Albania

REQUIREMENTS FOR FILING THE NEW APPLICATION

For Patent, Trademark & Design application:

Name and address of the Applicant(s)
The name and address of the inventor(s)
When claiming priority, the country, date and application number of the priority application (the original Priority document which can be submitted subsequently within three months as from the Application date along with certified translation into local language. This term cannot be extended.
One single, simply signed Power of Attorney (PoA) for each individual client (not for each case) is require, but not necessary at the time of filing (PoA can be submitted subsequently within 30 days as from the date of receipt of the Official Invitation from the Office. This term can be extended).

Plus for Trademark application

Wording or representation of the trademark
List of goods and services, if possible according to Nice Classification 8th edition (Classes 1 - 45)

Plus for Patent Application:

One set of application documents including description, claims, drawings (if any);
The document showing the assignment of rights from the Inventors in favor of the Applicant, simply signed by the Inventors – can be submitted subsequently, within 30 days as from the receipt of the official invitation. This term can be extended.

Plus for the Design Application

Name and address of the author or notice that the author chooses not to be mentioned in the application
Information regarding the number of external shapes the protection is requested for
Full and short title of the industrial design, if available according to the Locarno Classification
Representation of the design (drawing or photograph)
Title of design, if available according to the Locarno Classification

Other IP information

TRADE MARKS

Registration Procedure

The registration procedure takes one year as from the application date.
The Decisions on grant are published
The Decisions on refusal can be appealed within two months as from the receipt of refusal.

Duration:

Upon payment of ten years protection fees, the Trademark is valid for 10 years as from the application date
Upon payment of renewal fees the Trademark will be extended for a further 10 years. The renewal fees can be paid during the last year of the previous ten years protection period or up to six months after the expiration date with a fine of 50% of the renewal fees.

PATENTS

National Patent Application

The Application is to be filed within 12 months as from the priority date
Translation of description, claims and abstract into Albanian language, can be filed subsequently

PCT - National Phase Patent Application:

The Application is to be filed with the Office within 30 months as from the Priority Application date.

Extension of European patents

The Agreement between EPO and Albania entered into force on 2004 and is valid in Albania.
Please provide us with copy of publication of granted EP Patent
Claims of published EP have to be translated into Albanian

Registration Procedure

Application is to be published within 18 months as from the application date or as from the priority date;
Upon publication of Patent Application, the Decision on grant is to be issued and the publication date shall be considered as grant date
The interested parties can file an objection to the issuance of the Decision on grant with the Board of Appeal of the Directorate for Patents and Trademarks within nine months as from the issuance of the Decision on grant. Response to the objections can be filed by the Applicant within three months. This term can be extended for an additional month

Duration of granted Patents

20 years as from the application date for conventional Patents
20 years as from the International filing date for the National phase of PCT patents
20 years as from the date of filing the European Patent Application for the EP
Protection fees are to be paid annually, prior to expiration of the year for which the protection fees have been paid or six months after expiration of the protection period at the latest with, 50% fine
Duration of patent for the inventions that have to do with pharmaceutical products may be extended for an additional time period of up to five years

DESIGNS

Registration Procedure

If all the requirements are met, the Albanian IPO will issue the Decision on grant of Industrial Design, and the Decision is to be published in the Official Gazette
The fees for the first five years of protection are payable once for five years period. From 6th to 15th year the fees are payable annually

Duration

15 years as from the Application maximum. The Design is renewable each five years

Recording changes in the Register (Patents, Trademarks, Designs)

Requirements for recordal of Assignment of rights

Power of Attorney simply signed by the Assignor
Power of Attorney simply signed by the Assignee
Assignment document signed by the Assignor and the Assignee. Document must be legalized by the Apostille or notarized by Notary Public

Requirements for recordal of Change of name

Power of Attorney indicating the new name, simply signed by a representative of the Company;
Extract from the Company Registers showing the change of name or Statement of the Secretary of State showing the change of name

Requirements for recordal Change of address

Power of Attorney indicating the new address, simply signed by a representative of the Company