REGISTRATION OF PATENT IN AZERBAIJAN

In the dynamic landscape of innovation and intellectual property rights, securing patent registration stands as a pivotal step towards safeguarding the fruits of inventive labor. Within the Republic of Azerbaijan, a burgeoning hub of technological advancement and industrial prowess, the process of patent registration serves as a cornerstone for fostering innovation, protecting intellectual property, and driving economic growth. This introduction delineates the fundamental aspects of patent registration in Azerbaijan, offering insights into the requirements, procedures, and implications of patent protection within the country's legal framework.

In a world teeming with ingenuity and creative breakthroughs, the possibility of patent registration in Azerbaijan opens avenues for inventors and innovators to assert ownership over their novel creations. With a firm commitment to promoting technological progress and fostering a culture of innovation, Azerbaijan's patent registration system provides a robust platform for individuals and enterprises to transform ideas into tangible assets, thereby fueling economic development and enhancing competitiveness on the global stage.

Navigating the intricate terrain of patent registration necessitates a comprehensive understanding of the requirements and procedures mandated by the relevant authorities. From determining the novelty and eligibility of patent works to navigating the registration process and adhering to renewal requirements, this introduction elucidates the essential steps and considerations involved in securing patent protection within the Republic of Azerbaijan.

Furthermore, in an increasingly interconnected world, the recognition of patent registrations by public authorities in other countries assumes significance. By exploring the mechanisms for international recognition and the implications thereof, this introduction sheds light on the broader implications of patent registration beyond national borders, facilitating cross-border collaboration and innovation.

In essence, the journey towards patent registration in Azerbaijan embodies a symbiotic relationship between innovation, legal protection, and economic prosperity. By embarking on this journey, inventors and innovators not only safeguard their intellectual property but also contribute to the vibrant tapestry of technological advancement and industrial growth within the nation and beyond.

Requirements for obtaining registration of a patent.

?In any field, technical solutions related to products or processes are considered objects of invention. Legal protection is granted to a newly invented object (of a certain level) and applicable in the industry (useful). If an invention repeats a part of the existing body of knowledge, it is considered new. Information known to everyone in the world as of the date of issuance of the patent claim document regarding the invention is included in the existing body of knowledge. When determining the novelty of the invention, both the existing body of knowledge and documents on inventions and utility models filed with the relevant executive authority of the Republic of Azerbaijan and not returned, as well as inventions and utility models patented in the Republic of Azerbaijan, are taken into account.

The types of patentable inventions that ?are eligible for registration.

Technical solutions related to products or methods in any field are considered as objects of invention. Invention, utility models, industrial designs can be patented. The following objects are not considered inventions: discoveries; scientific theories; mathematical methods; the result of artistic construction work (design); methods for organizing and managing business and intellectual activities; rules and methods of games; computer algorithms and programs; methods of presenting information; conditional signs, tables, and rules; equipment (except microorganisms), buildings, land projects, and planning schemes; biological cultivation methods of plants and animals, except microbiological and non-biological methods; topology of integral microcircuits; surgical and therapeutic methods for the treatment of human and animal organisms, methods of diagnosing diseases. A utility models that can be prepared for or utilized in any area of industrial production or entrepreneurship and can be applied in industry is considered. The following are not considered useful models: solutions related to the external appearance of the product and meeting aesthetic requirements; topology of integral schemes. The following objects are not considered industrial design: solutions that condition only the technical function of the product; architectural objects (except for small architectural forms); industrial, hydro-technical, and other stationary installations; printed products; objects with fragile forms made of water, gas, dust, or similar substances.

The body responsible for registering patents is the Invention and Utility Model Expertise Department within the Patent and Trademark Expertise Center under the Intellectual Property Agency of the Republic of Azerbaijan.

Fee

The list of services provided in the field of legal protection of inventions, utility models, industrial design, trademarks and geographical indications and the amounts of fees to be paid to the Intellectual Property Agency of the Republic of Azerbaijan for those services (as amended by the decision of the Cabinet of Ministers No. 198 dated May 19, 2022) are one and or 10 azn for several claim documents.

The time of finalizing the registration.

The institution determined by the relevant executive power body shall carry out a claim on the invention, utility model and industrial design within 1 month from the date of receipt of the claim document. From the date of publication of the information on the claim documents in the "Industrial Property" bulletin, within 2 months after the expiration of the objection period (6 months) to the published claim document, 10 manats for the registration and issuance of the patent, 6 manats for publication subject to the payment of the state fee, the claimed object is registered in the State Register and a patent is granted to the claimant. Information about the patent is published in the "Industrial Property" bulletin within 3 months after the patent is granted. Since the 6-month period provided for in Article 31, Part 1 of the Law of the Republic of Azerbaijan "On Patents" must be waited for filing an objection after the publication of the claim document, the patent cannot be granted earlier than that period.

Can patent transfers or licenses be? recorded?

Unless otherwise provided for in the legislation of the Republic of Azerbaijan, the rights related to any claim document or patent may be alienated in whole or in part in accordance with the procedure provided for by the Civil Code of the Republic of Azerbaijan.

The agreement on the pledge of the patent right is registered on the basis of the rules determined by the relevant executive authority, subject to the payment of the specified fee. the transfer of the claim document or the rights related to the patent to another person regarding the invention, utility model and industrial design is registered in the institution determined by the relevant executive authority. For this, a suitable application form is prepared and attached to it is an agreement on the transfer of Rights to another party or a certified extract from the concluded agreement, on _ sheet; A document confirming the consent of other patent owners for the grant of rights related to the patent (if necessary) Copy of the Patent (Patents); A document confirming the payment of the fee determined for the registration of the contract; A power of attorney (if necessary) is attached.

International Patent Filing Procedures and Territorial Limitations.

When the international claim document is submitted to the institution determined by the relevant executive authority, according to the international agreements to which the Republic of Azerbaijan is a party, within 2 months from the date of receipt of the claim document to the institution determined by the relevant executive authority, the claimant must submit a translation of its formula, summary and description in the Azerbaijani language. Legal or natural persons of the Republic of Azerbaijan may file an international claim document in accordance with the international agreements to which the Republic of Azerbaijan is a party. The institution determined by the relevant executive authority acts as the institution that receives the international claim document issued in accordance with paragraph 2 of this article. Patent rights are territorial in nature. The validity of the patent issued by the Intellectual Property Agency of the Republic of Azerbaijan is also limited to its territory. In general, exclusive rights apply only in a country where a patent application has been filed and a patent is obtained under the law of that country.

Currently, no "universal patent", "world patent" or "international patent" is granted. Regional patent offices such as the European Patent Office (EPO) and African Regional Intellectual Property Organization (ARIPO), Eurasian Patent Organization (EAPO) accept regional claim documents and issue patents. Granted patents have the same legal force in the states that are members of the relevant regional patent organization. If the claimant wants to obtain a patent for his invention in more countries, in this case, he can file an international claim document in accordance with the procedures defined in the Patent Cooperation Treaty (PCT), whose administrative management is performed by WIPO, indicating the countries in which he wants to obtain a patent. Only one claim is filed under the PCT, regardless of the number of countries.

The registration includes an expiration date that requires renewal, and failure to register a patent work may result in consequences.

?The period of validity of the patent in the territory of the Republic of Azerbaijan is determined as follows from the date of submission of the claim document to the institution determined by the relevant executive authority:

for the invention –– 20 years;

for a utility model –– 10 years;

for industrial design –– 10 years.

?If the subject of an invention patent relates to a product or a product manufacturing method that is required to go through administrative procedures as determined by the relevant executive authority, the validity period of the patent is extended up to 5 years based on the petition of the patent owner. The petition is filed while the patent is in force.The term of validity of the industrial design patent is extended for no more than 5 years at the request of the patent owner. The rules for extending the validity period of invention and industrial design patent are determined by the relevant executive authority. The right granted by patent to the method of obtaining a product (product) is directly applicable to other products obtained by this method, and in the absence of evidence to the contrary, the new product is considered to have been obtained by the patented method.

If the patent owner or his successor does not use the invention, utility model and industrial design within 3 years from the date of grant of the patent for no valid reason, does not make serious preparations for use, or stops the use for more than 3 years and refuses to grant a license after the expiration of this period, any legal or a natural person may apply to the court for the granting of a compulsory license for the use of an invention, utility model and industrial design. If the licensee does not use the compulsory license within 2 years from the date of issuance, the patent owner may apply to the court for cancellation of the license in the manner determined by the relevant executive authority.

References:

1.???? Az?rbaycan Respublikas? ?qli Mülkiyy?t Agentliyinin tabeliyind? olan Patent v? ?mt?? Ni?anlar?n?n Ekspertizas? M?rk?zinin ?xtira, faydal? model v? s?naye nümun?sinin ekspertizas? ??b?sinin ?SASNAM?S? (2021- ci il 18 may tarixli P-013 n?mr?li ?mrl? edilmi? d?yi?iklikl?rl?)

2.???? Patentin al?nmas? ü?ün ?riz?nin doldurulmas? v? t?qdim edilm?si Q A Y D A S I. Az?rbaycan Respublikas?n?n ?qli Mülkiyy?t Agentliyinin ?dar? Hey?tinin s?drinin 2020-ci il 1 iyun tarixli 33 n?mr?li ?mri il? t?sdiq edilmi?dir 4 n?mr?li ?lav?

3.???? Patent haqq?nda - AZ?RBAYCAN RESPUBLIKASININ QANUNU

4.???? https://patent.copat.gov.az/slider-slider2

5.???? ?xtiraya dair iddia s?n?di üzr? hüquqlar?n dig?r hüquqi (fiziki) ??xs? verilm?si bar?d? müqavil?

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