PCT NATIONAL PHASE ENTRY
Azerbaijan

Azerbaijan has been a Contracting Party to the Paris Convention for the Protection of Industrial Property and to the Patent Cooperation Treaty (PCT) since December 25, 1995. In addition, it is a party to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.  Azerbaijan has also been a member of the Eurasian Patent Organization (EAPO) since December 25, 1995. Azerbaijan, emerging as a dynamic center of technological progress and industrial strength, places patent registration at the heart of its innovation ecosystem, safeguarding intellectual property and fueling economic growth. This introduction outlines the key elements of patent registration in Azerbaijan, providing valuable insights into the requirements, procedures, and significance of patent protection within the nation’s legal framework.

The deadline for entering the Azerbaijan national phase of a PCT application according to Chapter I under PCT Article 22(1) is 30 months from the priority date and according to Chapter II under PCT Article 39(1) is 31 months from the priority date.

The official language for proceedings before the Azerbaijani Patent Office is Azerbaijani. If any documents are submitted in a language other than Azerbaijani, a translation into Azerbaijani must be provided within 2 months of entering the Azerbaijani national phase. Additionally, patent claims and the abstract should be translated into Russian.

Azerbaijani legislation is firm in its requirements, allowing no extensions for filing a national phase application beyond the 30-month deadline from the priority date, or the 31-month deadline under PCT Article 39(1)(b). Once these deadlines have passed, no exceptions or late submissions will be accepted.

The necessary documents for filing a national phase application in Azerbaijan include:

Power of Attorney: A signed and stamped Power of Attorney must be submitted within 2 months from the national phase entry date in Azerbaijan. The Power of Attorney should bear a stamp, regardless of whether the applicant is an individual or a legal entity. If the stamp is absent, notarization will be required.

Azerbaijan does not offer any specific fee exemptions for patent applications. Applicants are required to pay the necessary fees as part of the standard filing procedure.

A request for substantive examination must be filed by the applicant within eighteen (18) months from the application’s filing date. During this examination, the invention is assessed for novelty, inventive step, and industrial applicability. Based on the results of the examination, the patent will either be granted or rejected.

However, if no request for substantive examination is submitted within six (6) months from the publication date of the application, and no opposition is filed within that same period, the patent will be automatically granted—under the sole responsibility of the applicant.

The 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 application. After the first annuity has been paid, all subsequent annuities must be paid annually on the anniversary of the filing date. Late payments can be made within a 6-month grace period, subject to an additional surcharge.

In Azerbaijan, a patent is granted a validity period of 20 years, starting from the filing date, offering the holder exclusive rights and protection for two decades. In Azerbaijan, pharmaceutical products can benefit from a patent term extension of up to 5 years through a Supplementary Protection Certificate (SPC). This extension applies to patents covering inventions that necessitate administrative procedures for product manufacturing. Enshrined in Article 10(3) of the Azerbaijan Patent Law, which was enacted in December 2009, this provision enables an extension of up to 5 years for patents related to pharmaceutical products or agrochemicals that require regulatory approval.

Azerbaijan is making remarkable strides globally, securing a solid 95th place out of 133 countries, showcasing its rising influence. Within the elite league of 34 upper-middle-income economies, it proudly stands at an impressive 29th position. The country has also made significant strides in innovation, climbing to 101st place in innovation outputs, a remarkable leap from the previous year, demonstrating its rapidly expanding technological prowess. But the true highlights are Azerbaijan’s outstanding achievements in specific areas, where it shines brightest: a remarkable 51st place in Institutions, a commanding 67th in Business Sophistication, and an impressive 94th in Human Capital and Research. These rankings illustrate Azerbaijan’s rapid ascent as a global force, leading the way in institutional strength, business innovation, and human resource development.

Azerbaijan is a resource-rich country at the crossroads of Eastern Europe and Western Asia, known for its oil and gas reserves, diverse cultural heritage, strategic location along the Caspian Sea, and rapidly developing economy.