Patents for inventions and utility models

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

Patents are granted for inventions that are new, contain an inventive step, meaning that, considering the prior art, the invention could not have been conceived by a person skilled in the field of the art it pertains to. Additionally, the invention must be applicable in industry, including agriculture.

A patent cannot be granted for inventions whose commercial use conflicts with public order, morality, or public health and human life.

A patent provides protection to the patent holder for an invention.

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

The patent for national applications granted by the DPPI will have legal validity only if, within 10 years from the filing date, the owner submits to the DPPI an examination report issued by an institution authorized for the essential examination of inventions. Otherwise, the patent will be invalid.

Patent protection means that the invention cannot be commercially used, applied, or sold without the permission of the patent holder. These patent rights are typically enforced in court, which, in many judicial systems, has the legal authority to prohibit the illegal use of patents. However, the court can declare a patent invalid if requested unambiguously by a third party.

The owner of a patent has the right to decide who can or cannot use the patented invention for the period during which the invention is protected. The patent holder can grant permission or license third parties to use the invention by signing a legal agreement for this purpose. The owner can also sell the rights to the invention to someone else. Once the patent's protection period expires, the invention becomes public. This means that the owner no longer has rights over the invention, and it can be used by others.

Unpatented inventions can be copied, sold, or distributed by anyone. This means that without a patent, inventors could lose the revenue they would have earned from their invention. If inventions are successful and unpatented, and there is high demand to purchase them, there is no reason to prevent other companies from selling and profiting from them. Such competition could reduce sales and, consequently, the profits the inventor might have gained from their invention. Additionally, 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 disclose their invention and does not patent it. Meanwhile, another person may come up with the same invention and patent it. In this case, the first inventor would not benefit financially from their invention.

Patents encourage individuals by offering recognition of their creativity and material rewards for their inventions. These incentives promote innovation, which shows that the quality of human life is continuously improving.

Patented inventions are actually related to every aspect of human life, from electric light (Edison and Swan's patent) and plastic (Baekeland's patent) to ballpoint pens (Biro's patent) or microprocessors (patents from Intel, for example).

All patent holders are required, in exchange for patent protection, to make information about their inventions public in order to enrich technical knowledge worldwide.

This increase in public knowledge stimulates 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.

Patents granted are only protected in the country where they were issued. For example, patents granted in Albania are only protected 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 for licensing. To be protected, the patent holder must apply in all the countries where protection is sought.

The process of patenting an invention in multiple countries is a long and expensive process.

Fortunately, in 1970, many countries decided to simplify the process for patenting and protecting inventions and created the PCT (Patent Cooperation Treaty). Thanks to the PCT, inventors can file only one application for an international patent, which is valid in 120 countries, including our own.

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

The General Directorate of Industrial Property examines the application in accordance with Law No. 9947 dated 07.07.2008.

The application for the issuance of a patent is made through the application form provided by the DPPI, which is signed by the applicant or their representative and submitted to the DPPI protocol. The form can also be sent to the DPPI by mail or fax by the applicant or their representative. In the case of sending by fax, the applicant must submit the original form to the DPPI within one month from the fax submission date; otherwise, the application will be considered as not submitted.

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

The patent application must include:

a) the form
b) a description of the invention;
c) one or more claims;
d) drawings, referenced in the description or claims;
d) an abstract (summary of the invention);
e) the priority document if priority is claimed;
f) the authorization for representation when the application is submitted by the applicant's representative.
h) the statement of the inventor(s) expressing the intent for the patent to be issued in the name of the applicant.
i) the payment document for the filing fee.

Applications submitted are examined according to their serial number. The DPPI reviews them within a period of 3 months from the date of application submission.

The filing date of an application for the registration of a patent is the date when the DPPI receives the completed request according to the requirements of the law. If the request is incomplete, the applicant is notified to complete it within a three-month period from the notification date. If the applicant fails to make the required completions and corrections within the deadline, the request is refused to be filed.

Within a period of 3 months from the issuance of the filing receipt, the DPPI continues the further examination of the patent application.

If during the examination the application presents deficiencies, the DPPI notifies the applicant to make the necessary corrections within the deadline specified from the date of the notification. The DPPI has the right to request the applicant to submit additional documents necessary for the examination of the application through a written notice and to set a deadline for their submission when deemed necessary. If the applicant does not address the deficiencies within the set deadline, the DPPI rejects the patent application and notifies the applicant of the rejection. The applicant may request an extension of the deadline for document completion by up to an additional month, by submitting a written request based on reasonable grounds and by paying the applicable fee.

At the conclusion of the examination, the DPPI makes a decision regarding the issuance of the patent and immediately notifies the applicant of the decision, as well as the payment of the fee for the issuance of the patent.

The patent owner must submit, within 10 years from the date of application for the patent, a document proving the validity of the invention in accordance with Articles 5, 6, 7, 9, and 10 of Law no. 9947 dated 07.07.2008. The aforementioned document must be issued by an international authority recognized by international agreements in the field of patents for substantive examination of patents. It must be submitted translated into the Albanian language and notarized.

DPPI examines the document submitted by the patent owner to determine if it complies with the provisions of paragraph 4 of Article 28 of Law no. 9947 dated 07.07.2008 and the patent regulations. If the document meets the aforementioned requirements and the result of the substantive examination of the invention from this document is positive, DPPI recognizes the validity of the invention, notifies the applicant, and makes the corresponding entry in the patent register.

On the other hand, if the document does not meet the requirements, DPPI will not consider it and will notify the patent owner. If the result of the substantive examination is positive for only part of the claims, the patent will be valid only for these claims, and DPPI will issue the corresponding notice and make the relevant entry in the patent register.

DPPI publishes the notice of the decision regarding the patent in the Industrial Property Bulletin.

DPPI publishes in the Industrial Property Bulletin every application filed, immediately after the completion of an 18-month period from the filing date or, when priority is claimed, from the priority date. If the applicant requests in writing, before the completion of the 18-month period, for the application to be published earlier and pays the corresponding fee, DPPI publishes it immediately.

DPPI also publishes in the Industrial Property Bulletin every patent granted.

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

The owner of a patent that has become invalid due to the non-payment of the renewal fee within the deadline specified by the Law may request the restoration of the right to the patent at any time, by submitting the documents mentioned in the relevant regulation to the DPPI.

If the DPPI accepts the request for the restoration of the right, it notifies the applicant or the patent owner in writing about the restoration of the right and the deadline within which they must rectify the deficiencies, and it publishes the decision. The refusal issued by the DPPI is revoked, and the examiner continues the procedure in accordance with the Law.

1. Within a three-month period from the date of receiving the notification of the rejection of the application, the applicant has the right to appeal the DPPI's decision. When the appeal request meets the required conditions, the Appeal Board reviews the appeal within three months from the date of its submission and notifies the appellant of the decision. The appellant has the right to challenge the decision of the Appeal Board in court within 30 days of receiving the notification of the decision, in accordance with Article 28, paragraph 3 of the Law.

2. During the review, the Appeal Board has the right to request the appellant to submit additional materials and documents within one month from the date of notification.
If the decision of the Appeal Board is appealed in court, a copy of the final court decision is deposited in the patent application file, and the DPPI either rejects the application or grants the patent in accordance with the court's decision.

Objections to the granting of a patent may be filed with the DPPI within a nine-month period from the date of publication of the patent grant.

The Appeal Board of the DPPI reviews the objection to the granting of a patent within 3 months from the date of its submission. If the objection does not meet the required conditions, the Appeal Board considers the objection as not filed and notifies the objector in writing. Otherwise, the Appeal Board requests the objector, through a written notice, to rectify the deficiencies within 30 days from the date of the notification.

When the Appeal Board accepts the objection for review, it notifies the patent owner, against whom the objection has been filed, in writing and sends them a copy of the objection and the supporting documents attached to it. The patent owner has the right, within 3 months from the date of the notification, to submit their written claims regarding the objection and any other documents in support of their claims.

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

The Appeal Board makes a decision regarding the objection and notifies the parties in writing. The decision of the Appeal Board may be appealed in court within 30 days from the date of receiving the notification.

The DPPI reflects the court's decision in the patent register and publishes it in the Industrial Property Bulletin if the patent has been revoked.

The renewal of the patent will begin in the first year after the granting of the patent for national patents, while for extended European patents, it will start from the year following the one in which the granting of the patent was published. The request for the renewal of the patent, consisting of the relevant form and the payment document for the applicable fee, must be submitted to the DPPI before the last day of the month that includes the submission date, including that day. If the request for the renewal of the patent, along with the payment document for the applicable fee, is not submitted within the above-mentioned deadline, it may be submitted within a 6-month period after the last day of the submission month, with the payment of an additional fee.

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

If the renewal fee is not paid within the prescribed period, the patent is considered expired on the day the renewal fee was due, and the DPPI notifies the applicant or their authorized representative about the expiration of the patent.