase
The Azerbaijani PCT Nnational Pphase Eentry 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 for Azerbaijani PCT National Phase Entry
For the obtainment of the filing date, it is necessary to provide the Azerbaijani Patent Office with the request to grant a patent, patent specification in any language, and Russian translation of the set of claims and abstract. All other documents, as well as the translation of the application, may be provided later.
Language of the patent application based on PCT in Azerbaijan
A patent application may be filed in any language; however, the translation into Azerbaijani should be provided within two months from entering the Azerbaijani National Phase. Additionally, patent claims and abstracts should be translated into Russian.
Power of Attorney requirements in Azerbaijan
A signed and stamped Power of Attorney should be provided within two 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 the absence of the stamp legalization or notarization is required.
Substantive examination request for application
The substantive examination may be 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 the examination fee is paid. Alternatively, a patent will be issued at the applicant’s responsibility.
Grant and maintenance fees in Azerbaijan
Official grant fee, as well as first post-grant annuities, should be paid within two months from the expiry of the term for filing oppositions against published applications. The term for filing oppositions is six months from publication of the application.
Novelty grace period of an invention
If the disclosure of the information on the invention was made 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.
Representation by an Azerbaijani patent attorney
Foreign applicants must perform the PCT National Phase Entry in Azerbaijan through an agent, a registered Azerbaijani patent attorney.
Notes
- Online Search Database for Eurasian patents (EAPO).
- PCT application may also be nationalized in Azerbaijan via entering the Eurasian regional phase.
- Inventions may also be protected as Utility Models in Azerbaijan.
If you have any queries related to the PCT National Phase Entry in Azerbaijan, please contact IIPLA team. We will be more than happy to resolve your queries free of cost.
