General requirements for IPP in Azerbaijan
General information, documents and information required for registration of
Patents, Trademarks in Azerbaijan is as under:
PATENTS:
General Information on Patent Filing and Registration in Azerbaijan.
Once application for grant of patent is filed, it is examined with respect to
compliance with formalities and patentability provided under Patent Law,
including novelty, inventiveness and industrial application. Period of Validity
of patent – 20 years. Patents are granted: as ordinary patent, which is dated
as of official date of application for patent and patent claiming "priority"
which is dated as of official date of corresponding application for patent first made in country which is member of WTO.
Patents Filing Requirements:
- Power of Attorney signed by Applicant(s) (without legalization)
- Specification and claims (three copies on pages of A-4 size)
- Three copies of drawings,
(sheet of drawings should be in A-4 size)/photo/scheme
- The applicant s/inventors name , citizenship and address
- Payment order for official fees.
In case of priority application, certified copy of basic specification
should be filed along with application in Azerbaijan or be filed
within two months from date of filing of Azerbaijan Application.
Attention: Translation of description and patent claims in Azerbaijani language or application date retention should be introduced for expertise during 2 months from filling day.
Trademarks Filing Requirements:
-15 prints or labels (8x8) and electrotype, which may be prepared locally.
For word marks labels are not required.
- List of goods or services and class or classes according to
International Classification of Goods and Services
- Full name, address, nationality of Applicant(s).
If priority for trademark is being claimed under the Paris Convention,
certified copy of priority application should be filed along with the
application in Azerbaijan. Priority can be claimed in Azerbaijan under
Paris Convention within six months from date of the earliest application
filed in Paris Convention member country.Geographical ndication
(or designation of place of origin of good is indication which identifies
good having given qualities conditioned by natural circumstances of place
of production.
Translation of list of goods and services in Azerbaijan and Russian languages should be introduced for expertise during 2 months from filling day.
The invention – is considered to be product of human intellectual activity in sphere of technology. An invention meets the requirements of patentability if it is new, involves an inventive step and has industrial applicability.
The following subject matters of an invention shall be patentable:
- product (substance, strain of microorganism, cell culture of plant and animal);
- apparatus;
- process;
- new application of known process;
- plant varieties and animal;
- an integrated microcircuit topography;
- styling results.
The following subject matters of an invention shall not be patentable :
- scientific theories;
- mathematical methods;
- game directives and methods;
- surgical and therapeutic treatment methods of humans and animals diseases;
- diagnostic technique;
- organization, management techniques of economical and intellectual activity;
- information presentation methods;
- designs and layouts of constructions, territories planification.
Patent of invention shall be valid for 20 years from the date of filing with Patent Office
(duration prolongation over this term is not provided).
An international patent application , for which the international filing data has been stated (art 11 Treaty(895-001) and which comprises the designation or select ion of AZ are to be entertained under national procedure provided that it had been filed with Patent Department of AZ not later than 21 months ? and in the case of international preliminary examination had been executed – not later than 31 months from the priority date .The examination of an international patent application is proceeded on base of all documents and payment order within 31 months from priority date. After the expiry of 18 months from the filing date or from the priority date of an application for the granting of a patent on the invention , the Patent Office publishes an information about said application in the Official Bulletin on the assumption of it is not withdrawn and upon it there is no rejection of patent.
The industrial design –is considered to be result of human s activity in a sphere of industrial designs.
Industrial design is patentable if it is new and has industrial applicability.
As a subject matter of an industrial design deemed may be:
- form;
- image or coloration or combination thereof defining appearance
of article and destined to met esthetic and ergonomic demands.
Following subject matters of industrial design shall not be patentable:
- architectural objects (except minor architectural forms);
- industrial, hydraulic and other stationary facilities;
- printed output;
- nonpersistent objects from liquid, fluid, bulk and similar substances.
Patent of industrial design shall come into effect for 10 years from date of filing
with Patent Office and shall be renewable for term of no more than 5 years.
The utility model –is considered to be product of human activity in sphere of technology.
Utility model meets the requirements of patentability if it is novel and has industrial
applicability. Application for the granting of patent shall undergo the formal examination only.
The following subject matters of industrial design shall not be patentable:
- method;
- substance;
- microorganism strain;
- scientific theories;
- mathematical methods;
- game directives and methods;
- surgical and therapeutic treatment methods of humans and animals;
- diseases diagnostic technique;
- organization, management techniques of economical and intellectual activity;
- information presentation methods;
- designs and layouts of constructions, territories planification.
Patent of utility model shall be valid for 10 years from date of filing with Patent Office and shall be renewable for term of no more than 5 years.
Application for granting of patent shall undergo the formal examination only.
The trademark in Azerbaijan is registered for ten years and is renewable for term of ten years each.
The application for registration of trademark may be filing for multi class Trademark
Trademark is any sing of distinguishing the goods or services of one juridical person from those
of other juridical person, including :
-words;
-figurative elements;
-combinations signs;
-three-dimensional and other signs.
May be combinations of in any figures or any combination of colors.
Property right for mark certifies by certificate.
Certificate shall be valid for10 years.
Geographical indication(or designation of place of origin of good) is indication which identifies a good having given qualities conditioned by natural circumstances of place of production.
Substantive examination is conducted by Patent Office without request of applicant.
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