PCT NATIONAL PHASE ENTRY
Albania

Albania has been a Contracting Party to the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT) since October 04, 1995. Furthermore, the country is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Purposes and the Patent Law Treaty (PLT). Additionally, Albania is a member of the European Patent Organization (EPO).

Albania's patent law history began in 1994 with the codification of intellectual property law, setting the foundation for its continued development. Since then, Albania has made significant progress, becoming a member of several key international organizations and aligning its legislation with EU standards. The country is a signatory to the Madrid Trademark Agreement and the European Patent Convention, providing protection through International Registration (IR) trademarks and the validation of European patents. Since 2014, Albania has made amendments to its industrial property law to enhance enforcement and ensure greater alignment with EU regulations. Albania has been a member of the European Patent Organization (EPO) since May 01, 2010, enabling the validation of European patent applications and patents. Additionally, Albania has been a member of the World Intellectual Property Organization (WIPO) since 1992.

A national phase application in Albania based on a PCT application must be filed within 31 months from the priority date of the international application.

The language for filing a PCT national phase application in Albania must be either Albanian or English.

In Albania, there is no provision for an extension to file a late patent application.

Power of Attorney:  A notarized Power of Attorney should be submitted within three months of receiving notification from the Albanian Patents and Trademarks Office regarding missing documents.

Priority Document: If priority is claimed, the priority document must be submitted within three months from the national phase filing date.

There is no exemption available for patent applications in Albania.

The Office does not perform a substantive examination. A patent granted by the Office will only take legal effect if the patent holder submits, within ten years from the filing date, written evidence demonstrating the patentability of the invention. Such evidence may derive from a substantive examination conducted by the European Patent Office, another national authority designated as an International Preliminary Examining Authority under Article 32 of the PCT, or a national office that has an agreement with the Albanian General Directorate of Industrial Property.

In order to maintain a patent in force in Albania, annual renewal fees must be paid prior to the end of the protection year to which they relate. If payment is not made within this timeframe, it may still be completed within six months following the expiry of the protection period, subject to a 50% surcharge. Alternatively, payment may be made within an additional two-month period after the end of the six-month grace period, accompanied by a 100% surcharge. Accordingly, the total allowable grace period for late payment amounts to eight months.

A standard patent remains valid for 20 years, whereas a consensual patent is effective for 10 years from the application’s filing date. For pharmaceutical inventions, the patent term may be extended by up to five additional years after the original expiration date, through what is known as a Certificate of Additional Protection.

In the 2024 Global Innovation Index (GII), Albania proudly ranks 84th out of 133 economies, with an impressive score of 24.5, placing it 38th out of 39 European economies. Within the 34 upper-middle-income countries, Albania stands at a remarkable 25th position. The country has demonstrated exceptional strength in key innovation areas, particularly Infrastructure (31st), Institutions (60th), and Business Sophistication (64th). This year, Albania has made notable strides, advancing to 66th place in innovation inputs—an impressive improvement from the previous year, showcasing its growing commitment to innovation and development.

Albania is known for its rich history, diverse landscapes, and Mediterranean climate, Albania has made significant progress since transitioning from a communist regime in the early 1990s to a parliamentary democracy. The country is a member of NATO and a candidate for European Union membership. Its economy is developing, with key sectors including agriculture, tourism, energy, and mining. Albania also boasts a unique cultural heritage influenced by Illyrian, Roman, Byzantine, and Ottoman civilizations.