PCT Applicant's Guide Albania EQE - Valid as from 31 Oct 2024

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: General Directorate of Industrial Property (GDIP) (Albania)

APL: Albanian Industrial Property Law No. 9947 dated 7 July 2008, as amended by Law No. 17/2017 dated 16 February 2017

List of currencies used in this document:

ALL (Albanian lek), CHF (Swiss franc)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Albania

Two-letter code:

Name of Office:

General Directorate of Industrial Property (GDIP) (Albania)

Location:

Bulevardi “Zhan D’Ark”
Prona Nr. 33
Shtëpia e Ushtarakëve
Tirana
Albania

Mailing address:

Same as above

Telephone:

(355-42) 234 412

E-mail:

mailinf@dppm.gov.al

Website:

http://www.dppm.gov.al

Facsimile:

(355-42) 234 412

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by facsimile

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes, within one month from the date of the transmission

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is:

DHL,

TNT

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

AL,

EP,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

National protection: AL

European patent: EP

Types of protection available via the PCT:

National:

Patents,

Utility models

European:

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

Where the designation is made for the purposes of a national patent:

Any international application designating Albania which has been published under PCT Article 21 shall give rise to the same rights as those which the Albanian law provides for the compulsory national publication of unexamined national applications as such. Provisional protection shall be effective as from the date on which an Albanian translation of the claims of the international application is published by the Office (Art. 27, Albanian Industrial Property Law).

Where the designation is made for the purposes of a European patent and:

(1) the international application is published in one of the EPO official languages: the applicant has the right to seek compensation reasonable in the circumstances for any infringement, on condition that any national requirements relating to the translation of the claims in the application have been met (refer to Articles 67 and 153(4) EPC); or

For further details on the national law relating to the EPC refer to http://www.epo.org/patents/law/legal-texts/national-law-epc.html in particular, “Rights conferred by a European patent application after publication pursuant to Article 93 EPC (Article 67 EPC)” and “Translations for obtaining provisional protection”.

(2) the international application is published in a language which is not an EPO official language: the protection referred to in (1) does not become effective until the EPO publishes the international application supplied to it in one of its official languages (refer to Article 153(4) EPC and Article 82(1), Albanian Industrial Property Law).

Information of interest if this Contracting State is designated (or elected)

For national protection

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiration of the time limit under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit of three months from the date of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

For a European patent

Refer to Annex B(EP)

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Albania

Language in which international applications may be filed:

Albanian,

English

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to Official Notices (PCT Gazette) dated 11 August 2022, pages 217 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies the “due care” criterion to such requests

Competent International Searching Authority:

Competent International Preliminary Examining Authority:

Fees payable to the RO:

Transmittal fee:

9,000 ALL

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(EP)

Fee for priority document (PCT Rule 17.1(b)):

3,000 ALL

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

7,000 ALL

Is an agent required by the receiving Office?

No, if the applicant resides in Albania or if the applicant is a legal entity established under Albanian law

Yes, in all other cases

Who can act as agent?

Any patent agent registered to practice before the Office

Waiver of power of attorney:

Has the Office waived the requirement that a separate power of attorney be submitted?

Refer to the Office

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Refer to the Office

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

At the time of filing (as part of the application)

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

To the extent available to the applicant, relevant information on the characteristics of the microorganism

Additional information

Deposits may also be made for the purposes of patent procedure before the General Directorate of Industrial Property (GDIP) (Albania) with any depositary institution specialized for that purpose.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Albanian

Required contents of the translation for entry into the national phase:

Under PCT Article 22: Claims (if amended, as amended only)
Under PCT Article 39(1): Claims (if amended, only as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Patents

Filing fee

7,000 ALL

Utility models

Filing fee

6,000 ALL

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of the invitation.

Appointment of an agent if the applicant does not reside in Albania or is not a legal entity established under Albanian law

Name of the inventor if this has not been indicated in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

If someone, other than the inventor, applies for a patent, the application shall contain a declaration indicating the applicant’s right to the invention

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Any document relating to any transfer or assignment of the right to the application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Who can act as agent?

Any patent agent registered to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies the “due care” criterion to such requests

The procedure in the national Phase

AL.01 TRANSLATION (CORRECTION)

Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

AL.02 TRANSLATION OF PRIORITY DOCUMENT

APL Art. 18(2), PCT Rule 51bis1(e)
The Office will invite the applicant to furnish a translation into Albanian of the priority document but only if there is any doubt concerning the validity of the priority claim and that document is in a language other than Albanian, English, French, German, Italian, Russian or Spanish.

AL.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this chapter is outlined in Annex AL.I.

AL.04 POWER OF ATTORNEY

APL Art. 195
An agent must be appointed by filing a power of attorney. A model is given in Annex AL.II.

AL.05 EXAMINATION

APL Art. 28
The Office does not examine national patent applications as to substance. In order for the granted patent to have legal effect, the applicant must, within ten years of the date of entry into the national phase, file an examination report prepared by an authorized examining authority.

AL.06 AMENDMENT AND CORRECTION OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41
Until grant the applicant has the right, on his own initiative, to make amendments and/or corrections to the application provided that the scope of the application as filed is not broadened thereby.

AL.07 ANNUAL FEES

APL Art. 41
The maintenance of the application is subject to the payment of annual fees which are due each year on the anniversary of the international filing date, starting from the first year after the grant of the patent, except where the time limit under PCT Article 22 or 39(1) expires later, in which case the latter time limit applies. Annual fees not paid within the applicable time limit may still be paid within six months from the expiration of that time limit against payment of an additional fee (refer to Annex AL.I). This time period may be extended by two months by paying an additional fee to postpone the renewal deadline. If the renewal fee has not been paid within the applicable time limit, the Office, within two months from the end of the six-month deadline, notifies the applicant that he/she may postpone the six-month deadline by another two months. Notifications are made only to addresses in Albania.

AL.08 CONVERSION OF PATENT APPLICATION INTO UTILITY MODEL APPLICATION

APL Art. 91
Upon written request by the applicant, a patent application can be converted into an application for utility model at any time up to the grant of the patent.

AL.09 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, APL Art. 28(3), APL Art. 193
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. If, upon review under PCT Article 25, the Office denies an error or omission on the part of the receiving Office or the International Bureau, an appeal against this decision may be lodged within three months from the date of the decision with the Board of Appeals upon payment of a fee. A decision of the Board of Appeals may be appealed within 30 days to the Albanian courts.

AL.10

APL Art. 34
Continued processing may be requested where the applicant has failed to observe a time limit fixed by the Office and that failure results in a loss of rights conferred by a patent application or a patent. The Office shall authorize continued processing if the applicant files a request and performs all the omitted acts within the prescribed time limit. Continued processing may not be requested for the reinstatement of the right of priority.

AL.11

APL Art. 35
Reinstatement of rights may be requested where the applicant, in spite of all due care required by the circumstances, failed to observe a time limit set by the Office, which results in a loss of rights. If the request is granted, the legal consequences of the failure to observe the time limit shall be deemed not to have ensued.

AL.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where during the international phase or before the Office the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office upon request by the applicant and where justified.

Annexes

Annex AL.I - Fees

Patents

Filing fee:

7,000 ALL

Fee for grant:

6,000 ALL

Annual fees:

— for the 2^nd year:

5,000 ALL

— for the 3^rd year:

6,000 ALL

— for the 4^th year:

8,000 ALL

— for the 5^th year:

10,000 ALL

— for the 6^th year:

12,000 ALL

— for the 7^th year:

14,000 ALL

— for the 8^th year:

18,000 ALL

— for the 9^th year:

20,000 ALL

— for the 10^th year:

25,000 ALL

— for the 11^th year:

27,000 ALL

— for the 12^th year:

30,000 ALL

— for the 13^th year:

35,000 ALL

— for the 14^th year:

40,000 ALL

— for the 15^th year:

45,000 ALL

— for the 16^th year:

50,000 ALL

— for the 17^th year:

55,000 ALL

— for the 18^th year:

60,000 ALL

— for the 19^th year:

65,000 ALL

— for the 20^th year:

70,000 ALL

Fee for late payment of the annual fee:

— within six months from the expiration of the time limit:

50% of the applicable annual fee

— within two months from the end of the six-month deadline:

100% of the applicable annual fee

Fee for reinstatement of rights:

7,000 ALL

Fee for restoration of the right of priority:

7,000 ALL

Utility models

Filing fee:

6,000 ALL

Fee for grant:

6,000 ALL

How can payment of fees be effected?

All fees must be paid in Albanian leks, in cash, by money order or check. All payments must indicate the application number (national, if already known; international, if the national number is not yet known), the name of the applicant and the category of fee being paid. Any payment by money order or check must be made to the account of the Office at the Banka Kombetare Tregtare.

Beneficiary’s name: Drejtoria e Përgjithshme e Pronësisë Industriale
Bank name: Banka Kombetare Tregtare
Bank Account No.: 515003225CLPBCLALLZQ
Bank Address: Shkolla Baletit, Tirana, Albania
BIC/SWIFT code: NCBAALTXXXX

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex AL.II - Power of attorney

Processing

AL - Albania
General Directorate of Industrial Property (GDIP) (Albania)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

Annex L - Deposits of Microorganisms and Other Biological Material

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

AL - Albania General Directorate of Industrial Property (GDIP) (Albania)

Error Information Warning Confirmation

AL - Albania
General Directorate of Industrial Property (GDIP) (Albania)