New Rules on Patent and Industrial Design Extension in Azerbaijan

In order to implement the provisions of the Law amending the Law on Patents from December 21, 2009, the Cabinet of Ministers of Azerbaijan on April 12, 2010 approved the Rules on the extension of validity of patents and industrial designs.

The rules provide that the 20-year protection period for patents in the areas of pharmacology and agrochemistry can be extended for an additional period of up to five years if certain conditions are met. Namely, if a patent relates to a product or a method of manufacturing production, which requires obtaining an administrative authorization in accordance with the current legislation, the validity of a patent may be extended upon request of the patentee. In this case, patent validity may be extended for the period for which the administrative authorization is granted, provided that such period does not exceed five years.

In order to extend patent validity, the rights holder or his authorized representative is required to submit an application form, a copy of the document certifying the term (administrative authorization) and a Power of Attorney (if required).

With respect to industrial designs, the 10-year term of validity can also be extended for five additional years. For extension of industrial designs validity, the following documents should be submitted: an application for extension and the corresponding Power of Attorney (if required).

The new Rules also regulate the requirements regarding the payment of official fees.

For more information, please contact Elena Zubenko at our Belgium Office.

Source: Azerbaijan PTO; PETOSEVIC