To initiate the Azerbaijani PCT national phase entry, the application must be submitted within either 30 months (under PCT Article 22(1)) or 31 months (under PCT Article 39(1)(b)) from the priority date, as per Azerbaijani legislation. There is no provision for the restoration of this term.
Filing requirements
The official language for proceedings before the Azerbaijani Trademark Office is Azerbaijani. If documents are filed in any other language, a translation into Azerbaijani must be provided within 2 months of entering the Azerbaijani national phase. Additionally, patent claims and abstracts should be translated into Russian.
To secure the filing date, the Azerbaijani Patent Office needs the following:
- A request for a patent grant.
- The patent specification in any language.
- A Russian translation of the set of claims and abstract.
A signed and stamped Power of Attorney must be provided within 2 months from the national phase entry date in Azerbaijan. The stamping of the Power of Attorney is mandatory, and notarization is required in the absence of a stamp, regardless of whether the applicant is a natural or legal person.
Examination of a PCT national phase patent application in Azerbaijan includes an optional substantive examination, which can be requested within 18 months of entering the Azerbaijani national phase. The substantive examination is conducted upon filing the corresponding request and payment of the examination fee. Alternatively, a patent will be issued at the applicant’s responsibility.
The novelty grace period in Azerbaijan allows for disclosure within 12 months before the international filing date by the applicant, author, or a third party directly or indirectly obtaining the information, without affecting the novelty of the invention.
For grants, the official grant fee and first post-grant annuities should be paid within 2 months from the opposition period’s expiry. An opposition can be filed within 6 months from the publication of the application. The patent in Azerbaijan is valid for 20 years from the filing date, with annuities due starting from the second anniversary of the filing date but payable 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 a 12-month grace period with a corresponding surcharge.
The registration procedure’s duration in Azerbaijan, under smooth prosecution, is approximately 3-5 years to obtain a patent.
Regarding utility models, it is possible to enter a PCT application as a utility model in Azerbaijan. Utility model applications undergo obligatory formal examination only. An optional substantive examination can be requested within 18 months of entering the Azerbaijani national phase. The validity term for a utility model in Azerbaijan is 10 years from the international filing date, with no extension allowed. The procedure for obtaining utility model protection takes approximately 2 years.
Foreign applicants are required to perform the PCT national phase entry in Azerbaijan through an agent, a registered Azerbaijani patent attorney.
You can find a list of Azerbaijan IP firms here.