The Cabinet of Ministers adopted a resolution on the stimulation of inventive activity in the Republic of Azerbaijan

According to the Resolution No. 439 of the Cabinet of Ministers of the Republic of Azerbaijan dated December 9, 2022, “the Rule of state financing 50% (Fifty) of the expenses paid by the right holders who are citizens of the Republic of Azerbaijan for the patenting of inventions and utility models in foreign countries through the international system of the Patent Cooperation Treaty (PCT) and their maintenance in force for the first three years" was affirmed. The Resolution was adopted in order to provide the implementation of Decree No. 1716 dated June 15, 2022 of the President of the Republic of Azerbaijan "On Stimulation of Inventive Activity".

The purpose of the Resolution is to provide state support for the patenting of inventions and utility models through the PCT system in foreign countries by rights holders who are citizens of Azerbaijan. Thus, according to the said Resolution, 50 (fifty) percent of the costs incurred by the right holder for patenting inventions and utility models within the framework of PCT procedures and keeping the issued patents valid for the first 3 years will be financed by the state.

It should be noted that the Patent Cooperation Treaty (PCT) is an international Treaty in the field of patent law concluded in 1970. The Treaty provides for a uniform procedure for filing patent applications for the protection of inventions in each of the Contracting States. Under the PCT system, applicants can simultaneously obtain protection for an invention or utility model in several countries by filing a single international patent application.

According to the rule, state financing of the costs incurred by the right holder will be carried out after the invention and utility model are patented. That is, funding will not be provided before the patent is issued. The patent owner should submit an application to the Intellectual Property Agency within 2 (two) months from the date of full completion of the procedure for patenting the invention or utility model.

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The following documents should be attached to the application:

• a copy of the identity document of the applicant (or his representative);
• the amount of expenses paid by the right holder (with each expense indicated on a separate line) and documents confirming them;
• List of foreign countries where an invention or utility model has been patented through the PCT international system;
• the list of foreign countries determined to keep the patent valid for the first three years;
• if the applicant is a representative of the right holder, a copy of the power of attorney issued to him;
• bank details of the right holder.

Documents must be submitted in Azerbaijani language.

The application shall be registered on the day it is received by the Agency. The accuracy and completeness of the submitted documents shall be checked by the Agency within 3 (three) working days. The application shall be considered within 30 (thirty) days from the date of its registration at the Agency.

If the Agency identifies deficiencies in the application and the documents attached to it that do not lead to rejection, it shall send a written notification to the right holder's electronic or postal address to eliminate them within 10 (ten) working days. In this case, the application review period shall be suspended. The application review period shall be restored from the date of submission of the required documents and information to the Agency by eliminating the deficiencies.

If the identified deficiencies are not eliminated within 10 working days, the application shall be left unconsidered and a reasoned decision is made on this. Written notification of the decision taken must be sent to the e-mail or postal address of the right holder no later than 3 (three) business days. Applicant shall be entitled to demand the copy of that decision. İn this case, no later than 3 (three) working days, a copy of the decision must be submitted to the applicant or sent to his electronic or postal address.

If the complainant does not agree with the decision, he shall be entitled to file an administrative complaint or appeal to the court within 30 (thirty) days from the date of receiving the relevant written notification.

If the indicated deficiencies are eliminated after the specified period, the right holder may apply again to the Agency for state financing of the costs.

If the requirements specified in the Rule for patenting an invention or utility model in foreign countries and keeping the patent valid for the first three years are not met, if there is distorted information in the application and the documents attached to it, or if the documents are not fully submitted, the Agency shall make a decision to refuse state financing of the costs. A written notification of the adopted decision shall be sent to the applicant's electronic or postal address.

If the applicant is not satisfied with the decision, he shall be entitled to file an administrative appeal or appeal to the court within 30 (thirty) days from the date of receiving the relevant written notification.

When a decision is made to finance the costs by the state, the costs incurred for patenting the invention and utility model and maintaining them in force for the first three years shall be transferred by the Agency to the bank account of the right holder. The amount of expenses incurred by the patent owner shall be calculated according to the exchange rate determined by the Central Bank of the Republic of Azerbaijan on the day of payment of funds.

Interested parties may contact the Intellectual Property Agency at 960 - "Call Center" to get more detailed information.