1. Information about Patents

2. Patents for inventions

A patent is an exclusive right granted for an invention, which is a product or a process that provides a new way of doing something, or offers a new technical solution to a problem.

Patents are issued for new inventions which contain the invention step i.e. given the previous achievement, the invention has not been accessible by a qualified person in the field of achievement, inclusive of, also the invention must be applicable in industry, including agriculture.

Patents may not be granted for inventions of commercial use which is contrary to public order, morality or public health and people’s life.

Patent protects the invention of a patent owner.

The protection is granted for a limited period, generally for 20 years from the date of filing of the patent application. This term can be extended up to another 5 years for pharmaceutical patents and herbal protected products.

The patent of national applications granted by the GDIP will have legal validity only if, within 10 years from the date of filing, its owner submits to the GDIP an examination report, issued by an institution authorized for the substantive examination of inventions, in otherwise the patent is invalid.

3. What protection does the Patent offer?

Patent protection means that the invention may not be traded, used, or sold without the permission of the patent owner. These patent rights are usually enshrined in court, which in many judicial systems has the legal authority to prohibit the illegal use of patents. However, the court may declare a patent invalid if it is uncontestably claimed by a third party.

4. What rights does a patent owner have?

A patent owner has the right to decide whether to allow or stop others from exploiting use the patented invention for a period in which the invention is protected. The patent owner may grant permission or license to third parties to use the invention when a legal agreement is signed for this purpose. The owner can also sell the invention to someone else. As soon as the patent expires, the invention becomes public. This means that the owner no longer has rights over the invention, which can be exploited by others.

5. Why are patents needed?

Inventions that are not patented can be copied, sold or distributed by anyone. This means that without a patent, inventors may lose the income they would have earned from their invention. If inventions are successful and unpatented and there is a lot of demand to buy them, then there is no reason to stop other companies from selling and profiting from them. Such competition can reduce sales and consequently the profits that the inventor could have from his invention. Also, without a patent, an invention cannot be licensed to an investor, manufacturer, or distributor.

It can also happen that an inventor does not want to show his invention and does not patent it, at the same time another one thinks about the same invention and patents it. Even in this case, the first inventor will have no monetary benefit from his invention.

Patents encourage individuals by offering them the recognition of their creativity and material reward for their inventions. These incentives encourage innovation, which shows that the quality of human life is constantly increasing.

6. What role do patents play in everyday life?

Patented inventions cover virtually every aspect of human life, from electric light (Edison and Sean’s patent) and plastic (Baekeland’s patent) to ballpoint pens (Biro’s patent) or microprocessors (e.g. Intel’s patents).

All patent owners are obliged, in exchange for patent protection, to make public information about their inventions, to enrich the technical know-how in the world.

This increase in public awareness fosters further creativity and innovation in others. In this way, patents provide not only protection for the owner, but also valuable information and inspiration for future generations of inventors and researchers.

7. Are patented inventions protected worldwide?

The granted patents are protected only in the country where they are issued. For example, patents granted in Albania are protected only in Albania and not in other countries. In this case, anyone in other countries can copy, produce, sell and distribute your invention without the need to license it. To be protected the patent holder must apply in all the states to seek protection.

The process of patenting an invention in many states is long and expensive.

Fortunately, in 1970 many countries decided to simplify the process to patent and protect inventions and created the PCT (Patent Cooperation Agreement). Thanks to PCT inventors can file only 1 application for an international patent, which is valid for 120 states, among which one is our state.

Applicants can choose whether they then want to apply for a patent in all of these countries or in some of them.

8. How can we apply for a Patent at GDIP?

The General Directorate of Industrial Property examines the application in compliance to Law no. 9947 dated 07.07.2008.

9. Submission of application

The application to grant a patent is made through the application form submitted by GDIP, which is signed by the applicant or his representative and filed with the GDIP protocol number. The form can also be sent to GDIP by mail or fax from the claimant or his representative. In the case of faxing, the applicant should within one month from the date of faxing, submit to the GDIP the request in its original form, otherwise, the request is considered unsubmitted.

The patent application is filed for a single invention or for a group of inventions, linked in such a way that together they form a single and general inventive concept.

10. The patent application should consist of:

 

a) the form

b) a description of the invention;

c) one or more claims;

ç) patterns, referred to in the description or the claims;

d) an abstract (summary of the invention);

dh) priority document if claimed for priority;

e) authorization of representation when the application is filed by the applicant's representative.

ë) the statement of the inventor or inventors where the applicant expresses his will to be granted the patent.

f) the filing fee payment receipt.

11. Date of application submission

Filed applications are examined according to their ordinal number. GDIP reviews within 3 months from the date of application submission.

The filing date of an application for registration of a patent is the date when the GDIP receives the completed application pursuant to requirements of the law. If the request is not complete, the applicant is notified to complete them within three months from the date of notice. If the applicant does not make the required additions and corrections within the deadline, the request is rejected to be filed.

12. Further examination of the patent application

Within 3 months from the date of issuance of the proof of filing, the GDIP continues the further examination of the patent application.

If during the examination, the application is incomplete, GDIP notifies the applicant to add the missing documents within the deadline set starting from the date of receipt of notice. GDIP has the right to request the applicant to submit additional documents necessary for the examination of his application, in a written form notice and to set a deadline for their submission when it deems necessary. If the applicant does not complete his documentation within the set deadline, the GDIP rejects the patent application and notifies the applicant of the rejection. The applicant may request that the time limit set for completing the documentation be extended to one more month by submitting a written request based on reasonable grounds and against payment of a relevant fee.

At the end of the examination, GDIP decides whether or not to grant a patent and immediately notifies the applicant of the decision taken, as well as the payment fee for the granted patent.

13. Recognition of the patent validity

The patent owner must file within 10 years from the filing date of the patent application, the document through which he/she proves the validity of the invention according to Articles 5, 6, 7, 9 and 10 of Law no. 9947 dated 07.07.2008. The above document must be issued by an international authority recognized by international agreements in the field of patents for the substantive examination of patents. The document must be filed in GDIP, translated into Albanian and notarized.

GDIP examines the document filed by the patent owner if it is according to the provisions of point 4 of Article 28 of Law no. 9947 dated 07.07.2008 and the regulation of the patent. If the document meets the above requirements and the result of the examination on the substance of the invention resulting from this document is positive, the GDIP recognizes the validity of the invention, notifies the applicant and makes the relevant entry in the patent register

Otherwise, GDIP does not take into consideration the document and notifies the patent owner. If the result of the examination in substance is positive only for a part of the claims, the patent is valid only for these claims and the GDIP issues the relevant notification and makes the entry in the patent register.

GDIP publishes in the Industrial Property Bulletin the notice of the decision taken relating the patent.

14. Publication of the patent application

GDIP publishes in the Industrial Property Bulletin any application filed, immediately after the end of a period of 18 months from the date of filing or, where priority is required, starting from the priority date. If the applicant requests in writing, before the expiry of the 18-month period, that the application be published earlier by paying the relevant fee, the GDIP has it published immediately.

GDIP also publishes in the Industrial Property Bulletin every issued patent.

15. Restoration of rights

The applicant or patent owner may request for restoration of the right within one month from the date of receipt of notice of rejection of the patent application or any other application, through a written request and upon the relevant fee.

The patent owner whose patent has been invalidated due to non-payment of the renewal fee within the period provided by law may request for restoration of the patent right at any time, by submitting to GDIP the documents mentioned in the relevant regulation.

When GDIP accepts the request for restoration of right, it notifies in writing the applicant or the patent owner for restoration of the right and the deadline within which he has to fill in the missing document and has it published. The rejection issued by the GDIP is revoked and the examiner follows the procedure pursuant to the Law.

16. Appeals to the Board of Appeals

    1. Within three months from the date of receipt of the notice of rejection of the application, the applicant has the right to appeal the decision of the GDIP. When the request for appeal meets the requirements, the Board of Appeal reviews the request for appeal within three months from the date of its submission and notifies the appellant of the decision taken. The appellant has the right to appeal to the court against the decision of the Board of Appeal, within 30 days from the receipt of notice of the decision of the Board, according to Article 28 point 3 of the Law.
    2. During the review, the Board of Appeal has the right to request the appellant of the decision to submit additional other documents within one month from the date of receipt of notice.
      During the review, the Board of Appeal has the right to request the appellant of the decision to submit additional other documents within one month from the date of receipt of notice. In case the decision of the Board of Appeal is appealed in court, a copy of the final court decision is filed in the patent application file and GDIP rejects the application or issues the patent according to the court decision.

 

2. Post-grant opposition may be filed in the GDIP within nine months from the date of publication of the granted patent

The Board of Appeal of the GDIP reviews the objection to the grant of a patent, within 3 months from the date of its filing. If the opposition does not meet the requirements, the Board of Appeal considers the opposition unsubstantiated and notifies the opponent in writing, otherwise, the Board of Appeal requests the opponent through a written notification to complete the missing information within 30 days from the date of receipt of notice.

When the Board of Appeal accepts the opposition for consideration, it notifies in writing the patent owner against which the opposition has been filed and sends him a copy of the opposition and other documents attached to it. The patent owner has the right, within 3 months from the date of receipt of notice, to file in writing his claims relating to the opposition and any other document in support of his claims.

During the review, the Board of Appeal has the right to request parties, through a written notice, to submit additional materials and other documents within one month from the date of notification.

The Board of Appeal decides on the opposition and notifies the parties in writing. The decision of the Board of Appeal may be appealed in court within 30 days from the date of receipt of the notice.

GDIP reflects the court decision in the patent register, as well as makes the publication in the Industrial Property Bulletin, if revocation of the patent has been decided.

17. Duration and renewal of patent

The renewal of a patent will start from the first year after the patent is issued, for national patents, while for extended European patents, starting from the following year in which the grant of this patent was published. The request for patent renewal consisting of the relevant form and the relevant fee payment document must be filed with the GDIP before the last day of the month containing the filing date, including this day. If the patent renewal application together with the relevant fee payment document is not filed within the aforementioned deadline, they may be filed within 6 months after the last date of the month of the filing date, against payment of an additional fee.

If the owner of a patent does not pay the renewal fee, and the license in favor of a third party is registered in the patent register, the GDIP notifies the licensee that the payment has not been made and that he must pay the fee within six months from the date of receipt of the notice, in order to maintain the validity of the registered license.

If the renewal fee has not been paid within the prescribed period, the patent shall be deemed to have expired on the day the renewal fee was due and the GDIP shall notify the applicant or his authorized representative of the expiry of the patent.

 

Nr. Types of Fees Amount in Albanian Lek
1.1 The fee for patent application filing by students or retirees 7,000
100

 

 

Patent registration procedures for inventions

      • How can we apply for an invention patent at GDIP?

Drejtoria e Pergjithshme e Pronësisë Industriale, ekzaminon aplikimin në përputhje me ligjin nr. 9947 dt. 07.07.2008 mbi Pronësinë Industriale, i ndryshuar.

      • Submission of application

The application for the issuance of a patent is made through the application form of the GDIP, which is signed by the applicant or his representative and filed in the GDIP protocol. The form can also be sent to GDIP by mail or fax, by the claimant or his representative. In the case of faxing, the applicant must within one month from the date of faxing, submit to the GDIP the request in its original form, otherwise, the request is considered unsubmitted.

The patent application is filed for a single invention or for a group of inventions, linked in such a way that together they form a single and general inventive concept.

      • The patent application must contain:
      1. a) the application form;
        b) a description of the invention;
        c) one or more claims;
        ç) patterns, referred to in the description or the claims;
        d) an abstract (summary of the invention);
        dh) the priority document, if claimed for priority;
        e) authorization of representation when the application is filed by the representative of the applicant.
        ë) the statement of the inventor or inventors, in which the will for the issuance of the patent is expressed on behalf of the applicant.
        f) the document of payment of the deposit fee (original).
      • The filing date of an application

Filed applications are examined according to their ordinal number. GDIP reviews within 3 months, from the date of application.

The filing date of an application for registration of a patent is the date when the GDIP receives the completed application according tothe requirements of the law. If the request is not complete, the applicant is notified to complete them within three months from the date of receipt of the notice. If the applicant does not make the required additions and corrections within the deadline, the request is refused to be filed.

      • Further examination of the patent application

Within 3 months from the date of issuance of the proof of filing, the GDIP continues the further examination of the patent application.

If during the examination the application is incomplete, GDIP notifies the applicant to make the additions within the deadline set from the date of receipt of notice. GDIP has the right to request the applicant to submit the necessary additional documents for the examination of the application, through written notice and to set the deadline for their submission when it deems necessary. If the applicant does not complete the deficiencies within the set deadline, the GDIP rejects the patent application and notifies the applicant of its rejection. The applicant may request that the time limit set for completing the documentation be extended to one additional month by submitting a written request, based on reasonable grounds and against the payment of the relevant fees.

At the end of the examination, the GDIP decides whether or not to issue the patent and immediately notifies the applicant of the decision taken, as well as the payment of the fee for the patent.

      • Recognition of patent validity

The patent owner must file within 10 years from the date of filing the patent application, the document by which to prove the validity of the invention according to Article 5, 6, 7, 9 and 10 of Law 9947 dated 07.07.2008 on Industrial Property, as amended.

The above document must be issued by an international authority, recognized by international agreements in the field of patents, for the substantive examination of patents. It must be filed to GDIP translated into Albanian and notarized.

GDIP examines the document filed by the patent owner if it is according tothe provisions of point 4 of article 28 of Law 9947 dated 07.07.2008 on Industrial Property, as amended and patent regulation. If the document meets the above requirements and the result of the examination on the substance of the invention resulting from this document is positive, the GDIP recognizes the validity of the invention, notifies the applicant and makes the relevant entry in the patent register.

Otherwise, GDIP does not consider the document and notifies the patent owner. If the result of the examination in substance is positive only for a part of the claims, the patent is valid only for these claims and GDIP issues the relevant notification by making the entry in the patent register.

GDIP publishes in the Industrial Property Bulletin, the notice of the decision taken regarding the patent.

      • Publication of the patent application

GDIP publishes in the Industrial Property Bulletin any application filed, immediately after the end of a period of 18 months, from the date of filing or, when priority is required, from the priority date. If the applicant requests in writing, before the expiration of the 18 months, that the application is published early and pays the relevant fee, the GDIP publishes it immediately.

Also, GDIP publishes in the Industrial Property Bulletin every patent issued.

      • Restoration of rights

The applicant or the owner of a patent may request the restoration of the right within one month from the date of receipt of the notice of rejection of the patent application, or any other application, through a written request and payment of the relevant fee.

The owner of a patent which has become invalid due to non-payment of the renewal fee within the period provided by law may request the restoration of the right to the patent at any time, by submitting to the GDIP the documents mentioned in the relevant regulation.

In case the GDIP accepts the request for restoration of the right, it notifies in writing the applicant, or the owner of the patent for the restoration of the right and the deadline within which he has to fill in the gaps and publishes it. The refusal issued by the gaps is abrogated and the examiner continues the procedure according to Law 9947 dated. 07.07.2008 on Industrial Property, as amended.

      • Appeals to the Board of Appeals
      1. Brenda një periudhe tre mujore nga data e marrjes së njoftimit për refuzimin e aplikimit,aplikanti ka të drejtë të apelojë vendimin e DPPI
        Kur kërkesa për apelim përmbush kërkesat e parashikuara , bordi i apelimit e shqyrton kërkesën për apelim brenda një periudhe tremujore nga data e paraqitjes së tij dhe njofton apeluesin për vendimin e marrë. Apeluesi ka të drejtë të ankimojë në gjykatë vendimin e bordit të apelimit, brenda 30 ditëve nga marrja njoftim për vendimin e bordit, në përputhje me nenin 28 pika 3 e Ligjit mbi Pronësinë Industriale, i ndryshuar.

During the review, the Board of Appeal has the right to request the appellant of the decision to submit additional other documents within one month from the date of receipt of notice.
During the review, the Board of Appeal has the right to request the appellant of the decision to submit additional other documents within one month from the date of receipt of notice. In case the decision of the Board of Appeal is appealed in court, a copy of the final court decision is filed in the patent application file and GDIP rejects the application or issues the patent according to the court decision.

      1. Opposition to a patent grant may be filed in the GDIP within a period of nine months from the date of publication of the grant of the patent. The Board of Appeal of the GDIP reviews the opposition to the grant of a patent, within 3 months from the date of its filing. In case the opposition does not meet the requirements, the Board of Appeal considers the opposition unfounded and notifies the appellant in writing, otherwise, the Appeals Board requests the appellant through a written notice to fill in the gaps, within 30 days from the date of notification. When the Board of Appeal considers the opposition, it notifies in writing the owner of the patent against which the opposition has been filed and sends him a copy of the opposition and other documents attached to it. The patent owner has the right, within 3 months from the date of notification, to file in writing his claims relating to the opposition and any other document in support of his claims. During the review, the Board of Appeal has the right to request the parties, through a written notice, to submit additional materials and other documents, within one month from the date of notification. The Board of Appeal decides on the opposition and notifies the parties in writing. The decision of the Board of Appeal may be appealed in court within 30 days from the date of receipt of the notice. GDIP reflects the court decision in the patent register, as well as makes the publication in the Industrial Property Bulletin if the revocation of the patent has been decided.
      • Duration and renewal of the patent.

The renewal of the patent will start from the first year after the grant of the patent, for national patents, while for patents with European extension, starting from the following year, in which the grant of this patent was published. The request for patent renewal, consisting of the relevant form and the document of payment of the relevant fee, must be filed in the GDIP before the last day of the month containing the filing date, including this day. If the patent renewal application together with the relevant fee payment document is not filed within the aforementioned deadline, they may be filed within 6 months after the last date of the month of the filing date, against payment of an additional fee. If the owner of a patent does not pay the renewal fee, and the license in favour of a third party is registered in the patent register, the GDIP notifies the licensee that the payment has not been made and that he must pay the fee within six months from the date of receipt of the notice, to maintain the validity of the registered license.

If the owner of a patent does not pay the renewal fee, and the license in favour of a third party is registered in the patent register, the GDIP notifies the licensee that the payment has not been made and that he must pay the fee within six months from the date of receipt of the notice, to maintain the validity of the registered license.

If the renewal fee has not been paid within the prescribed period, the patent shall be deemed to have expired on the day the renewal fee was due and the GDIP shall notify the applicant or his authorized representative of the expiry of the patent.

Utility models

Through the utility model, it is possible to protect a new technical solution, to go beyond the framework of professional ability and be applied in industry. Inventions, scientific theories, mathematical methods, simple external adaptations of products (for aesthetic purposes), plans, laws and methods of exercising intellectual activity, computer programs, information indicators are not considered a technical solution. Protection cannot be granted for technical solutions in conflict with public order, in particular for the moral principles of humanity, as well as for the prevention, diagnosis and treatment of animals and humans, plant and animal varieties and the biological reproduction of materials and production processes or work activities.

Utility models are registered according to the so-called registration principle, where the office registers the respective model in the register without examining the criteria of innovation and creative level, for example, whether it should be protected or not. This is the main achievement that distinguishes utility model from the patent system.

 

Since registering a utility model in the Office provides the opportunity to increase protection, the effects of which fully correspond to that of the patent, the utility model provides the opportunity to seek protection for a solution by being able to register in a faster way that of the patent. This is especially important for objects that are in time to enter the market, while in the event of a relatively long patent application procedure they would remain unprotected.

Without the owner’s approval of the utility model, no one may manufacture or market the protected technical solution. Identical to the case of a patent owner, the owner of a utility model is authorized to obtain approval for the use of the respective utility model (license) to other persons or transfer the utility model to them.

A patent application may be turned, at the written request of the applicant, into a utility model application, as long as the patent has not been granted by the GDIP.

The handling of utility models is the same as the handling of patents. Unlike patents, the protection deadline of a utility model is 10 years from the date of filing the application.

FATURE-2020.docx

 

Register of Authorized Representatives