REPUBLIC OF ALBANIA  
Council of Ministers  
 
DECISION  
 
No.1707, dated 29.12.2008  
 
FOR SOME CHANGES AND ADDITIONS TO DECISION NO.1707, DATE D 
29.12.2008, OF COUNCIL OF MINISTERS, “ON APPROV AL OF  
REGULATION “ON ISSUANCE OF PATENTS FOR INVENTIONS AND  
UTILITY  MODELS”, AMENDED  
 
Amended by DCM:  
 
No. 38, dated 21.1.2015  
 
 
Pursuant to Article 100 of the Constitution and Articles 11, 17, 18, 20, 26, 29 -
31, 34, 35, 49, 50, 70, 75, 87, letters "a" -gj ", 97, 99 and 202 of law no. 9947 dated 
07.07.2008 "On Industrial Property", on the proposal of the Minister of Economy, 
Trade and Energy, the Council of Ministers  
 
DECIDED:  
 
1. Approval of regulation "On issuance of Patents for Inventions and Utility 
Models" according to the text attached to this decision.  
 
2. The General Dir ectorate of Patents and Trademarks is in charge of the 
implementation of this decision.  
 
3. Order no. 4, dated 08.12.1994 of the Science and Technology Committee  
 
"Rules  on Patents , Utility  Models  and Industrial Designs" is repealed.  
This decision shall ente r into effect  upon  its publication in the Official Gazette.  
 
  
PRIME  MINISTER  
      Sali BerishaREGULATION  
"ON ISSU ANCE  PATENTS FOR INVENTIONS AND UTILITY MODELS"  
 
 
 
 
CHAPTER I  
GENERAL PROVISIONS  
 
(In letter "ç", point 2.1, the words "... international ex hibition ..." are replaced by "... 
official or officially recognized  international exhibition ..." 
 
In letter "ç", point 2.1, the words "... international exhibition ..." are replaced with "... 
official or officially recognized international exhibition...".  
 
b) In letter "e", point 2.1, and elsewhere in the text, after the words "... law no. 9947, 
dated 7.7.2008," On industrial property ", is added" ..., amended by law no. 55/2014,... 
". 
 
c) After the letter "g", point 2.1, the letter "gj" is added, with the follo wing content:  
 
"gj) A  "valid European patent "is the European patent granted by the EPO based on  
the European patent application, filed after May 1, 2010, for which validity has been 
requested in Albania." through  DCM no.38, date 21.1.2015)  
 
 
1. Purpose  
1.1 This regulation aims to define the rules and procedures regarding:  
 
a) issuance of  patents for inventions and utility models ; 
b) renewal of patents for inventions and utility models ; 
 
c) issuance of supplementary  protection certificates for pharmaceutical product s and 
plant protection products;  
 
ç) other changes in the patent register.  
 In the letter "a", of point 2.1, of Chapter II, "Filing a national patent application", the 
expression "... FP1 form ..." is replaced with the words "... the request  for the grant o f a 
patent ... " through  DCM  no.38, dated 21.1.2015.)  
 
2. Definitions  
2.1. Pursuant to this regulation, the following terms have this meaning:  
 
a) "PCT" is the Patent Cooperation Treaty, adopted in Washington on  19.6.1970, with all  
subsequent changes.  
 
b) The Eur opean Patent Convention (EPC) is the European patent convention adopted 
on 5 October 1973 despite subsequent amendments.  
 
c) The "Paris Convention" is the “Convention for the Protection of Industrial 
Property ”, adopted in Paris on 20 March  1883, with all subs equent amendments. 
ç) The official or officially recognized international exhibition is the exhibition or fair 
in the sense  used in the convention "On international exhibitions", adopted  in Paris on 
November 22nd, 1928, with all subsequent amendments.  
 
d) "European patent application", is the application for a patent filed under  the 
European Patent Convention (EPC), as well as the international application filed under 
the Patent Cooperation Treaty ( PCT), for which the European Patent Office (EPO)  acts 
as a de signated or elected Office, applications in which Albania is designated;  
 
dh) “ extended European patent” is the European patent granted by ZEP based on the 
European patent application, for which extension in Albania has been requested;  
 
e) "National patent ap plication" is a patent application filed at the GDPT  under  law no. 
9947 dated 07.07.2008 "On Industrial Property" amended by law no. 55/2014;  
 
ë) “National patent” is a patent granted based on  a national patent application.  
 
f) "International application" is a patent application filed under the PCT including the 
regulations issued upon  it. 
 
g) "Law" is Law no. 9947 dated 07.07.2008 "On Industrial Property" amended by law 
no. 55/2014.  
 
gj) "Valid European patent" is the European patent granted by EPO  based on the 
European patent application filed after May 1, 2010, for which validity has been 
requested in Albania.  
 
3. General principles  
 
3.1 GDPT reviews the submitted applications and issues notices and other acts under  
the provisions of Law no. 9947 dated 07.07.20 08 "On Industrial Property" amended by 
law no. 55/2014 and this regulation.  
 
3.2 GDPT actions related to these applications are based exclusively on written 
documents. Requests and any other type of document s filed  to GDPT must be in 
Albanian  language  and hard copy . 
 
 3.3 GDPT creates and administers the electronic database where all actions performed  
relating patents are stored . 
 
3.4 GDPT shall register in the patent register the authorized representative who has 
been appointed as a representative by the a pplicant or the patent owner by means of a 
general authorization  letter , which gives the representative the right to represent the 
applicant or the patent owner in all proceedings , provided by Law no. 9947 dated 
07.07.2008 “On Industrial Property” amended by law no. 55/2014, and by this 
regulation, which include s the procedures for issuing a patent and subsequent changes 
in the patent register.  
 
3.5 Applications submitted to the GDPT by an authorized representative registered as a 
representative in the pate nt register for a particular patent is not necessary to have  a 
letter of authorization for representation . When the applicant or the owner of a patent 
has revoked the letter of authorization for representation  registered with the GDPT, he 
must file at the GDPT the authorization for the new representative, who is registered in 
the patent register according to the provisions of point 3.4 of this Chapter.4. Types of applications  
4.1 The types of applications that can be filed at GDPT regarding patents are:  
 
a) Request for a patent  through  FP1 form (Annex 1 of the regulation)  
 
b) Request  for patent renewal through  FP2 form (Annex 1 of the regulation).  
 
c) Request for t ransfer of ownership over the patent through FP3 form (Annex 1 of the 
regulation)  
 
ç) Request for chang e in the name of the patent owner through FP4 form (Annex 1 of 
the regulation.  
 
d) Request for change  in address of the patent owner through FP5 form (Annex 1 of the 
regulation  
 
dh) Application for registration of the license contract on the patent through FP 6 form 
(Annex 1 of the regulation)  
 
e) Request for amendments to claims through FP7 form (Annex 1 of the regulation)  
 
ë) Withdrawal of patent application  through FP8 form (Annex 1 of the regulation).  
 
f) Application for opposition to a patent grant through FP9  form. (Annex 1 of the 
regulation).  
 
g) Request to appeal the patent  rejection decision  through FP10 form (Annex 1 of the 
regulation).  
 
gj) Request for timely restoration of rights through FP11 form (Annex 1 of the 
regulation).  
 
h) Request for issuance of suppleme ntary  protection certificate through FP12 form 
(Annex 1 of the regulation).  
 
i) Request for declaration of invalidity of the supplementary  protection certificate 
through FP13 form (Annex 1 of the regulation).  
 
j) Request for turn ing a  patent for invention applic ation into utility  model  application 
through  FP14 (Annex 1 of the regulation).  
 k) Request  for the allocation of the initial application for an invention patent 
FP15 (Annex 1 of the regulation).  
 
 
5. Utility models  
 
5.1 The provisions of this regulation relating to  the filing of applications and the 
examination procedures of patents for inventions ’ requests  apply equally to utility 
models applications . 
 
5.2 The request for turning a patent application into a utility  model application, 
provided by Article 91 of  the Law, must be filed with the GDPT by the applicant via 
FP14 form before the patent is issued. The request must be signed by the applicant and 
accompanied by the respective fee payment document . GDPT reviews the request 
within 3 months from its filing d ate and notifies the applicant in writing of the decision 
taken. In case the request is rejected, the notification must also provide  the reasons for 
the rejection.
 
 
 
 
 
 
 
CHAPTER II  
 
 
 
FILING  A NATIONAL PATENT APPLICATION  
 
1. Filing  an application  
 
1.1 A patent application is filed through the FP1  form , which is signed by the applicant 
or his representative and filed at  the record  office  of GDPT. FP1 form can also be sent 
to GDPT by mail or fax from the claimant or his /her representative. When  sending by 
fax, the applicant must within one month from the date of the fax, submit to the GDPT 
the request in its original form, otherwise, the request is considered un filed. 
 
1.2 The application file is accompanied by the list of submitted documents (file index) 
which is signed by the applicant or his representative.  
 1.3 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.  
 
1.4 The GDPT record  office,  on the day it receives the FP1 form for a patent 
application, writes on the form the filing date and time of the application as well as the 
application number.  
 
2. Elements that the patent application must contain  
 
2.1 Under  Article 17 of the Law, a paten t application must contain:  
 
a) The patent request signed by the applicant or his representative which at the time of 
filing must contain in particular the data on the name and address of the applicant, the 
inventors and authorized representative s; the title of the invention and the priority 
statement if claimed for priority;  
 
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 clai med for priority;  
 
e) authorization of representation letter when the application is filed by the applicant's 
representative. The authorization of representation  must contain a notarized signature of 
the applicant when an applicant is a natural person and whe n the applicant is a legal 
entity, the signature of the legal representative and his seal.  
 
ë) an inventor or inventors ’ declaration  in which the will for the issuance of the patent is 
expressed in the name of the applicant. The inventor’s declaration must  be made by 
notarial deed.  
 
f) proof  of payment of the filing  fee. 
 
2.2 In case the invention is made public under  Article 11, point  1 letter "c" of the Law, 
the applicant must file at the GDPT the relevant certificate issued by the competent 
international ex hibition authorities, within 3 months  from the date of filing the patent 
application.  
 
3. Specific application for patent applications relating to microorganisms   
3.1 If the invention involves the use of biological material or when it is related to  such a 
material, which is not available to the public and which cannot be described in the 
application, to be made available to a qualified person in the field: 
a) a culture of the microorganism must be deposited  in a depositary  institution 
designated  for this purp ose by the relevant legislation in force;  
 
b) the applicant must state in the request the depositary institution and the deposit  
number of the culture deposited as well as information on the characteristics of the 
biological material, as far as it is availabl e to the applicant  
 
c) the applicant must deposit, together with the application, the proof of deposit 
received from the deposit ary institution.  
 
4. Other requirements related to the application  
 
4.1 The applicant must send electronically  all the patent appli cation material to the 
address made available for this purpose by the GDPT within  2 weeks  from the date of 
submission of the application, otherwise , GDPT does not issue proof of filing , but 
without compromising  the depositing  date.  
 
5. Making changes or wi thdrawing the application before issuing the patent  
 
5.1 The applicant, through a written request, which must be filed at the GDPT before 
the date of issuance of the patent, may request changes and correction of formal errors 
in a patent application, again st payment of the relevant fee.  
 
5.2 The applicant has the right to withdraw the patent application at any time before the 
issuance of the patent, by means of a written request addressed to the GDPT.  
 
CHAPTER III  
CRITERIA FOR THE PATENT APPLICATION ELEMENT S 
DESCRIPTION, CLAIMS, ABSTRACT AND DRAWINGS  
 
1. Description of the invention  
1.1 The description of the invention must contain:  
 
a) the title of the invention as outlined  in the application. The title of the invention 
should be as short and as representative  as possible;  
 
b) the field of techn ology  to which the invention relates;  
 c) parts of previous achievements which, to the extent known to the claimant, may be 
useful in understanding and considering the invention and possibly citing documents 
reflecting it;  
 
ç) explaining the invention so that it is comprehensible to specialists in the field and 
presenting the effects of its advantages, if any, concerning  previous achievements;  
 
d) description of indicative elements of drawings if any;  
 
dh) a description of the bes t way considered by the claimant to implement the 
invention. This should be done through  examples as well as, where appropriate, 
referring to drawings if any;  
 
e) indicate in a definite way, when it does not result from the description or nature of 
the invent ion, how the invention is applicable in the industry and how it may be 
produced or used or, if it may itself be used, how it can be used. 
1.2 The manner and order specified in point 1.1 are always followed, unless, due to the 
nature of the invention, a di fferent way or order would be more understandable.  
 
2. Form and content of claims for the invention  
 
2.1 The number of claims must be reasonable given the nature of the invention and the 
claims must be listed in numbers . Claims must refer to the relevant p art of the 
description or drawings and must contain:  
 
a) a statement mentioning  those technical features of the invention which are necessary 
to determine the parts of the later achievement but which, by combining, are part of the 
earlier achievement;  
 
b) a char acteristic part that begins with the words "characterized by", "characterized 
in", "in what the invention consists of" or in other words that give the same effect and 
concisely state the technical features, which in combination with the features defined in  
the letter "a" of this point, are desired to be protected as inventions.  
 
2.2 A dependent claim is one that contains all the features of one or some  other claims 
that assert additional features claimed if this is possible from the outset. A dependent 
claim which is referred  to more than one claim ( a multi  dependent claim) will refer to 
such claims only as a viable alternative. Multidependent claims do not serve as a basis 
for any other multi  dependent claim.  
 
2.3 A dependent claim is considered to contain  all the limitations covered  by the claim 
to which it refers. When the claim is multi  dependent, it is deemed to contain all the 
limitations contained in the particular claim in respect of which it has been considered. 
All dependent claims referring to one or some  prior claims are grouped in the most 
practical way possible.  
 
3. Drawings or graphic presentation  
 
3.1 The patent application must contain all those drawings or graphic presentations 
which are necessary to understand the invention, to submit it in full, to clarify 
ambiguous or unclear  formulations given by description, as well as to imagine the 
object described.  
 
3.2 There is a direct connection between the description of the invention and the 
drawings, which is realized through reference signs , whi ch can be numbers or letters. Reference signs  are placed on both documents, in the description and the drawings and 
must correspond accurately . 
 
3.3 In the claims and summary (abstract) of the invention, reference signs  are placed in 
parentheses to indicat e that the text is comprehensible even without them and that the 
examples described in the drawings do not limit the scope of the respective claim. In 
the description, reference signs  are not placed in parentheses.  
 
3.4 Patent application drawings are not production drawings; they do not contain all the 
details and particulars  necessary for the concrete realization of a product or process and 
are not built in exact drawing dimensions, but are schematic drawings, which enable the 
highlighting of the distinct ive features of the invention. 
3.5 Patent application drawings shall be such as to enable their direct reproduction by 
utilizing photocopying, printing or similar processes, for eas e of use of the patent 
publication.  
 
3.6 Drawings and chemical formulas, i f any, are compiled in full compliance with the 
standards of technical language and chemical symbols.  
 
3.7 The surface of the usable space on the sheets containing  the drawings should not 
exceed the size 26.2 cm x 17cm. These sheets must not contain frames  around the 
usable or used surface. The minimum allowed side dimensions must be as follows:  
 
a) upper part 2.5 cm;  
b) left side 2.5 cm;  
 
c) right side 1.5 cm;  
ç) the lower part 1 cm.  
 
3.8 Drawings should be performed as follows:  
 
a) with solid, black lines, thick eno ugh and dark without coloring;  
 
b) views of sections and cuts shall be presented by utilizing  parallel section lines, 
which shall not interfere with the clear reading of the reference signs  and the lines 
relating thereto;  
 
c) the scale of the drawings and the di stinctiveness of their graphic execution should be 
such that a photographic reproduction with a linear reduction to the extent of two -thirds 
made it possible for all the details to be distinguished without difficulty. If, as an 
exceptional case, the scale is given in a drawing, it should be presented graphically;  
 
ç) all numbers, letters and reference signs  that appear in the drawings must be simple 
and clear. Brackets, circles or quotation signs  are not used to associate numbers and 
letters;  
 
d) all lines in the drawings, as a rule, are drawn with the help of design instruments;  
 
dh) the elements of the same figure must be in proportion to each other, except when a 
change in proportion is necessary for the clarity of the figure;  
 e) the height of numbers and lett ers should not be less than 0.32 cm. The Latin alphabet 
is used to indicate letters and drawings,  and when is common, the Greek alphabet . 
 
ë) the same drawing sheet may contain several figures. When figures drawn on two or 
more sheets are predetermined to form a whole figure, so that the whole figure can be 
presented together, without stopping from revealing any of the five partial figures, the 
various figures must be arranged without empty spaces; preferably placed in a 
perpendicular position, clearly sepa rated from each other. When the figures are not 
placed in a perpendicular position, they appear positioned transversely to the sheet, 
with the front of the figures to the left of the sheet. The various figures are numbered 
consecutively with Arabic numeral s, independent of the numbering of the sheets.  
 
f) reference signs  not mentioned in the description and claims should not appear in the 
drawings and vice -versa. The same features, which are indicated by reference signs , 
must be marked, everywhere in the paten t application, with the same signs ; 
g) drawings should not contain textual issues, such as any possible description of the 
figures, unless it is absolutely necessary to place a single word or several words, such 
as “water ”, “steam ”, “open”,  “closed”,  “sectio n on AB” etc., and in the case of 
electrical circuits and schematic blocks or diagrams of technological process cards, a 
few short key words necessary for understanding the figures can be used. Each such 
word must be placed in such a way that, if required,  they can be moved by utilizing  
their translations without interfering with any of the lines of the drawings;  
 
gj) drawings of technological process cards, block diagrams and diagrams are taken into 
consideration . 
 
4. Content and form of the invention summ ary 
4.1 The summary of the invention (abstract) should consist of:  
 
a) the title of the invention;  
 
b) a summary of the preface  as contained in the description, claims and any drawings. 
The summary indicates the technical field to which the invention belongs and  should be 
formulated in such a way as to give a clear understanding of the technical problem, the  
invention’s problem -solving essence and the main us age or uses of the invention;  
 
c) when the invention is applicable, the chemical formula is presented, which best 
characterizes the invention among all the formulas contained in the application.  
 
4.2 The summary should be as concise as the preface  allows (preferably  from  50 to 150 
words) and should be compiled in such a way as to serve efficiently as a fast tool for 
research purposes. The summary should not contain assertions on the merits or values 
of the invention or its speculative applications.  
 
4.3 Each of the main technical features mentioned in the summary and illustrated in the 
drawing, must be accompani ed by any of the most illustrative drawings, to be provided 
by the claimant.  
 
 
CHAPTER IV  
TECHNICAL REQUIREMENT S THAT THE PATENT APPLICATION  
MUST FULFILL  
 
1. Terminology and signs  1.1 A patent application must meet the following requirements:  
 
a) units of wei ght and mass  must be expressed in terms of the metric system;  
b) the temperature should be expressed in degrees Celsius;  
c) density should be expressed in metric units;  
 
ç) to indicate heat, energy, light, sound and magnetization as well as mathematical 
formulas  and electrical units, rules of international practice shall apply. Common uses 
apply to chemical formulas, symbols, atomic weights, and molecular formulas;  
 
d) only such technical terms, signs and symbols should be used as accepted.  
1.2 Terminology and sign s must remain  unchanged throughout the application.2. Physical requirements of the patent application  
 
2.1 The request and any document or statement accompanying it must be submitted in 
one copy. GDPT may request the filing  of an additional copy.  
 
2.2 All elements of the application  are presented to allow direct reproduction by 
utilizing  photography, reproduction, photocopying, microfilming  etc., in an unlimited 
number of copies.  
 
2.3 Each element of the application must start on a new, white sheet of A4 f ormat (29 ,7 
x 21cm) and only one side of the sheet  must be used. All sheets are assigned a 
chronological  page number at the top.  
 
2.4 The application elements must be placed in the following order:  
a) FP1 forms ; 
b) description;  
c) claims ; 
ç) summary (abstract);  
d) drawings.  
 
2.5 The sequence  of the page number  is done using three separate series of numbers. 
The first series applies only to the request and begins  with the first page  of the request, 
the second series starts with the first page  of the description and c ontinues with the 
claims up to  the last page  of the summary. The third series applies only to the drawing 
sheets and starts with the first page of drawing s. 
 
 
CHAPTER V  
 
UNITY OF INVENTION AND SEPARATE  REQUIREMENTS  
 
1. Unity of invention  
 
1.1 Unity of inve ntion pursuant to Article 22 of the Law shall be interpreted in such a 
way as to allow one of the following possibilities:  
 
a) in addition to an independent claim for a given product, the inclusion in the same 
claim of an independent claim for a process speci ally adapted for the production of the 
given product as well as the inclusion in the same claim of an independent claim for a 
use of the given product;   
b) in addition to an independent claim for a given process, the inclusion in the same 
request  of an indepe ndent claim for designed apparatus or means to implement the 
given process.  
 
1.2 Under  Article 22 of the Law, it is allowed to include in the same request two or 
more independent claims of the same category which cannot be covered by a single 
general claim . 
 
1.3 Under  Article 22 of the Law, it is permissible  to include in the same claim a 
reasonable number of dependent claims requiring specific forms of the invention, 
required in an independent claim. 
 
2. Separate requirements  
 
2.1 The request for separati on of the initial application, provided by Article 23 of the 
Law, is submitted to GDPT by the applicant, through FP15 form and must contain a 
reference  number  to the initial request.  
 
2.2 The divided  application is entitled to priority:  
 
a) if the initial app licant pretends  that the divided  application gains the priority 
recognized for the initial application, the divided  application must contain such a 
statement. In such a case, the priority documents filed in accordance with Article 24 of 
the Law on Initial Application shall be deemed valid even for the separate application;  
 
b) when the priorities of two or more earlier applications are claimed for the initial 
application, the divided  application benefits only from the priority or priorities 
applicable to it.  
 
2.3 For the submission of each separate application, the claimant pays the fee set within 
a period of two months from the date of filing of the separate application.  
 
 
 
 
CHAPTER VI  
 
RECOGNIZING  DEPOSITED BIOLOGICAL MATERIAL  
 
1. Conditions that the applican t must me et for recognition of biological material  
 
1.1 At the request of any interested person and upon receiving the  authorization of the 
patent applicant, the deposited  culture will be accessible to be recognized by him /her 
starting f rom the date of pub lication of the patent application, provided that he /she 
declares in writing that:  
 
a) he/she will not allow any third party to become acquainted with the deposited culture 
or any other culture derived from it, before the patent application has been rejected or 
withdrawn, or is deemed to have been  withdrawn, or, before the expiration of the patent 
given with regard to  this culture;   
b) will use for experimental purposes the deposited  culture or any  other  culture derived 
from it, only for as long as the patent app lication has been rejected or withdrawn, or is 
deemed to have been withdrawn, or, until the date of publication of the patent. This 
provision is not applicable for  as long as the applicant of the deposited culture is using 
this culture on the basis of a no n-voluntary license.  
 
1.2 From the date of publication of the patent application until the date of patent 
publication or until when  the patent application was rejected, withdrawn or deemed  
withdrawn, the applicant may inform the GDPT that the deposited cul ture may be 
available to the deposited culture researcher to get acquainted with it, by giving a 
sample  to an expert appointed by the culture researcher.  
 
2. Appointment of the expert  
 
2.1 Pursuant to point 1.2 of this chapter, an expert  may be appointed a s follows : 
 
a) any person designated by the culture applicant provided that the approval of the 
patent applicant has been obtained for the appointment of the expert;  
 
b) any person recognized as an expert by GDPT.  
 
2.2 The appointment of the expert made in this case is accompanied by a written 
guarantee that  the expert gives to the patent applicant, for his fulfilment of all the 
provisions of point 1, 2 and 3 of this chapter, considering the applicant himself of the 
deposited culture as a third party.  
 
3. Definit ion "derived culture"  
 
3.1 Pursuant to letter "b" of point 1.1 of this chapter, " a derived culture" is considered 
to be any culture of the micro -organism, which still displays those characteristics of the 
deposited culture, which are essential for the perf ormance of the invention. The 
declaration referred to in paragraph 1.1 of this Chapter does not preclude the deposit of 
a derived culture  necessary for the purpose of the patent procedure.  
 
4. Request for recognition of a deposited culture  and its review by G DPT  
4.1 The request for recognition of a deposited culture  is submitted to GDPT by means 
of a special form recognized by GDPT . GDPT certifies, through this form, that a patent 
application, which refers to the deposit of the microorganism has been filed, a nd that the applicant of the deposited culture or the expert appointed by him enjoys the right to 
take a sample of the microorganism.  
 
4.2 GDPT sends a copy of the request  for recognition of deposited  culture, together 
with the certification provided in po int 4.1 of this chapter, to the deposit ary institution, 
as well as to the patent applicant or owner.  
 
 
CHAPTER VII  
NEW DEPOSIT OF A MICROORGANISM  
 
1. Invalidity of a deposited microorganism  
 
1.1 If a microorganism deposited, in accordance with the provisio n of point 3.1 of 
chapter II of this regulation ceases to be valid , being available  to the institution where  it 
is deposited because:  
 
a) the microorganism is not capable of surviving,  
 
b) the deposit ary institution is unable to meet the needs for supply with samples, or for 
any other reason, and if the microorganism has not been transferred to another 
deposit ary institution, through which it will continue to be available,  
 
an interruption of the validity of its availability shall not be deemed to have occurred i f 
a new deposit of the micro -organism originally deposited for the first time is made 
within three months from the date on which the depositary is notified of the termination 
by the deposit ary institution, and a copy of the  taken deposit issued by the inst itution 
shall be sent to the GDPT within 4 months from the date on which in the new deposit is 
placed the patent application or patent application number.  
 
2. New deposit of microorganism  
 
2.1 When  provided in letter "a" of point 1.1 of this chapter, the new deposit is produced  
in the depository institution in which the original deposit was placed , while in 
when provided in letter "b" of point 1.1 of this chapter, it can be produced  in another 
deposit ary institution.  
 
2.2. When the institution in which th e original deposit is placed  ceases to be a 
deposit ary institution, either in whole or at least for th at type of microorganism to 
which the deposit of the micro -organism in question belongs, or when that institution 
temporarily or permanently ceases to per form its functions in relation to with the 
deposited microorganisms, and the notification referred to in point 1 of this chapter by 
the deposit ary institution is not received within 6 months from the date of occurrence of 
such a fact, the three -month perio d provided in point 1 of this chapter will begin on the 
date when such a fact is officially announced by GDPT.  
 
2.3 Each new deposit is accompanied by a statement signed by the depositor, stating 
that the re -deposited microorganism is the same as that depo sited for the first time in 
the original.  
 
 
CHAPTER VIII  
THE RIGHT TO PRIORITY  
 
 
(Point 2.2, of chapter VIII, "The right to priority", is amended, with DCM no. 
38, dated 21.1.2015)  
 
 
1. Submission of the priority document  
 
1.1 In case it is claimed for pri ority, the applicant must, within 3 months  from the date 
of submission of the patent application, submit to the GDPT the priority document 
pursuant to Article 24 point 2 of the Law. If the applicant does not file the priority 
document within this deadline,  or the submitted document does not meet the 
requirements of this Chapter, GDPT will not recognize the right to priority.  
 
1.2 Priority document may be proof  of the previous filing of one or more national, 
regional or international applications filed by th e applicant or his legal successor in 
accordance with point 1 of Article 24 of the Law or the certificate issued by the 
responsible exhibition authorities where the invention was introduced for the first time 
in accordance with point 7 of article 24 of the  Law.  
 
1.3 The priority document must contain:  
a) the filing date of the earliest application ; b) earliest application  number;  
 
c) the symbol of the international patent classification of the earliest application; 
ç) the name of the state in which the earliest appl ication was filed;  
 
d) the office where the earliest application was filed, when the application was filed 
with a regional or international office.  
 
1.4 When at the time of filing the patent application, the applicant declares the priority 
but the earliest ap plication number is unknown, within three months from the date of 
filing the patent application, the applicant must declare the earliest and most recent 
application number  and file the priority document.  
 
1.5 Repealed 
1.6 The priority document submitted t o GDPT in accordance with the requirements of 
this Chapter, must be translated into Albanian and notarized  
 
2. Declaration of priority  
 
(2.1) The declaration of priority referred to in Article 24, paragraph 1, is presented with  
filing the patent applicatio n and must contain the filing date and number of the previous 
application as well as the state party to the Paris Convention or member of the World 
Trade Organization where the previous application was placed . In case the priority is 
required based on the appearance in an international exhibition, the statement must 
contain the appearance date in the exhibition and the name of the exhibition.  
 
(2.2) The applicant may change or increase the priority within sixteen months from the 
date of the earliest  priorit y claimed, or, if the change or addition would cause a change 
in the date of the earliest  priority claimed, within sixteen months from the correction 
date of the first priority, whichever sixteen -month period expires beforehand, provided 
that such correcti on is submitted before the  end of  four months starting  from the date of 
filing of the granted patent application. The request for addition or change  of Priority 
shall  be accompanied by the respective fee  payment  otherwise , the request is rejected.  
 
(2.3) The Priority declaration cannot be placed or  corrected upon submission of the 
request for early publication.  
 
 
 
 
CHAPTER IX  
 
EXAMINATION  OF PATENT APPLICATION AND GRANTING  OF PATENT  
 
(Amended  point 1.1 with DCM no. 38, dated 21.1.2015)  
 
 
1. Sequence listing s and deadlines  for the examin ation of  the application  
 
1.1 Filed applications are examined according to their sequence  number. GDPT 
examines within 3 months from the date of filing  of the application, whether it meets 
the requirements of point 1 and 2 of Article 18 of the Law.  
 2. Examination of the application and recognition of the filing date  
 
2.1 If the application meets the requirements of point 1 and 2 of Article 18 of the Law, 
GDPT issues to the applicant the proof of filing  recognizing as the filin g date of the 
application, the date when the application was submitted to GDPT. When the applicant 
has filed the notarized translation into Albanian of the document provided in letter "c" 
of point 1 of Article 18 of the Law within 2 months from the filing date, GDPT 
recognizes as the filing date, the date of submission of the application. 
2.2. In case the application does not meet the requirements of point 1 and 2 of Article 
18 of the Law , GDPT notifies the applicant to complete the deficiencies within thr ee 
months from the date of notification. When the applicant completes the deficiencies 
within this deadline, GDPT issues a proof of filing recognizing as the filing date of the 
application, the date when the deficiencies were completed. If the applicant do es not 
complete the deficiencies within the deadline, GDPT refuses to file the application and 
notifies the applicant of the rejection.  
 
(In point 3.1, the words "... within 3 months from the date of issuance of the certificate 
..." are replaced with "... after setting the date, with DCM no. 38, date d 21.1.2015)  
3. Formal examination of the patent application  
 
3.1. After setting  the filing date, GDPT examines whether the application meets the 
requirements of Articles 17, 19, 20 (3), 24 of the Law and the re quirements of Chapter 
II of this regulation.  
 
(In the first sentence, of point 3.2, after the number "20" are added the numbers "21, 
22" and after the number "II" are added the numbers "III, IV and V". with DCM no. 38, 
dated 21.1.2015)  
 
3.2 If the applicat ion does not meet the requirements of Article 17, 19, 20 (3), 21, 22 
and 24 of the Law , as well as the requirements of Chapter II, III, IV , V of this 
regulation, GDPT,  notifies the applicant to complete his application  within three 
months from the date of notification. If the applicant does not complete the missing 
information  within the established  deadline, GDPT rejects the patent application and 
notifies the applicant of the rejection. If the applicant completes the shortcomings of the 
application within  the set deadline, GDPT continues the examination of the application 
in accordance with the provisions of point 3.3 and 3.4 of this chapter.  
 
3.3. GDPT publishes in the Industrial Property Bulletin any application filed, 
immediately after the end of the 18 months  starting from the filing date or, when 
priority is required, starting from the priority  date. If the applicant requests in writing, 
before the end of the 18 months , that the application be published beforehand , and pays 
the relevant fee, GDPT has it publishe d instantly . 
 
(Point 3.4 is repealed, through  DCM no. 38, dated 21.1.2015)  
 
3.5 GDPT 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 the 
deadline for their submission when it deems necessary.   
4. Deci ding on the Patent application  
 
(In point 4.1, the expression "3.4 and 3.5" is replaced with "3". through  DCM no. 38, 
dated 21.1.2015)  
 
4.1 At the end of the examination performed  in accordance with the point 3 of this 
chapter, GDPT decides  on whether or not to issue a patent and immediately notifies the 
applicant of the decision taken.  
 
4.2 When GDPT decides to issue a patent, the examiner notifies the applicant to pay t he 
fee for issu ance of  the patent, within 3 months from the date of receipt of the notice. 
GDPT issues the patent, within 3 months from the date that the applicant ha s filed in  
GDPT the payment document of the relevant fee.  
 
4.3 When GDPT decides not to issue the patent, it notifi es the applicant in writing of 
the refusal to issue the Patent, explaining the reasons for the refusal.  
 
4.4 GDPT publishes in the Industrial Property Bulletin every patent issued  
 
5. Request for further consideration of the patent application.  
(In point 5 , the words "... postponement of the deadline for completing the application 
defects ..."  
 
are replaced with "... requests for further review of the patent application ..." through  
DCM no. 38, dated 21.1.2015)  
 
(In point 5.1, the word "... relevant" and th e extension of the deadline  ... "is replaced 
with the words" ... for further consideration ... ". through  DCM no. 38, dated 
21.1.2015)  
 
 
 
 
5.1 In accordance with the provisions of Article 34 of the Law, the applicant may 
request that the time limit provide d for in points 2.2 and 3.2 of this chapter be extended 
to one more  month, by submitting a written request based on reasonable grounds and 
against payment of the fee for further consideration. In any case, the request for 
extension of the deadline must be submitted to GDPT before  the 3 -month deadline for 
completing the deficiencies, provided in points 2.2 and 3.2 of this chapter. The applicant may not request a deadline extension for filing  the priority documents 
provided by Article 24 of the Law and a request for restoration  of rights  of the deadline . 
 
6. Patent data  
6.1 The patent issued by GDPT contains the following data:  
 
a) patent number;  
b) national patent application number;  
c) filing date;  
ç)  name and address of the patent owner;   
d)  the priority date of t he request;   
dh) the effective date of issuance of the patent;  
 
e) the title of the invention;  
ë)  claims;  
f) date and number of publication of the patent application;  
g) the name and address of the inventor or inventors.  
(It is added  point 6.2, with DCM no. 38, d ated 21.1.2015)  
 
6.2 In the case when  the issued patent is the result of a request for conversion under 
Article 87 / the issued patent shall also contain the following data.  
 
a) Date of request for conversion  
b) Number and place of initial application  
c) Date of in itial application.  
 
7. Recognition of the patent  validity  
(Point 7.1 is amended, through  DCM no. 38, dated 21.1.2015)  
 
7.1 Pursuant to point 4 of Article 28 of the Law, the patent owner must file within 10 
years from the filing date of the patent applicati on, the document through  which he 
proves the patentability of the invention in accordance with Articles 5, 6, 7, 9 and 10 of 
the Law. The above document may be the result of a substantive examination carried 
out on the same patent from the EPO, from a nati onal office, which enjoys the status of 
International Authority for Preliminary Examination, according to Article 32, of the 
Patent Cooperation Treaty or from the national office, which has a cooperation 
agreement with the GDPT, and a patent granted for th e same invention by one of these 
offices . It must be filed translated into Albanian and notarized.  
 
(point 7.2  is added , through  DCM no. 38, dated 21.1.2015)  
 7.2 GDPT examines the document filed by the patent owner if it is in accordance with 
the provisio ns of point 4 of article 28 of the Law and point 7.1 of this chapter. 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, GDPT recognizes 
the validity of  the invention, notifies the applicant and makes the relevant entry in the 
patent register. If the patent recognition procedure in one of the relevant offices has not 
been completed yet, the applicant notifies the GDPT, before the end of the 10  years  
starting from the filing date of the patent application, and requests an extension of the 
deadline for filing written evidence, based on Article 34 against the payment of the 
relevant fee.  
 
7.3 In case the result of the invention substance examination that results from the above 
document is negative, GDPT does not consider the document and notifies the patent 
owner. If the result of the examination in substance is positive only for part of the 
claims, the patent is valid only for these claims and GDPT issues the  relevant notice 
and makes the entry in the patent register.  
 
7.4 GDPT publishes in the Industrial Property Bulletin the notice of the decision taken 
in relation to the patent.  
 
 
CHAPTER X  
PUBLICATION OF PATENT APPLICATIONS AND PATENT S  
 
1. Publication of patent application  
 
1.1 Pursuant to Article 26 of the Law, GDPT publishes any application filed 
immediately after the expiry  of the 18  months  starting  from the filing date or, whe n 
priority is required, from the date of priority. If the applicant requests in writing, before 
the expir y of the 18 months , that the application is published beforehand , and pays the 
relevant fee, GDPT has it publishe d instantly . 
 
(Points 1.2 and 1.3 are added, through  DCM no. 38, dated 21.1.2015)  
1.2 The publication of the patent  application contains:  
a) filing date and application number;  
b) the name and address of the applicant;  
 
c) the name and address of the inventor unless he has requested not to be mentioned;  
ç) if priority has been requested and it has been accepted,  the priority da te;  
d) the title of the invention;dh) the symbol of the international patent classification;  
 
e) patent application claims.  
ë)  description  
 
f) drawings  
g) abstract  
 
1.3 In the case when  the issued patent is the outcome  of a request for conversion under 
Article 87 / ë, the publication of its application shall also contain the following data.  
 
a) Date of request for conversion  
b) Number and place of initial application  
c) Date of initial application.  
 
2. Publication for grant ing a patent  
2.1 The publication  for granting a  patent contains:  
a) patent number;  
b) name and address of the patent owner;  
 
c) the name and address of the inventor unless he has requested not to be mentioned in 
the patent;  
 
ç) filing date and request number;   
 
d) if priority was requested and it was accepted,  the priority dat e;  
dh) the effective date of issuance of the patent;  
 
e) the title of the invention;  
ë) drawings with illustrations if any;  
 
f) the symbol of the international classification of 
patents. ( point 2.2 is ad ded, through  DCM no. 38, 
dated 21.1.2015)  
 
2.2 In the case when the issued patent is the result of a request for conversion under 
Article 87 / ë, its publication shall also contain the following data.  
 
a) Date of the  request for conversion  
b) Number and place of initial application  c) Date of initial application.  
 
3. Unpublished applications  
 
3.1 GDPT does not publish applications if they are withdrawn or refused , before the 
expir y of the 18 -month period, which starts from the filing date or, when there is a 
priority request , from the priority date.  
 
4. Publication o f invalid patents  
 
GDPT publishes data on patents rendered invalid due to non -payment of the renewal 
fee, when the invalidity of the patent is decided by a court decision and in any other 
case of invalidity provided by law and this regulation. 
CHAPTER XI  
OPPOSITION TO GRANTING OF  PATENT  
 
 
1. Filing a request for opposition  
 
1.1 An opposition  to the granting of a patent may be submitted to the GDPT within nine 
months from the date of publication of the granting of a patent, by the persons provided 
by Artic le 13 of the Law, by submitting the following documents:  
 
a) FP9 form for post-grant patent opposition ; 
b) document of payment of the fee for the opposition . 
 
1.2 The claimant  must also submit the following documents:  
 
a) authorization of representation in case the  opposition  is submitted by the 
representative of the claimant ; 
 
b) documents proving that the claimant  enjoys one of the rights provided by Article 
13 of the Law.  
 
2. Review of the opposition  by the Board of Appeal  
 
2.1 The GDPT Board of Appeals reviews the post-granted patent opposition , within 3 
months from its filing  date. 
 
2.2 When  the opposition  does not meet the requirements provided for in point 1.1 of 
this Chapter, the Board of Appeal shall consider the opposition  unfiled and  shall notify 
the objector  in writing.  
 
2.3 When  the opposition  does not meet the requirements of point 1.2 of this Chapter, 
the board of appeal shall ask  the defendant  through a written notice to complete the 
deficiencies within 30 days from the date of notification, otherwise the  opposition shall 
be deemed not to have been filed.  
2.4 When the opposition  meets all the requirements of point 1 of this chapter, the board 
of appeal accepts the opposition  for consideration, 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 docu ment in support of his /her claims.  
 
2.5 During the review, the appellate board 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.  
 
2.6 The Board  of Appeal decides on the request for 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.  
 
3. Handling the patent application after issuing  a decision on the opposition  
 
3.1 When the board of appeal decides to dismiss the opposition  and the decision is not 
appealed in court, a copy of the board decision is filed in the patent application file and 
GDPT reflects the decision in the patent regist er. 
3.2 When the board of appeal  decides to accept the opposition  and the decision is not 
appealed in court, a copy of the board decision is filed in the patent application file and 
GDPT issues the decision to revoke the granted patent and reflects it in the patent 
register and has it published  in the Industrial Property Bulletin.  
 
3.3 In case the decision of the Board of Appeal  regarding the opposition to the patent is 
appealed in court, a copy of the final verdict  is filed in the patent application file and 
GDPT reflects the verdict  in the patent register, and makes the publication in the 
Bulletin of Industrial Property, if a patent revocation was decided.  
 
 
CHAPTER XII  
 
RESTORATION  OF RIGHTS  
 
1. Submission of the request  
 
1.1 In accordance with Article 3 5 of the Law, the applicant or the owner of a patent may 
request restoration  of the right  within two months from the expiry date  of the 
restoration time limit , but no later than 1 (one) year from the expiry date of the 
unfulfilled  time limit , through a wri tten request which shall contain:  
 
a) FP11 form;  
b) the document  of the respective fee  payment ; 
 
c) the authorization for representation if the application is submitted by the applicant’s 
or the patent owner’s representative.  
 
1.2 The patent’s owner whose patent  has become invalid due to failure to pay  the 
renewal fee within the period provided by law, may request the restoration of the patent 
right, by filing  to the GDPT the documents  mentioned in point 1.1 of this Chapter,  
a) within 2 months from the date of expir y of the cause or   
 
b) within 6 months from the date of expir y of the additional period for the renewal fee 
payment provided by Article 41 point 3 of the Law.  
 
Whichever  of the above periods expires  earlier.  
 1.3 When a copy of the earlier application request ed under point 2 of Article 24 of the 
Law has not been filed in the GDPT within the specified time limit, the applicant  has 
the right to request restoration of the priority right if:  
 
a) the declaration of priority is filed to GDPT in accordance with the 
requirements of point 2.1 of Chapter VIII of this regulation;  
 
c) the request for restoration  together with the copy of the earlier application is filed in 
the GDPT within 1 (one) month from the date of expiry  of the time limit  provided by 
point 2 of Article 2 4 of the Law.  
 
(Point 1.4 is a dded, by DCM no. 38, dated 21.1.2015)  
 
1.4 When the application claiming priority has not been filed within 12 months from 
the date of the previous application, the applicant may file a request for restoration of 
the right of priority within two months from the expir y of the above deadline 
accompanied by the following documents: 
a) Causes that led to non -compliance of the priority period, despite taking the necessary 
measures.  
 
b) fee for on -time restoration  
c) authorization for repres entation  
 
2. Review of the request by GDPT  
 
2.1 GDPT reviews the request for restoration of the right within one month from the 
date of its receipt if it is following  the provisions of point 1 of Article 35 of the law and 
point 1.1, 1.2 and 1.3 and 1.4 of this chapter. When  GDPT 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 time limit  within which he must complete the defects 
of reinstatement and has it publishe d. The refusal issued by GDPT is revoked and the 
examiner continues the procedure following  the Law.  
 
2.2. When  the request for restoration of the right is not under  the provisions of point 1 
of article 35 of the Law and point 1.1, 1.2 and 1.3 of this chapter, GDPT rejects  the 
request for restoration of the right and notifies in writing the applicant or the patent 
owner.  
 
2.3. Following  Article 35 of the Law, the restoration of rights can be requested only 
once for each application.  
 
2.4 The decision of rejection to the request for restoration of rights issued by  GDPT   
may be appealed to the Board of Appeal of GDPT within 2 months from the date of 
receipt of notice.  
 
 
CHAPTER XIII  
CHANGING APPLICANT'S NAME AND/OR ADDRESS  OR 
PATENT ’S OWNER  
 
1. Submission  of the request  
 
1.1 The patent owner or applicant may request a change in name and /or his/her address 
in the patent register. The request for the change  in name is submitted  to GDPT through 
FP4 form and the request for an address change is submitte d through FP5form. The 
following documents must be submitted together with the request:  
 a) the document of the respective fee  payment ; 
 
b) authorization for representation when the request is submitted by the representative of 
the patent owner  
 
c) when  a change in the patent ’s owner name is requested, the document  
 certifying this change.  
 
2. Review of the request by GDPT  
 
2.1 GDPT examines the request for change in name and /or address of the patent owner 
on whether  it is following  the provisions of point 1.1 of th is Chapter and in case there 
are defects, notifies the applicant to make the necessary completions  within 3 months 
from the date of notification, otherwise , the request is rejected.  
 
2.2 When the request for change in name and /r address of the patent owner  is in 
accordance with the provisions of point 1.1 of this Chapter, GDPT registers the change 
in the patent register, notifies the applicant and publishes the change in the Industrial 
Property Bulletin.  
CHAPTER XIV  
TRANSFER OF PATENT OWNERSHIP  
 
1. Submi ssion of the request  
 
1.1 The request for transfer of ownership  over patent , provided by Article 44 of the 
Law, is submitted to the GDPT through form FP3 by the patent owner or its new owner. 
Along with the application, the applicant must submit the follow ing documents:  
 
a) the document of the respective fee  payment ; 
 
b) authorization for representation when the request is submitted by the representative 
of the patent owner;  
 
c) deed of transfer of ownership, which must be a notarial deed.  
 
2. Review of the request by GDPT  
 
2.1 GDPT examines the request for transfer of ownership if it is in accordance with the 
provisions of point 1.1 of this Chapter and in case there are defects, notifies the 
applicant to make the necessary completions  within 3 months from the date o f 
notification, otherwise , the request is rejected.  
 
2.2 When the request for transfer of ownership is in accordance with the provisions of 
point 1.1 of this Chapter, GDPT registers the transfer of ownership in the patent 
register, notifies the applicant a nd publishes the change in the Industrial Property 
Bulletin.  
 
 
CHAPTER XV  
REGISTRATION OF LICENSE CONTRACT  
 
1. Submission of the request  
 
1.1 The request for registration of the license contract for a patent, provided by Article 
46 of the Law, is submitte d to the GDPT through form FP6 by the patent owner. Along 
with the application, the applicant must submit the following documents:  
 
a) the document of the respective fee  payment ;  
b) authorization for representation when the request is submitted by the represent ative 
of the patent owner;  
 
c) the license contract which must take the form of a notarial deed. If the license 
contract concluded between the parties is not in Albanian, the contract must be filed in 
the GDPT translated into Albanian language and notarized.  
 
2. Review of the request by GDPT  
 
2.1 GDPT examines the request for registration of the license contract if it is in 
accordance with the provisions of point 1 of this Chapter and in case there are defects, 
notifies the applicant to make the necessary comp letions  within 3 months from the date 
of notification, otherwise , the request is rejected. 
2.2 When the request for registration of the license contract is in accordance with the 
provisions of point 1.1 of this Chapter, GDPT registers the license contract  in the patent 
register, notifies the applicant and publishes the licensing in the Industrial Property 
Bulletin.  
 
CHAPTER XVI  
PATENT RENEWAL  
 
1. Submission of request  
 
1.1 The request for patent renewal, provided by Article 41 of the Law, is submitted to 
GDPT through FP2 form. Along with the form, the patent owner must also submit the 
following documents:  
 
a)  the respective fee  payment ; 
 
b) authorization for patent renewal representatio n, when the claimant is not registered 
in the patent register as the authoriz ed representative of the patent owner for the patent 
being sought for renewal.  
 
2. The c onditions that a request should meet for  patent renewal  
 
(In the last sentence, of point 2.1, the sentence is added, by DCM no. 38, 
dated 21.12015)  
 
2.1 The patent renewa l shall  start from the first year after the patent  was grant ed, for 
national patents, while for extended European patents starting  from the following year 
when the granted patent was published. The patent renewal request  consisting of  the 
FP2 form and the relevant fee payment document must be filed in the GDPT before the 
last day of the month  containing the filing date,  inclusive . Whether the request for 
patent renewal together with the payment document of t he respective fee is not filed 
within the aforemen tioned deadline, it can be filed within 6 months  after the last day of 
the month of the filing date, against payment of an additional fee, or within 2 months 
starting from the 6 months  until the last day of the month of the filing  date, against 
additional payment s.  
2.2 The request  for patent renewal and payment of the renewal fee cannot  be filed 
earlier than 12 months preceding the deadline for the payment  renewal . 
2.3 In cases when a patent has become invalid due to non -payment within the timelimit  
of th e renewal fee, and a restoration of the right has  been decided , the payment of the renewal fees for the unpaid years shall  be made no later than three months from the 
date of receipt of  notice of restoration of the right . 
 
3. Review of the request by GDPT  
 
(In point 3.1, the expression "6 -month" is replaced with "8 -month", through  DCM no. 
38, dated 21.1.2015)  
 
3.1 GDPT reviews the request for patent renewal and when  there are deficiencies 
related to the payment of the renewal fee , notifies the applicant to make the necessary 
additions within 8 months after the last date of the month of the filing date, against 
payment of an additional fee, otherwise , GDPT rejects the application for patent 
renewal.  
 
3.2 If the shortcomings of the renewal application are such  that they do not allow to 
understand which patent is required to be renewed, GDPT notifies the applicant to 
make the necessary additions within 3 months from the date of notification  otherwise , it 
rejects the application.  
 
(Point 3.3 is amended by DCM no.  38, dated 21.1.2015)  
 
3.3 When the patent renewal application meets the requirements of point 2 of this 
chapter, the GDPT shall renew the patent and make a note of its renewal in the patent 
register and shall issue a noti fication  of patent renewal to the applicant.  
 
 
(Point 3.4 is amended by DCM no. 38, dated 21.1.2015)  
 
 
3.4 When several requests  for renewal are filed for a patent, the renewal of the patent is 
made on the basis of the request  that was filed first and GDPT re fuses  subsequent 
applications.  
 
(In point 3.5, after the words "... provided in article 41, points 2 and 3, of the law, 
..." are added "... as well as the deadline provided in point 2.1, of this chapter, with 
DCM no. 38, date d 21.1.2015)  
 
3.5 If the renewal fee is not paid within the ti me limit provided in Article 41 point 2 and 
3 of the Law as well as the time limit provided in point 2.1 of this chapter, the patent is 
considered to have expired on the day the renewal fee was to be paid and GDPT notifies the owner or authorized represent ative registered in the patent register of the 
patent expir y. 
 
 
4. Renewal of licensed patents  
 
4.1 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 according to Article 41  of the Law, GDPT 
notifies the licensee, not later than 8 weeks before the end of the renewal payment 
period, that the payment has not been made, and that he must pay the fee within six 
months from the dat e of receipt of the notice , in order to maintain th e validity of the 
registered license.  
 
 
 
 
CHAPTER XVII  
WAIVER OF PATENT RIGHT A ND CHANGES TO A PATENT  
 
1. Submitting a request  for registration of patent waiver  
 
1.1 The request for registration of patent waiver, provided by Article 71 of the Law, is 
subm itted to GDPT through form FP8. Along with the request , the applicant must 
submit the following documents:(Repealed, letter "a" through  DCM no. 38, dated 21.1.2015)  
 
b) authorization for representation when the request is submitted by the representative 
of the patent owner;  
 
c) when a license contract is registered in the patent register  for this patent , the 
statement issued by the licensee, where he claims that he is aware of the waiver request 
in accordance with the provision of point 3 of Article 71 of the La w; 
 
ç) when a court procedure has been initiated for the patent rights, the statement issued 
by the plaintiff, where he declares that he agrees for the  waiver  registration.  
 
2. Review of the request by GDPT  
 
2.1 GDPT examines the request for a waiver  if it is in accordance with the provisions of 
point 1 of this Chapter and in case there are deficiencies, notifies the applicant to make 
the necessary additions within 3 months from the date of notification, otherwise , the 
request is rejected.  
 
2.2 When the req uest for registration of a waiver  of the patent is in accordance with the 
provisions of point 1 of this Chapter, GDPT registers the waiver  in the patent register, 
notifies the applicant and publishes the waiver  in the Industrial Property Bulletin.  
 
2.3 
2.4 repealed  
 
3. Filing a  request for registration in the patent register of changes in patent claims  
 
(In point 3.1 additions and changes were made, through  DCM no. 38, dated 21.1.2015)  
 
3.1 The owner of a patent may request registration in the patent register of changes in 
the patent claims when these changes are the result of a procedure provided by Article 
82 point 3 and 87 / d point 3 of the Law within the time limit provided in these articles. 
The request for change of claims consists of:  
a) form FP7 signed by  the patent owner or his representative;  
 
b) authorization for representation if the request is submitted by the representative 
of the patent owner;  
 
c) document of publication fee payment.   
ç) amended claims translated into Albanian and notarized in written and  electronic 
form.  
 
d) the decision for the renewal of the patent with changed claims  
 
4. Review of the request by GDPT  
 
4.1 GDPT examines the request for registration in the patent register of changes in 
patent claims if it is in accordance with the provis ions of point 3 of this Chapter and in 
case of defects, notifies the applicant to make the necessary additions within 3 months 
from the date of notification, otherwise , the request is rejected.  
 
4.2 When the request for registration in the patent register of changes in patent  claims is 
in accordance with the provisions of point 3  of this Chapter, GDPT registers the 
changes in the patent claims of the patent register, notifies the applicant and publishes 
the changes in the Industrial Property Bulletin.5.. F iling and reviewing a  request for  patent change  
 
5.1 The owner of a patent may request through a written request filed in the GDPT and 
against payment of the relevant fee, the making of changes to a patent to correct errors 
or unintentional formal inaccur acies, when these errors were made by the applicant in 
the patent application and that have nothing to do with the essence of the patent. GDPT 
issues notice of acceptance of changes  and publish changes made to a patent in the 
Industrial Property Bulletin  
 
 
 
 
 
 
(CHAPTER XVIII is added, through  DCM NO. 38, dated 21.1.2015)  
 
CHAPTER XVIII  
APPEALS TO THE BOARD OF APPEAL  
 
1. Submission of the request  
 
1.1 Not later than  three months from the date of receipt of the notice of rejection, the 
applicant has the right  to appeal the decision of the GDPT, following  Article 28 point 3 
of the Law, by filing in  the GDPT:  
 
a) the appeal through FP10 form signed by the applicant or his representative;  
b) the payment  of the fee  for appealing ; 
c) the authorization of representation when  the appeal is filed by the applicant's 
representative.  
 
2. Review of the request by the board of appeal  
 
2.1 The Board of Appeal examines in advance whether the appeal meets the 
requirements of point 1.1 of this chapter and if these requirements are not m et, the 
Board of Appeals notifies the appellant in writing that his request is considered 
unsubmitted.  
 
2.2 During the review, the board of appeal has the right to request the appellant of the 
decision to submit additional materials and other documents wit hin one month from the 
date of notification.   
2.3 When the request for appeal meets the requirements of point 1 of this chapter, the 
board of appeal reviews the request for appeal within three months from the date of its 
submission and notifies the appella nt of the decision taken. The appellant has the right 
to appeal in court the decision of the board of appeal, within 30 days from receiving 
notice of the decision of the board, following  Article 28 point 3 of the Law.  
 
3. Treatment of the patent after deciding on the appeal  
 
3.1 When the board  of appeal decides to accept the appeal and the decision is not 
appealed in court, a copy of the board decision is filed in the patent application file and 
the examiner continues the procedure for issuing the patent following  the provisions of 
the Law and this regulation. 
3.2 When the board of appeal decides to dismiss the appeal and the decision is not 
appealed in court, a copy of the board decision is filed in the patent application file and 
the refusal  becomes final . 
 
3.3 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 the GDPT refuses the 
application or issues the patent in accordance with the court decision.  
 
 
CHAPTER X IX 
INVENTIONS RELATED TO PROTECTION AND SECURITY  
 
1. Classification of patent application as a state secret  
 
1.1 Following  the provision of Article 31 point 2 of the Law, when GDPT classifies an 
application for patent  as a "state secret", it notifies in wr iting the applicant. The 
applicant, not later than  three months from the date of receipt of notice , must submit to 
the GDPT a written statement expressing his /her will with regard to  the assessment 
made.  
 
1.2 In case the applicant, under  point 1.1 of this chapter, agrees  with the assessment of 
GDPT, the application is sent to the Ministry of Defense for examination.  
 
2. Opposing the classification of the patent as a state secret  
 
2.1 If the applicant, under  point 1.1 of this chapter, declares that he does n ot accept the 
GDPT assessment that the invention constitutes a "state secret", he must within one 
month from the date of submission of the statement cited in point 1.1 of this chapter, 
submit to GDPT the evidence on which he bases his claims. If after revi ewing the 
evidence submitted by the applicant, GDPT decides that the invention does not 
constitute a "state secret", it initiates the procedure of examination and issuance of the 
patent, following  the provisions of the Law and this regulation.  
 
2.2 In case  the applicant, under  point 1.1 of this chapter, declares that he does not 
accept the GDPT assessment, but is not able to bring evidence to overturn this 
assessment or when the evidence provided by him is insufficient to Proving his claims, 
GDPT sends the application to the Ministry of Defense for examination.  
 
3. Treatment of the patent after its devaluation as a state secret  
 3.1 If an invention that is "state secret" is no longer considered as such, the Ministry of 
Defense sends the entire patent file to  the GDPT, which registers it in the patent 
register, issues the patent and publishes it in accordance with point 4. of Article 26 of 
the Law.   
 
 
 
 
CHAPTER XX  
INTERNATIONAL APPLICATIONS FILED IN  GDPT
 
1. General principles  
 
1.1 Under  Article 77 of the Law , GDPT acts as a reception office according to the TBP, 
if the applicant is a permanent resident or a citizen of the Republic of Albania. In this 
case, the international application is filed in Albanian or English at the GDPT and is 
accompanied by the rele vant fee  payment . The fee must be paid within one month from 
the date of submission of the application.  
 
1.2 GDPT examines the international application following  the provisions of the Patent 
Cooperation Treaty and the regulations issued in its implementat ion. 
 
CHAPTER XXI  
 
GRANTING  SUPPLEMENTARY  PROTECTION CERTIFICATES FOR  
MEDICINES  AND PLANT PROTECTION PRODUCTS  
 
1. Applying  for a certificate  
 
1.1 Under  Article 103 of the Law, application  for a supplementary protection certificate 
may be submitted to the G DPT by the owner of the basic patent or his legal successor, 
or their representative, within six months of the date in which it received  authorization 
to place  the product on the market as medicine  or plant protection product . 
 
1.2 Under  Article 103 of the  Law, if authorization to place  the product on the market 
was granted before the basic patent was granted, the application for a supplementary 
protection certificate must be submitted to the GDPT within six months of the date on 
which the patent was grante d. 
 
2. Key elements of an  application  for a certificate  
 2.1 Under  Article 104 of the Law, the application for a supplementary protection 
certificate must contain:  
 
a) FP12 form  must contain: the applicant’s name and address; the representative’s 
name and add ress if the applicant has appointed a representative, the basic patent 
number and title of the invention as well as the number and date of the first 
authorization to place  the product in the market;  
 
b) the document of certificate application fee  payment ; 
 
c) a copy of the authorization for placing the product in the market, in which the 
product is identified, as well as in particular the number and date of the authorization as 
well as the summary of the characteristics of the product;  
 
ç) in the case when the au thorization mentioned in letter “c” of this point is not the first 
authorization for placing the product in  the market, the product’s data for which such 
authorization has been issued, the legal basis, where the procedure is based for the 
issuance of the a uthorization, together with a copy of the notification of the official 
publication of the authorization or, where this is not possible, any other document 
proving that the authorization has been issued, its issuance date, and the product for 
which it was i ssued.  
 
3. Examination of the application for a certificate  
 
3.1 In case the application for a certificate and the product to which it relates do not 
meet the conditions provided in Chapter XVI of the Law and point 1.1, 1.2 and 2.1 of 
this chapter, GDPT no tifies the applicant in writing to complete the deficiencies , within 
6 months  from the date of receipt of the notice. 
3.2 When the applicant does not complete  the defects of  the application within the 
deadline  set, GDPT rejects the application, notifies t he applicant and publishes the 
rejection notice in the Industrial Property Bulletin. The publication of the rejection 
notice must contain the data provided in point 4.1 of this chapter.  
 
3.3 Pursuant to Article 106 of the Law, i f the application for a cert ificate and the 
product to which it relates, meet the conditions set out in Chapter XVI of the Law and 
point 1.1, 1.2 and 2.1 of this Chapter, GDPT issues a filing acceptance notification of 
the application  for a certificate  and has it published . 
 
4. Publi cation of certificate application  
 
4.1 Under  Article 107 of the Law, the publication of application for a certificate must 
contain at least the following information:  
 
a) applicant’s name and address;  
b) basic patent number;  
c) the title of the invention;  
 
ç) the numbe r and date of the authorization for placing the product in the market 
and the identified product in this authorization   
 
5. Publication of issued certificate  
 
5.1 If, after 3 months from the publication of the application for the supplementary 
protec tion certificate, no opposition  to the published application has been filed with the 
GDPT, the GDPT issues the certificate and publishes in the Industrial Property Bulletin, 
the following data:  
 
a) name and address of the certificate holder;  
b) basic patent numb er; 
c) the title of the invention;  
ç) number and date of authorization for placing the product in the market and the product 
identified in this authorization;  
d) the duration of the certificate.  
 
6. Filing an application for declaring the certificate of suppleme ntary protection 
invalid  7. 6.1 Pursuant to Article 110 point 2 of the Law, any person may submit to the GDPT, 
a request for the declaration of invalidity of the certificate of supplementary  protection, 
through the FP13  form . The request must contain the fol lowing data:  
 
a) the name and address of the claimant;  
 
b) the name and address of the representative if the claimant has appointed a 
representative to follow the procedures at the GDPT;  
 
c) name and address of the certificate holder;  
ç) basic patent number;  
d) the title of the invention;  
dh) the legal reasons for which the invalidity of the certificate is required . 
 
6.2 The request mentioned in point 6.1 of this chapter, must be accompanied by:  
a) the document of the respective fee  payment ;  
b) authorization for repre sentation if the claimant has appointed a representative;  
c) the evidence on which the claimant bases his claim. 
7. Review of the request by GDPT  
 
7.1 The Board of Appeals examines the request for a declaration of invalidity of the 
certificate of supplementa ry protection if it is in accordance with the provisions of point 
6.1 and 6.2 of this chapter, within 6 months from its submission. If the request does not 
comply with the provisions of point 6.1 and 6.2 of this chapter, GDPT notifies the 
applicant to comp lete the deficiencies within 3 months from the date of notification.  
 
7.2 If the claimant fails to address the deficiencies within the prescribed time limit, the 
Board of appeal  rejects the claim and notifies the claimant in writing. If the request has 
no deficiencies or the deficiencies are fulfilled within the deadline provided in point 7.1 
of this chapter, the board of appeal thoroughly examines the request.  
 
7.3 The Board of Appeals shall notify the holder of the supplementary certificate of the 
applica tion for a declaration of invalidity of the certificate within one month from the 
date of filing of the application and shall request him to submit his explanations of the 
application. The Board of Appeal during the review of the request may request the 
parties to submit explanations and additional documents necessary for the review, 
specifying the deadline within which they must be submitted.  
 
7.4 At the end of the review, the board of appeal  decides on the request and notifies the 
parties in writing of th e decision taken. The decision of the board of appeal may be 
appealed in court within 30 days from the date of receipt of the notice.  
 
8. Treatment of the patent after the decision on the request  for invalidity of the 
supplementary protection certificate  
 
8.1 If at the end of the review, the GDPT or the court in the case of an appeal, decides 
that the certificate of supplementary protection is invalid, the GDPT publishes in the 
Industrial Property Bulletin the declaration of its invalidity and reflects the cha nges in 
the patent register.  
 
9. Duration of the certificate  
 
9.1 Under  Article 108 of the Law, the certificate of supplementary protection enters 
into force at the end of the timeline  provided in the law o n the basic patent, for a period 
equal to the period that has passed starting from  the date on which the application was 
filed on the date of first authorization for placing  the product in the market, reducing it 
to a period of five years. Notwithstanding this, the duration of the certificate may not exceed five years from the date on which it enters into force. Any period of termination 
shorter than 12 months will be treated as a whole year . 
 
10. Certificate renewal  
 
10.1. The fee for renewal of the supplementary protection certificate will be paid for 
each year of its lifespan . The procedures to be followed for the renewal of the 
certificate are the same as those for the renewal of the basic patent.  
 
11. Expir y of the certificate  duration  
11.1 The supplementary protection certificate expires:  
a) at the end of t he period provided in point 9.1 of this chapter;  
b) if the certificate holder waives;c) if the set annual fee is not paid on time;  
 
ç) if and when the product covered by the certificate can no longer be placed on the 
market, after waiving his rights from  the appropriate authorization for placing the 
product on the market. GDPT may decide to end the certificate on its own initiative or 
at the request of a third party.  
 
11.2 If the certificate expires , GDPT issues a written notice and has it publishe d. 
 
 
 
 
 
 
CHAPTER XXII  
INSPECTION OF FILE AND OTHER DOCUMENTS  
ISSU ED BY GDPT  RELATED TO PATENTS  
 
1. Investigations and extracts from the patent register  
 
1.1 Pursuant to Article 192 point 2 and Article 194 of the Law, GDPT issues 
extracts from the patent register as w ell as answers to requests for an 
investigation.  
 
1.2 The request for a regist er extract of a patent is submitted to the GDPT in writing, 
accompanied by the relevant fee  payment  document , otherwise , the request is 
considered unsubmitted. The regist er extra ct issued by GDPT contains all patent data 
and the history of changes it has undergone.  
 
1.3 The request for an investigation in relation to a patent is submitted to the GDPT in 
writing, accompanied by the document of the relevant fee  payment , otherwise , the 
request is considered unsubmitted. GDPT notifies the claimant in writing of the 
outcome of the investigation in the patent register.  
 
2. Requirements for a Duplicate  
 
2.1 The owner of a patent has the right to request a duplicate of the patent, its ren ewal 
notification o r other notices  issued by the GDPT to register changes in the patent 
register, through a written request which must be accompanied by the document of the 
relevant fee payment and by the authorization for representation when the request i s submitted by the representative of the patent owner, otherwise , the request is considered 
unsubmitted.  
 
3. Request for priority document of the patent  
 
3.1 The applicant who has filed a patent application in the GDPT, has the right to 
request a priority document for the patent, within 12 months from the date of filing the 
patent application, against payment of the relevant fee. The priority document issued by 
GDPT contains the following data:  
 
a) date and filing  number;  
b) applicant’s name and address;  
c) inventor ’s name and address;  
 
ç) the symbol of the international patent 
classification;  
d) the title of the invention;dh) description of the invention;  
 
e) claims ; 
ë) drawings;  
 
f) abstract.  
 
4. Request for inspection of a patent file  
 
4.1 Any person may inspect the f ile of a patent in accordance with the provisions of 
Article 30 of the Law against the submission of a written request and payment of the 
relevant fee. Files related to a patent application that have not been published may not 
be inspected without the cons ent of the applicant.  
 
4.2. Some documents are not considered part of the open file for inspection. Such 
documents shall contain, in particular, draft decisions and opinions or other documents 
used for the preparation of decisions, the designation of the i nventor, if he has requested 
not to be mentioned as an inventor in accordance with Article 16 point 2 of the Law, 
and any  document  excluded from the GDPT file on the grounds that the inspection of 
that document does not provide  to the public the type of in formation it requests and for 
which it is titled.  
 
5. Correction of errors in documents issued by GDPT  
 
5.1 In case of issuance by GDPT of acts containing errors or inaccuracies not due to  the 
applicant ’s or patent owner ’s fault , their correction is made b y GDPT based on a 
written request submitted by the applicant or the patent owner. GDPT reissues the 
corrected act, after the applicant or the patent owner has submitted to GDPT the 
original act for which the correction is requested, makes the reflection of  the correction 
in the patent register and publishes it in the Industrial Property Bulletin. When the re -
issuance of the deed is impossible, GDPT corrects the error in the patent register and 
notifies in writing the applicant or the patent owner for the co rrection made.  
 
 
 
 
 
 
 
 CHAPTER XXIII  
EUROPEAN PATENT APPLICATIONS  
 
1. Submitting the request  for the validity of the European patent  
 
1.1 The request for the validity of the European patent provided by Article 87 /d is 
submitted to the GDPT through FP 1 form  within 3 months from the date of publication 
of the decision to grant the patent by EPO. The mentioned deadline can be extended by 
one month if the applicant pays the additional fee for further consideration. Along with 
the request, the applicant must sub mit the following documents:  
 
1) English translation of the specifications of the European patent granted if it has 
not been issued in English, 
2) Albanian translation of European patent claims; When the claim contains reference 
signs  used in drawings, these dr awings are attached to the translation  
3) publication fee payment document  
4) Authorization for representation  
 
2. Review of the request by GDPT.  
 
2.1 GDPT examines the request  for the validity of the European patent and if the 
application meets the requirements of  point 1.1 of this chapter GDPT, issues the 
notification for recognition of the validity of the European Patent.  
 
2.2 If the application does not meet only point 4 of the requirements provided in point 
1.1 of this chapter, GDPT issues the notification  for completion of irregularities within 
2 months from the date of issuance of the notification  otherwise rejects the request. 
Under  Article 34 of Law 9947 dated 07/07/2008 "On Industrial Property" this deadline 
can be extended at the request of the applicant b y 3 months against the payment of the 
fee for further consideration.  
 
2.3 If the claims provided for in points 1, 2 and 3, in point 1.1 of this chapter have not 
been filed in due time or the prescribed fee has not been paid in due time, GDPT 
refuses to rec ognize the validity of the European Patent and notifies the applicant in 
writing.  
 
3. Applying for changes in European patent claims  
 
3.1 The request for changes in the European patent claims provided by point 3 of article 
87 / d, is submitted to GDPT thro ugh FP7 form within 3 months from the date of 
publication of the decision for keeping in effect  the changes made or the restriction, by 
EPO . The mentioned deadline can be extended by one month if the applicant pays the 
additional fee for further considerat ion. Along with the request for the difference in 
claims, the applicant must also submit the following documents:  
 
1) the decision to change the claims  
 
2) Albanian translation of European patent claims. When the claim contains reference,  
signs  used in the drawi ngs, these drawings are attached to the translation.  
 
3) Receipt of p ublication fee payment  
4) Authorization of representation   
4. Review of the request  for changes in European patent claims by  
GDPT  
 
4.1 GDPT examines the request for changes in European patent clai ms, and if the 
application meets the requirements of point 3.1 of this chapter GDPT, issues 
notification for recognition of the change in European patent claims  
 
4.2 If the application does not meet only point 4 of the requirements provided in point 
3.1 of  this chapter, GDPT issues notification  for completion of irregularities within the 
timeline of  2 month s from the date of issuance of the notification  otherwise  it rejects 
the request. Under  Article 34 of Law 9947 dated 07/07/2008 "On Industrial Property" 
this deadline can be extended at the request of the applicant by up to 3 months against 
the payment of the fee for further consideration.  
4.3 If the requirements provided in points 1, 2 and 3,  in point 3.1 of this chapter have 
not been filed in due time or the prescribed fee has not been paid in due time, GDPT 
rejects the request for changes in European patent claims and also at the same time 
invalidates  the European Patent and notifies the app licant in writing.