Summary

The procedure of registration of the patent for utility model as follow:

Within a month since a filing date the preliminary examination is effected, on completion of which a notification about acceptance of the application on consideration is issued. Then the examination on novelty and industrial applicability is effected. The examination on novelty is effected among the patents for utility model issued in Azerbaijan and the applications for utility model filed in Azerbaijan. In case of favorable decision of the examination not later than 12 months since a filing date, information of the application is published in the official bulletin.

Within 6 months since a publication date in the official bulletin any legal entity or individual may submit an argued objection to the Appeal Commission.

Within 2 months since expiration date for submission of objections regarding the published application, registration of utility model is effected and the patent is issued as well as information about the patent is published.

Please note that only by the applicant's petition, within 18 months since a filing date examination of the application in essence may be carried out. In this case the applicant should submit an international search report.

USEFUL MODEL

1. Term of Patent's validity for an useful model in the Azerbaijan - 10 years from date of application's filing in PTO of Azerbaijan.

The Patent for an useful model can be obtained only for device (devices, mechanisms, instruments or its part), and also for use of known device for a new purpose.

2. Payment of annuities for issued Patent begins since 3-rd year. In case, if next term of payment was skipped, that it can be restored only during 12 months.

3. Normal time from filing of application to reception of the patent - 20-30 months. At use of accelerated publication by request of applicant, term will reduce up to 10-12 months. We will provide you a possibility to obtain the patent in a shortest term.

4. An application for the useful model can be reorganized in application for invention.

5. The application is executed and filed in PTO of Azerbaijan in Azerbaijan language. The application also can be filed in other language with the enclosed translation into Azerbaijan language.

Requirements

For filing an application for utility model the following data and documents are necessary:

-          Surname, name and patronymic of authors of utility model and their residence;

-          Name of a legal person and its address or a natural person(s) and his (their) residence, in the name of whom a patent is claimed.;

-          Description of utility model analogues;

-          Description of utility model;

-          Formula of utility model;

-          Abstract;

-          Drawings and other materials, if they are necessary for understanding of utility model essence;

-          Power of Attorney (a signature of the authorized person should be certified by a corporate seal or notarially).

The patent for utility model is valid within 10 years since a filing date and cannot be renewed subsequently. According to the existing legislation, since the 3rd year of the patent validity an annuity should be paid for maintenance of the patent in force.

For filing of application for the useful model are required:

·         information about authors (surname, name and patronymic, address);

·         information about applicant (name of legal person or name of physical person, address);

·         description of the useful model, claim, drafts, abstract;

·         Power of Attorney (legalization is not required).

·         ·         ·        

The documents can be presented in any language, but for unusual languages it is desirable to have a translation into Russian and/or English language.