WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ALB/P/3 
30 July 2010 
 (10-4098) 
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original:   English/ 
 anglais/  inglés 
 
  
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
ALBANIA 
   The present text
1 reproduces the Council of Ministers Decision No. 1707 of 
29 December 2008 on approving the regulation on i ssuance of patents for inventions and utility 
models, as notified by the Delegation of Al bania on 16 June 2010 under Article 63.2 of the 
Agreement (see document IP/N/1/ALB/4). __________________________________________________________________________________ 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ALBANIE 
   Le présent document contient le texte
1 de la Décision du Conseil des Ministres n° 1707 du 
29 décembre 2008 portant approbation du  règlement relatif à l'octroi de brevets pour les inventions et 
les modèles d'utilité, notifiée par la délégation de l'Al banie le 16 juin 2010 au tit re de l'article 63:2 de 
l'Accord (voir le document IP/N/1/ALB/4). __________________________________________________________________________________ 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
 
NOTIFICACIÓN DE LEYES Y REGLAMENTOS DE CONFORMIDAD 
CON EL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ALBANIA 
 
 
 En el presente documento se reproduce el texto
1 de la Decisión Nº 1707 del Consejo de 
Ministros, de 29 de diciembre de 2008, sobre la ap robación del Reglamento relativo a la concesión de 
patentes de invenciones y modelos de utilidad, notifi cada por la delegación de Albania el 16 de junio 
de 2010 en virtud del párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/ALB/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/ALB/P/3 
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DECISION 
 
No 1707 of 29 December 2008 
 
ON APPROVING THE REGULATION “ON ISSUANCE OF PATENTS FOR 
INVENTIONS AND UTILITY MODELS” 
  
Pursuant to Article 100 of the Constitution and to Ar ticles 11, 17, 18, 20, 24, 26, 29-31, 34, 35, 49, 50, 
70, 75, 97, 99 and 202 of the Law No 9947 of 7 July 2008, "On Industrial Property," upon the 
proposal of the Ministry of Economy, Trade and Energy, the Council of Ministers   
DECIDED: 
 
1. To approve the regulation “On Issuance of Patent s of Inventions and Utility Models” as per the text 
attached with this decision.  2. To designate the Directorate General of Pate nts and Trademark for the implementation of this 
decision. 
 
3. Order No 4 of 8 December 1994 of the Committe e of Science and Technology, “Rules on Patents, 
Utility Models and Industrial Designs" is repealed.  This decision shall enter into force afte r publication in the Official Journal. 
 
 
  PRIME MINISTER 
  Sali Berisha 
 
 
 
REGULATION 
ON ISSUANCE OF PATENTS FO R ISSUANCE OF PATENTS  
FOR INVENTIONS AND UTILITY MODELS 
 
CHAPTER I 
GENERAL PROVISIONS 
 
1. Purpose  1.1 The purpose of this regulation is to defi ne the rules and procedures with respect to: 
 
a) granting patents for inventions and utility models;  b) renewal of patents for patents and utility models; 
 
c) issuance of supplementary protection certificates for medicinal products and plant 
protection products;  ç) other changes to the register of patents. 
  IP/N/1/ALB/P/3 
 Page 3 
 
 
  2. Definitions 
 2.1 For purpose of this regulation, the following terms shall mean:  
a) “PCT” means the Patent Cooperation Tr eaty, approved in Washington on 19.6.1970, 
together with additional amendments. 
 b) “European Patent Convention” (EPC) means the European Patent Convention, approved on 
5 October 1973, together with  the additional amendments. 
 
c) “Paris Convention” shall mean the convention “For the Protection of Industrial Property,” 
approved in Paris on 20 March 1883, togeth er with the additional amendments. 
 ç) “International Exposition” means the expos ition or fair in the meaning used in the 
Convention “On International Expositions,” approved in Pari s on 22 November 1928, with 
the additional amendments. 
 d) “Application for European patent” means th e application for patent filed in accordance 
with the European Patent Convention (EPC), as well as the international application filed in 
accordance with the Patent Cooperation Treaty (P CT) for which the European Patent Office 
(EPO) acts as a designate or selected office for applications for which Albania is designated; 
 
dh) “Extended European Patent” means the Eur opean patent issued by the EPO, based on the 
application for European patent, which has been sough to extend to Albania;  e) “Application for national patent” means the app lication for patent, which shall be filed with 
DGPT in accordance with Law No 9947 of 7 July 2008, "On Industrial Property"; 
 ë) “National patent” means the patent issued  on the basis of the application for national 
patent;  f) “International application” shall mean the app lication for patent filed in conformity with 
PCT and its respective implementing regulations; 
 g) “Law” means Law No 9947 of 7 July 2008, "On Industrial Property". 
 3. General principles 
 
3.1 DGPT shall examine filed applications and ot her acts in accordance with the provisions of Law 
No 9947 of 7 July 2008, "On Industria l Property" and of this regulation. 
 3.2 DGPT actions with respect to such applications  shall be based solely on documents in writing. 
Applications and any other type of documentati on filed with DGPT shall be in print and in the 
Albanian language. 
 3.3 DGPT shall establish and manage the electroni c database, which will store all the conducted 
actions with respect to the patents.  
4. Types of Applications 
 4.1 Applications that may be filed with DG PT with respect to patents are as follows: 
 
a) Application for patent through the FP 1 form (Annex 1 of the regulation); IP/N/1/ALB/P/3 
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b) Application for patent renewal through the FP 2 form (Annex 1 of the regulation); 
 c) Application for transfer of the patent ow nership through the FP3 form (Annex 1 of the 
regulation) 
 
ç) Application for the change of name of the patent owner, through the FP4 form (Annex 1 of 
the regulation);  d) Application for the change of address of th e patent owner, through the FP5 (Annex 1 of the 
regulation); 
 dh) Application for the registration of the license contract of the mark through the FP6 form (Annex 1 of the regulation);  
e) Application for amendments of claims  through FP7 (Annex 1 of the regulation); 
 ë) Application for the surrender of the patent through the FM8 form (Annex 1 of the regulation);  f) Application for the opposition to the issuance of the patent through the FP9 form (Annex 1 
of the regulation); 
 g) Application for the appeal against DGPT d ecision on the refusal of the application for 
patent through the FP10 form (Annex 1 of the regulation).  
gj) Application for re-establishment of rights through the FP11 (Annex 1 of the regulation); 
 h) Application for granting the supplementary  protection certificate through the FP12 form 
(Annex 1 of the regulation);  i) Application for the invalidation of the s upplementary protection through the FP13 form 
(Annex 1 of the regulation); 
 j) Application to change the application for patent into an application for utility model 
through the FP14 (Annex 1 of the regulation);  
k) Application for the separation of the initial application for invention FP15 (Annex 1 of the 
regulation). 
 5. Utility models  5.1 The provisions of this regulation with resp ect to filing of the application and examination 
procedures of applications for patents of inve ntions shall equally apply to utility models. 
 5.2 The application to change an application for inve ntion patent into an application for utility model, 
provided for by Article 91 of the La w, shall be filed with the DGPT by the applicant through the FP14 
form, prior to issuance of the patent. The applica tion shall be signed by the applicant and shall be 
accompanied also with the document of payment of the respective fee. DGPT shall examine the 
application within three months from its filing date and shall notify the applicant in writing in respect 
to the taken decision. In the case where the applicat ion is refused, the notification shall also contain 
the grounds for refusal.   IP/N/1/ALB/P/3 
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CHAPTER II 
FILING OF APPLICATION FOR INTERNATIONAL PATENT 
 
1. Filing of application 
 
1.1 The application for the grant of a patent shall be filed through FP1 form, which shall be signed by 
the applicant or his representative and is submitted to DGPT Protocol Office. The FP1 form may also 
be sent to DGPT by mail or via fax by the applicant or his representative. In the case of filing via fax, 
the applicant shall submit to DGPT within one month from the date of fax submission the original of 
the document, otherwise the applica tion shall be considered unfiled. 
 1.2 The application file shall contain the list of th e filed documents (file inde x), which shall be signed 
by the applicant or his representative.  
1.3 The application for patent shall be filed for a single invention or a group of inventions, which are 
related in such a way as to form one sole a nd general invention concept patent or a group. 
 1.4 On the day of receipt of the application for patent, FP1, the DGPT Protocol Office shall note down on the form the filing date and hour of the app lication and the number of such application. 
 
2. Elements contained in an application for patent 
 2.1 In accordance with Article 17 of the Law, an application shall contain:  
a) the FP1 form signed by the applicant or his representative, which at the moment of filing 
shall specifically contain data including the name and address of the applicant, inventors and 
of the authorized representative; tile of invention and the priority  declaration, if priority is 
claimed:  b) a description of the invention;  
c) one or more claims; 
 ç) drawings, referred to in the description or the claims;  d) an abstract; 
 
dh) a priority document if priority is claimed;  e) power of attorney where the application is filed by the representative of the applicant. The 
power of attorney shall contain the signature of the applicant certified by a notary, in the case 
where the applicant is a natural person and the signature and stamp of the legal representative, 
where the applicant is a legal person; 
 ë) declaration by the inventor/s which states th e will for issuing the patent under the name of 
the applicant. The declaration of the inventor shall be a notarized act;  
f) document showing the payment of the filing fee. 
 2.2 In the case where the invention has been made pub lic, in conformity with Article 11(1/c) of the 
Law, the applicant shall submit to DGPT the respecti ve certificate issued by the respective authorities 
of the international exposition within three months from the filing date of the application for patent. IP/N/1/ALB/P/3 
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3. Specific requirements for the patent app lications with respect to micro-organisms 
 3.1 If the invention involves the use of a biologic mate rial or where it is deal with such a material, 
which is not publicly found and may not be described  in the application and in order for this to 
become enabled by a qualified professional of the field, it shall be needed: 
 
a) a culture of the micro-organism shall be deposited in an institution designated for this 
purpose by the respective legislation into force;  
b) the applicant shall declare in his applica tion the depositary institution and number of the 
culture, as well as the information available to  the applicant on the characteristics of the 
biological matter;  c) the applicant, in addition to the applica tion, shall submit also the depositary certificate 
issued by the depositary institution. 
 4. Other requirements in respect to the application  4.1 The applicant shall send electronically all the mate rial related to the application for patent to the 
address assigned for such purpose by DGPT within tw o weeks from the filing of the application, 
otherwise DGPT shall not issue the filing certificate, but, it shall not affect the filing date. 
 5. Changes to or withdrawal of application prior to patent issuance  5.1 Upon a request in writing, which is filed with  DGPT prior to the date of patent issuance, the 
applicant may require that chang es are performed and correction of formal errors is made to the 
application for patent, subject to the payment of the designated fee.  5.2 The applicant shall have the right to withdraw th e application for patent at any time prior to patent 
issuance, by filing a request in writing with DGPT.  
 
CHAPTER III 
CRITERIA FOR THE ELEMENTS OF APPLICATION FOR PATENT 
DESCRIPTION, CLAIMS, ABSTRACT AND DRAWINGS 
 1. Description of invention 
 1.1 The description of the invention shall contain:  
a) title of invention, as represented in the appli cation. The title of the invention shall be as 
short and descriptive as possible; 
 
b) file of the technique related to the invention;  c) previous achievements, for as much inform ation as the applicant has available, may be 
useful to understand and examine the inventio n and, possibly, reference of the documents 
where it is reflected; 
 ç) explanation of the invention, so that it is  understandable by the experts of the field and 
provide the effects of its advantages, if any,  taking reference to previous achievements; 
  IP/N/1/ALB/P/3 
 Page 7 
 
 
  d) description of the indicative elements of drawings, if any; 
 dh) a description of the best way thought by the applicant to apply the invention. Such 
description should be made by examples and, wher e appropriate, referring to drawings, if any; 
 
e) indicate clearly, where it does not result from th e description or nature of the invention, the 
way how the invention is applicable to th e industry and the way how it can produced or 
applied, or, if it can be used separately, the modality of use. 
 1.2 Modalities and order provided for by point 1.1 sh all be followed anytime,  except for those cases 
where due to the nature of the invention, a diffe rent modality or order would result to be more 
understandable.  2. Form and content of claims on invention  
2.1 The number of claims shall be reasonable, taking  into account the nature of the invention and the 
claims shall be put in numerical order. Claims shal l refer to the respective part of the description or 
drawings and shall contain:  
a) a statement indicating those technical featur es of the invention which are indispensable to 
determine the parts of the further achievement but which, by combination, are part of the 
previous achievements; 
 b) a descriptive part which starts with the words “characterized by”, “what the invention 
consists of” or other words which provide the sa me effect and affirm concisely the technical 
features, which by being combined with the featur es referred to in letter ”a” of this point are 
required to be protected as an invention. 
 2.2 Independent claim shall be a claim which contains all the features of one or several other claims, which affirm the additional claimed features, if possible, since the beginning. The dependent claim 
which refers to more than one claim (multi depende nt claim) shall refer to such claims only as a 
possible option. Multi dependent claims shall not  serve as grounds for any multi dependent claim. 
 
2.3 A dependent claim shall be deemed to contain all the restrictions comprised within the claim it refers to. Where the claim is multi dependent, it sh all be deemed to contain all the restrictions 
comprised with the specific claim with respect to which it has been taken into consideration. All 
dependent claims which refer to one or several prev ious claims shall be grouped in the most practical 
way possible. 
 3. Drawings or graphic image  3.1 The application for patent shall contain a ll those drawings or graphic images which are 
indispensable to understand the invention, to subm it it thoroughly, to clarify ambivalent or unclear 
wordings provided in, as well as to imagine the described object. 
 3.2 The invention description and drawings shall be  directly linked by means of reference signs, 
which may be numbers or letters. Reference signs shall be placed on both documents, the description 
and drawings, which shall accurate ly correspond with one another. 
 
3.3 The reference sign on the claims and abstract sha ll be put between the brackets, in order to show 
that the text is possible to understand even without them and that the examples described in drawings 
shall not restrict the subject of the respective claim.  IP/N/1/ALB/P/3 
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  3.4 Drawings of the application for patent shall not  be production sketches; they shall not contain all 
the relevant details and elements for the concrete realization of a product and they shall not indicate 
the exact drawing dimensions. They shall be sc hematic drawings which enable evidence of the 
distinctive features of the invention.  
3.5 Drawings included in the application for patent  shall be such as to enable their reproduction by 
means of photocopying, printing or other similar processe s, so they are easily used for the publication 
of the patent.  3.6 Drawings and chemical formula, if there is any, shall be compiled in full compliance with the 
standards of the technical jargon and that of chemical symbols. 
 3.7 The surface used in the papers containing the drawings shall not exceed the size 26.2 cm x 17cm. 
These papers shall have no borders  around the usable or used surfa ce. The minimum allowed margins 
shall be as follows: 
 
a) top margin 2.5 cm;  b) left margin 2.5 cm;  c) right margin 1.5 cm; 
 
ç) bottom margin 1 cm. 
 3.8 Drawings shall be made as follows:  
a) the lines should be well-defined, dens e and dark, and shall not be coloured; 
 b) images of sections and cross-sections shall be indicated by hatched parallel lines, which 
should not hinder clear visibility of the signs of reference and the related lines thereof; 
 c) the drawing scale and graphical clarity shall be such that a photographic reproduction with 
a linear reduction of two thirds would make possi ble that all details are easily distinguished. 
If, by exception, the scale of the drawing h as been provided, it should be graphically 
reflected;  ç) all numbers, letters and signs  of reference shown in drawi ngs shall be clear and simple. 
Brackets, circles or quotation marks shal l not be used for numbers and letters; 
 d) all the lines of drawings shall, as a rule, be drawn by means of design tools;  dh) elements of the same image shall be propor tionate to one another, unless a difference of 
proportion is necessary to obtain clarity of the image; 
 
e) the font size of numbers and le tters shall be no smaller than 0.32 cm, Latin style and, where 
appropriate, Greek style.  ë) the same drawing sheet may contain various images. Where the drawn images in two or 
more sheets of paper are intended to form a whole single image, in order that it is possible to 
present a the image wholly. In order that none of the five of the partial images remains 
undisclosed, such various images shall be positione d without any blank spaces; it is preferable 
that they are placed in a perpendicular position and clearly divided from one another. Where the images are not placed in a perpendicular positio n, they shall be presented in tether to the  IP/N/1/ALB/P/3 
 Page 9 
 
 
  sheet, with the front images placed on top of the sheet. Different images shall be numbered 
consecutively by Arabic numbers and independently of the page numbering;  f) reference signs which are not referred to in the description and claim shall not be included 
in the drawing and the vice versa. Features wh ich are the same and are indicated by reference 
signs shall bear the same signs in an y part of the patent application; 
 g) drawings shall not contain textual matters, such as a potential description of the images, except for the cases where it is ab solutely necessary to include a single word or several words, 
such as “water”, “steam”, “open”, “closed”, “section on AB” etc., and in the case of electric 
circuits and schematic blocks or diagrams of the cards of technological processes, a few key 
words may be used in order to understand the im ages. Any such word shall be placed in such 
a way that, if required, they may be edited by  translation without interfering with any of the 
lines of the drawing;  
gj) drawings shall be the cards of technologi cal processes, schematic blocks and diagrams. 
 4. Content and form of the invention abstract  4.1 The abstract of an invention shall be composed of:  
a) title of the invention; 
 b) a summary of the document, which shall c ontain a description, claims and one or more 
drawings. The abstract shall indicate the tec hnical field under which the invention falls and 
shall be worded in such a way as to provide a clear understanding of the technical problem, 
the essence of the solution of the problem by means of the invention and the main 
application/s of the invention;  c) where applicable, it shall include the chemical  formula which best re presents the invention 
compared to all the formulas contained in the application. 
 
4.2 The abstract shall be as concise as the subject a llows (it is preferable between 50 to 150 words) 
and shall be drafted in such a way as to serve as a quick and efficient mean for research. The abstract 
shall not include any statements on any appraises to or values of the invention or on speculation-based 
applications.  
4.3 Each of the main technical features which is re ferred to and illustrated by drawing in the abstract 
shall be accompanied with the more illustrative drawings to be submitted by the applicant. 
  
CHAPTER IV 
TECHNICAL REQUIREMENTS OF PATENT APPLICATION 
 
1. Terminology and signs  1.1 An application for patent shall meet the following requirements:  
a) the weight and size units shall be expressed in terms of the metric system; 
 b) the temperature shall be expressed in Celsius degrees;  c) density shall be expressed in metric units; IP/N/1/ALB/P/3 
Page 10  
 
   
ç) rules of international practices shall a pply to indicate heat, energy, light, voice and 
magnetism, as well as the mathematical formulas and electric units. With respect to chemical 
formulas, symbols, atomic weight and molecular formulas, practices of common use shall be applied; 
 
d) only technical terms such as signs and sym bols shall be used according to the agreed 
practice. 
 1.2 Terminology and signs shall remain  unchanged throughout the application. 
 
2. Physical requirements for the patent application  2.1 The application and any related document or st atement thereof shall be filed in a single copy. 
DGPT may request submission of an additional copy. 
 
2.2 All the components of the application shall be  submitted in such a way as to allow its direct 
reproduction in an unlimited number of copies by  means of photography, photocopy, microfilming 
etc.  2.3 Each component of the application shall begin in a new page, which is a white A4 paper (29.7 x 
21cm) and only one side of the paper shall be used. 
 2.4 The application components shall be  placed in the order that follows: 
 
a) FP1 form; 
 
b) description;  c) claims;  ç) abstract; 
 
d) drawings. 
 2.5 Pages shall be numbered by using three separate number series. The first series shall apply exclusively to the application and shall start from the first page of the application; the second series 
shall start from the first page of the description and sh all continue to the claims until the last page of 
the abstract. The third series shall be applied only on the pages of drawings and shall start from the 
first page of drawings.   
CHAPTER V 
UNITY OF INVENTION AND DIVISIONAL APPLICATIONS 
 
1. Unity of invention  1.1 For purposes of Article 22 of the Law, the unity of  invention shall be interpreted so as to allow 
one of the following possibilities: 
 
a) in addition to an independent claim on a gi ven product, incorporation of a dependent claim 
in the application, in respect to process that is  specifically adjusted to the production of the  IP/N/1/ALB/P/3 
 Page 11 
 
 
  given product, as well as incorporation in the sa me application of an independent claim with 
respect to the use of the given product;  b) in addition to an independent claim in a given process, incorporation in the same 
application of an independent claim on devices or equipment designed for the application of 
the given process. 
 1.2 In accordance with Article 22 of the Law a si ngle application may incorporate two or more 
independent claims of the same category, which could not be covered by a single general claim. 
 
1.3 In accordance with Article 22 of the Law, a single application may incorporate a reasonable 
number of independent claims, which request sp ecific forms of invention, required from an 
independent claim.  2. Divisional application 
 
2.1 The applicant shall file a request with DGPT fo r the division of the initial application through the 
FP15, which shall contain a reference of the original application.  2.2 The divided application shall enjoy right of priority:  
a) if the submitter of the earlier application clai ms that the divisional application should gain 
priority, that divisional application shall contain such a declaration. In such case, the priority 
documents submitted with the earlier applicati on in accordance with Article 24 of the Law 
shall also apply to the divisional application;  
b) where there are claims of priorities of two or more previous application to the earlier 
application, the divisional application shall onl y benefit those priority/ies applicable to it. 
 2.3 With respect to the filing of any divisional app lication, the applicant shall pay the designated fee 
within two months from the filing date of the divisional application.  
 
CHAPTER VI 
GETTING KNOWLEDGE OF THE DEPO SITED BIOLOGICAL MATERIAL 
 
1. The criteria to be met by the filer of a re quest to be informed on the biological material 
 
1.1 Upon request of any interested individual an d following the granting of permit by the patent 
applicant, that individual may be informed of the deposited culture from the publication date of the 
patent application, provided that he declares in writing that:  
a) he shall not allow any third parties to ga in knowledge of the deposited culture or any 
derivative culture thereof, before the patent appli cation is refused or withdrawn, or before it is 
considered as withdrawn, or prior to expiration of the patent issued with respect to such 
culture;   b) he shall use the deposited culture or an y derivative culture thereof for experimental 
purposes only in the case where the patent applicati on has been refused or withdrawn, or it is 
considered as withdrawn, or until the publicati on date of the patent. This provision shall not 
be applicable insofar as the submitter of the re quest for the deposited culture is using such 
culture on the basis of a non-voluntary license. 
 IP/N/1/ALB/P/3 
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  1.2 From the publication date of the application fo r patent until the publication of the patent or until 
the date in which the application for patent is re fused, withdrawn or consid ered as withdrawn, the 
applicant may inform DGPT that th e deposited culture can be made av ailable to the submitter of the 
request for the deposited culture, so as to gain knowle dge of it, by providing a sample to an expert 
appointed by the submitter of the request. 
 
2. Appointment of the expert  2.1 In accordance with point 1.2 of this chapter an appointed expert shall be: 
 
a) any individual appointed by the seeker of th e culture, provided that the patent applicant 
approves appointment of such expert;  b) any individual recognized as an expert by DGPT. 
 
2.2 The appointment of the expert in this cases shall be accompanied by a guarantee in writing that the 
appointed expert provides to the patent applicant, certifying that the former shall act in conformity with point 1, 2 and 3 of this chapter, defining th us the seeker of the deposited culture as the third 
party.  3. Definition of “derivative culture” 
 
3.1 In accordance with point 1.1/b of  this chapter, “derivative culture” shall be any micro-organism 
culture which continues to bear the characteristics of the deposited culture, which are essential to the 
invention. The declaration referred to in point 1.1 of this chapter shall not prohibit deposition of a 
derivative culture, which is required for the purposes of the patent procedure. 
 
4. Request for getting knowledge of a de posited culture and examination by DGPT 
 4.1 The request for getting knowle dge of a deposited culture sha ll be filed with DGPT through a 
special form recognized by DGPT. DGPT shall certify through such form that a patent application to 
which the micro-organism deposition refers has been filed and that the seeker of the deposited culture 
or the expert appointed by him enjoys the right to obtain a sample of the micro-organism. 
 4.2 DGPT shall send to the depositary institution and to  the applicant for patent or the patent owner a 
copy of the request for gaining knowledge of th e deposited culture, together with the certificate 
provided by point 4.1 of this chapter. 
 
 
CHAPTER VII 
NEW MICRO-ORGANISM DEPOSIT 
 
1. Invalidity of a deposited micro-organism 
 
1.1 In the case where, in accordan ce with Chapter II, point 3.1, a deposited microorganism ceases to 
be valid in the depository due to the following motives:  
a) the micro-organism is not able to survive, 
 
b) the depository institution is unable to meet  the demands for samples or for any other 
motives and, if the micro-organism has not been  transferred to another depository institution, 
through which it may continue to be available,  no interruption of the availability of its 
deposition shall be considered, if a new depos it of the micro-organism that was deposited  IP/N/1/ALB/P/3 
 Page 13 
 
 
  originally for the first time wa s stored within three months from the date in which the 
depositing person is notified of su ch interruption by the depositary institution and a copy of 
the certificate of deposition issued by the institu tion shall be sent to DGPT within four months 
from the date where the number of the patent or patent application is placed on the new deposition. 
 
2. New micro-organism deposition  2.1 In the case provided for by point 1.1/ of this chapter, the new deposition shall be stored in the 
same depository institution wher e the earlier deposition was stored, whereas in the other cases 
referred to in point 1.1/b of this chapter, it may be stored in another depository institution. 
 2.2 Where the institution which stores thee orig inal deposition ceases to being the depository 
institution, either entirely or at least for that type of micro-organism to which the micro-organism 
deposition in question belongs to, or where that institution suspends temporarily or permanently 
performance of its duties with respect to deposited mi cro-organisms, and the notification referred to in 
point 1 of this chapter is not received by the deposito ry institution within six months since the date of 
such occurrence, the three-month period provided by point 1 of this chapter shall begin on the day 
where DGPT is officially notified of that occurrence.  2.3 Any new deposition shall be accompanied by a declaration signed by the depositing person, 
affirming that the re-deposited micr o-organism is the same as the one  originally deposited for the first 
time.   
CHAPTER VIII 
RIGHT TO PRIORITY 
 
1. Filing of the priority document  1.1 In the case of claimed priority, the applicant shall file the priority document with DGPT within 
three months from the filing date of the patent a pplication, in accordance with Article 24(2) of the 
Law. If the applicant fails to submit the document within  such term or the filed document fails to meet 
the requirements of this chapter, DGPT shall not recognize the priority right. 
 1.2 The priority document may be an earlier filing certificate of one or more regional, national or 
international documents filed by the applicant or  his legal representative, in conformity with 
Article 24 of the Law or the certificate issued by the responsible authorities of the exposition where 
the invention was exhibited for the first time, in accordance with Article 24(7) of the Law. 
 1.3 The priority document shall contain:  
a) date of earlier application; 
 
b) number of earlier application;  c) symbol of the international patent classifi cation contained within the earlier application; 
 
ç) name of the state the ear lier application was filed with; 
 d) the office with which the earlier application was filed, in the case where the application has 
been filed with a regional or international office. 
 IP/N/1/ALB/P/3 
Page 14  
 
  1.4 If, at the time of filing the application for patent , the applicant claims priority but the number of 
the earlier application is unknown, the applicant sha ll declare within three months from the filing date 
of the patent application the number of the earlier application and shall submit the priority document. 
 1.5 The applicant may change the content of the prio rity declaration at any time prior to the patent 
issuance. 
 1.6 The priority document filed with DGPT in acco rdance with the requirements of this chapter shall 
be translated in to the Albanian language and shall be notarized.  
 
CHAPTER IX 
EXAMINATION OF PATENT APPLICATION AND PATENT ISSUANCE 
 
1. Order and terms of examination of the application 
 
1.1 Filed applications shall be examined according to their ordinal number. Within three months from 
the application filing date, DGPT shall examin e the application as to whether it meets the 
requirements of Article (1) and (2) of the Law. Th e document provided for by Article 18 (1/a) shall be 
FP1.  
2. Examination of application and recognition of the filing date 
 2.1 In the case where the application meets the re quirements of Article 18 (1) and (2), DGPT shall 
issue the filing certificate to the applicant, recognisi ng as the filing date of receipt of the application 
from DGPT as the filing date. In the case where the a pplicant has submitted the notarized translation 
in the Albanian language of the document provided by  Article 18 (1/c) of the Law within two months 
from the filing date, DGPT shall consider the date of receipt of the application as the filing date. 
 2.2 If the application fails to meet all the require ments provided by 18 (1) and (2) of the Law, DGPT 
shall notify the applicant to make the completions  within three months from the notification date. 
Where the applicant makes the required completions  within the defined term, DGPT shall issue the 
filing recognizing the date of completions as the fili ng date of application. If the applicant fails to 
make the completions within the established term, DGPT shall refuse to file the application and shall 
notify the applicant accordingly.  3. Further examination of the application for patent 
 
3.1. Within three months from the date of issu ance of the filing certificate DGPT shall examine the 
application as to whether it meets the requirements of  Article 17, 19, 20 (3) and 24 of the Law and the 
requirements of Chapter II of this regulation.  3.2 If the application fails to meet the requirements of Article 17, 19, 20 (3) and 24 of the Law and the 
requirements of Chapter II of this regulation,  DGPT shall notify the applicant to make the 
completions within three months from the notifi cation date. If the applicant fails to make the 
completions within the established term, DGPT shall re fuse to file the application and shall notify the 
applicant accordingly. If the applicant makes the comp letions of the application within the established 
term, DGPT shall proceed with the examination of the application, in accordance with point 3.3 and 
3.4. 
 3.3. DGPT shall publish any filed application in the Industrial Property Gazette, immediately after the 
expiration of an 18-month period from the filing date or, where priority is claimed, from the priority  IP/N/1/ALB/P/3 
 Page 15 
 
 
  date. If the applicant requires in writing the early publ ication of the application prior to the expiration 
of the 18-month period and pays the respective fee, DGPT shall immediately publish the application.  3.4 Within 22 months from the filing certificate issu ance date, DGPT shall examine the application as 
to whether it is in compliance with Articles 20 (1), (2), 21 and 22 of the Law and the requirements of 
Chapter III, IV and V of this regulation. If the applic ation fails to meet Articles 20 (1), (2), 21 and 22 
of the Law and the requirements of Chapter III, IV  and V of this regulation, DGPT shall notify the 
applicant to make the relevant completions with in the term established in the notification. 
 3.5 Where deemed appropriate, DGPT shall have th e right to ask for additional documents from the 
applicant for the examination of the application,  by sending a notification in writing and establishing 
the term of their submission.  4. Decision with respect to the application for patent  
4.1 Upon finalization of the examination made in a ccordance with point 3.4 and 3.5 of this Chapter, 
DGPT shall take a decision on whether to issue or refuse the patent and shall inform the applicant 
immediately on the taken decision.  4.2 Where DGPT decides to issue the patent, the ex aminer shall notify the applicant for the payment 
of the tariff of patent issuance within three months  from the receipt of notification. DGPT shall issue 
the patent within three months from the date in  which he submitted to DGPT the document showing 
the payment of the designated fee.  4.3 Where DGPT decides to refuse issuance of the pa tent, it shall notify the applicant in writing on 
such refusal, explaining the grounds for refusal. 
 
4.4 DGPT shall publish any issued patent in the Industrial Property Gazette.  5. Extension of term for completion of the application  5.1 In accordance with Article 34 of the Law, th e applicant may require extension of the term 
provided by point 2.2 and 3.2 of this chapter w ith one additional month, by sending a request in 
writing based on reasonable grounds and against paymen t of the respective. In any case, the request 
for term extension shall be filed with DGPT prio r to the expiration of the three month term for 
completions, provided by point 2.2 and 3.2 of this ch apter. The applicant may not request extension of 
the term for filing priority documents provided for by  Article 24 of the Law and of the request for the 
re-establishment of rights. 
 6. Data contained in the patent  6.1 The patent issued by DGPT shall contain the following data:  
a) number of patent; 
 b) number of national application for patent;  c) filing date; 
 
ç) name and address of patent owner;  d) application priority date;  IP/N/1/ALB/P/3 
Page 16  
 
  dh) effective date of patent issuance; 
 e) title of invention;  ë) claims; 
 
f) publication date and number for the patent application; 
  g) name and date of the inventor/s.  
7. Recognition of the validity of patent 
 7.1 In accordance with Article 28(4) of the Law, th e patent owner shall submit within 10 years from 
the filing date of the application for patent the doc ument which proves the validity of the invention, in 
conformity with Article 5, 6, 7, 9 and 10 of th e Law. The above document shall be issued by an 
international authority recognized by the internati onal agreements in the field of patents for the 
substantiate examination of pate nts. Such document shall be submitted translated in the Albanian 
language and shall be notarized.  7.2 DGPT shall examine the document filed by the patent  owner as to whether it is in conformity with 
the requirements of Article 28(4) and point 7.1 of this chapter. In the case where the document meets 
the above requirements, the examination on the merits of the patent that results from such document is 
positive, DGPT shall recognize validity of the inven tion, shall notify the applicant and makes the 
respective note in the register of patents.  7.3 In the case where the examination on the mer its of the invention resulting from the above 
document is negative, DGPT shall not take the docum ent in consideration and shall notify the patent 
owner accordingly. If the result of the examinati on on the merits is positive only for a part of the 
claims, the patent shall be valid only for those cl aims and DGPT shall issue the relevant notification 
and make a note in the register of patents.  7.4 DGPT shall publish the decision taken with resp ect to the patent in the Industrial Property 
Gazette. 
  
CHAPTER X 
PUBLICATION OF APPLICATION FOR PATENTS AND PATENTS 
 
1. Publication of application for patent  1.1 Based on Article 26 of the Law, GDPT shall publish every application filed with it as soon as 
possible, after the end of a time period of 18 months  from the date of filing or, when there is a claim 
for priority, from the priority date. Nevertheless wh en the applicant requests in writing before the end 
of the 18 month time period that the application be  published prematurely and against payment of the 
respective fee, the GDPT shall publish it in the nearest publication.  
 1.2 The publication of the application for patent shall contain:  
a) filing date and number of application; 
 b) name and address of applicant;   IP/N/1/ALB/P/3 
 Page 17 
 
 
  c) name and address of the inventor, except for the cases where he has required that his name 
is not mentioned;  ç) in case priority is claimed and admitted, priority data;  
d) title of invention; 
 dh) symbol of patent international classification;  e) claims of the application for patent; 
 
ë) description;  f) drawings;  
g) abstract. 
 2. Publication of patent issuance  2.1 Publication of patent issuance shall contain:  
a) number of patent; 
 b) name and address of the patent owner;  c) name and address of the inventor, except for the cases where he has required that his name 
is not mentioned in the patent; 
 ç) filing date and number of application;  d) in case priority is claimed and admitted, priority data;  
dh) effective date of patent issuance; 
 e) title of invention;  ë) most illustrating drawings, if any; 
 
f) symbol of international classification of patents. 
 3. Applications that shall not be published  3.1 DGPT shall not publish applications, in the case wh ere they are withdrawn or refused prior to the 
expiration of the 18-month term, which begins from the filing date or, where there is a priority claim, 
from the priority date.   IP/N/1/ALB/P/3 
Page 18  
 
  CHAPTER XI 
OPPOSITION TO PA TENT ISSUANCE 
 
1. Filing of opposition application  
1.1 Opposition against the issuance of the patent ma y be filed with DGPT by the individuals referred 
to in Article 13 of the Law within nine month from the publication date of patent issuance, by 
submitting the following documents:  
a) the FP9 form for the opposition to the patent; 
 
b) document showing the payment of the opposition fee. 
 1.2 The opponent shall file the following documents:  
a) power of attorney in the case where the oppos ition is filed by the representative of the 
opponent;  b) documents proving that the opponent enjoys th e rights provided by Article 13 of the Law. 
 2. Examination of opposition by the Board of Appeals 
 
2.1 DGPT Board of Appeals shall examine the oppositi on against the issuance of a patent within three 
months from the filing date.  2.2 In the case where the opposition fails to meet the requirements provided by point 1.1 of this 
chapter, the Board of Appeals shall consider  the opposition as unfiled and shall notify the opponent 
accordingly in writing.  2.3 In the case where the opposition fails to meet the requirements of point 1.2 of this chapter, the 
Board of Appeals shall ask the opponent by a notifi cation in writing to complete such shortcomings 
within 30 days from the notification date, otherw ise the opposition shall be considered as unfiled. 
 
2.4 Where the opposition meets all the requirements of point 1 of this chapter, the Board of Appeals 
shall admit the opposition for examination and sha ll send a notification in writing to the patent 
applicant against whom such oppositio n is filed and shall send him a copy of the of the opposition and 
the other relevant documents. The patent owner sha ll have the right to subm it his claims in writing 
with respect to the opposition and any other documen t supporting his claim within three months from 
the notification date.  2.5 In the course of examination, the Board of App eals shall ask the parties in writing to submit other 
additional materials and documents within  one month from the notification date. 
 
2.6 The Board of Appeals shall take a decision with respect to the opposition and shall notify the 
parties in writing with that regard. The decision of  the Board of Appeals may be appealed to court 
within 30 days from the notification receipt.  3. Processing of the application after the decision on the opposition 
 
3.1 Where the Board of Appeals decides to downturn the opposition and the decision is not appealed to court, a copy of the Board decision shall be incl uded in the application file of the application for 
patent and DGPT shall reflect the deci sion in the register of patents. 
  IP/N/1/ALB/P/3 
 Page 19 
 
 
  3.2. In the case where the Board of Appeals upholds the opposition and such decision is not appealed 
to court, a copy of the Board decision shall be incl uded in the patent application file and DGPT shall 
issue the decision for the revocation of the patent a nd shall register the decision in the register of 
patents and makes the publication in the Industrial Property Gazette.  
3.3 In that case where the decision of the Board of  Appeals with respect to the opposition against the 
issuance of a patent is appealed to court, a copy of the final court decision shall be included in the 
patent application file and DGPT shall reflect the cour t decision in the register of patents, and, if the 
patent has been repealed, it shall publish this  decision in the Industrial Property Gazette. 
 
 
CHAPTER XII 
RE-ESTABLISHMENT OF RIGHTS 
 
1. Filing of the application 
 
1.1 In accordance with the provisions of Article 35 of the Law, the applicant for a patent or the patent 
owner may require re-establishment of the right within a month from the receipt date of the 
notification on the refusal of the application for pa tent or of any other app lication, by submitting an 
application in writing, which includes:  
a) FP11 form; 
 b) document showing the payment of the respective fee;  c) power of attorney if the application is s ubmitted by the representative of the applicant or of 
the patent owner. 
 1.2 The owner of a patent that has become invalid, du e to failure of payment of the renewal fee within 
the term established by the law, may require the r eestablishment of the right on the patent at any time 
by submitting the documents referred to  in point 1.1 of this chapter. 
 
2. Examination of application by DGPT 
 2.1 DGPT shall examine the request for the re-establis hment of the right within as to whether it is in 
compliance with Article 35(1) and point 1.1 and 1.2 of this Law three months from its filing. In the 
case where DGPT admits the application for the re-estab lishment of the right, it shall notify the patent 
applicant or owner in writing on the re-establishmen t of the right and on the term within which he 
should make the completions and DGPT shall publish it. The refusal issued by DGPT shall be repealed and the examiner shall continue w ith the procedure in accordance with the law. 
 2.2. If the application for the re-establishment of th e right is not compliant with the requirements of 
Article 35(1) of the Law and point 1.1 and 1.2 of this chapter, DGPT shall refuse the application for 
the re-establishment off the rights and shall notify in writing the applicant or owner of the patent. 
 2.3. In accordance with Article 35 of the Law, the re-establishment of the rights may only be required 
once for each application.  
 IP/N/1/ALB/P/3 
Page 20  
 
  CHAPTER XIII 
CHANGE OF NAME AND/OR ADDRESS OF THE PATENT APPLICANT OR OWNER 
 
1. Filing of the application  
1.1 The owner of a mark may require to change his na me and/or address in the register of patents. The 
application for the change of name  shall be filed with DGPT through the FP4 form and the application 
for the change of address shall be filed through th e FP5 form. In addition to the application, the 
following documents shall be submitted:  
a) the document showing the payment of the designated fee; 
 b) power of attorney, if the application is f iled by the representative of the patent owner; 
 c) in the case where change of the patent owne r name is required, the document proving such 
change. 
 2. Examination of the application by DGPT  2.1 DGPT shall examine the application for the change of name and/or address of the patent owner, if 
it is in conformity with the provisions of point 1. 1 of this chapter and, if such application is 
incomplete, DGPT shall notify the applicant to make the appropriate completions within three months 
from the date of notification, otherw ise the application shall be refused. 
 2.2 Where the application for the change of name and/or address is in accordance with the provisions 
of point 1.1 of this chapter, DGPT shall register th e change in the register of patents and shall notify 
the applicant accordingly, as well on in the Industrial Property Gazette. 
  
CHAPTER XIV 
TRANSFERRING OWNERSHIP OF A PATENT 
 1. Filing of application 
 1.1 The application for transferring ownership of a pa tent, provided by Article 44 of the Law, shall be 
filed with DGPT through the FP3 form by the exis ting or new patent owner. In addition to the 
application, the applicant shall also submit the following documents: 
 
a) the document showing the payment of the designated fee;  b) the power of attorney, if the application is filed by the representative of the patent owner; 
 c) ownership transfer act, which shall be notarized. 
 
2. Examination of the application by DGPT  2.1 DGPT shall examine the application for transfe rring ownership as to whether it is in conformity 
with the requirements of point 1.1 of this chapter and, if such application is incomplete, DGPT shall 
notify the applicant to make the appropriate comp letions within three months from the notification 
date, otherwise the application shall be refused.   IP/N/1/ALB/P/3 
 Page 21 
 
 
  2.2 If the application meets the requirements of point  1.1 of this Chapter, DGPT shall register the 
ownership transfer in the register of patents and shall notify the applicant, as well as make the 
publication in the Industrial Property Gazette.   
CHAPTER XV 
REGISTRATION OF LICENSE AGREEMENT 
 
1. Filing of the application  
1.1 The application for the registration of the li cense agreement on the patent, provided by Article 46 
of the Law, shall be filed with DGPT by the pate nt owner through the FP6 form. In addition to the 
application, the applicant shall also file the following documents:  
a) the document showing the payment of the designate fee; 
 
b) power of attorney, if the application is f iled by the representative of the patent owner; 
 c) the license agreement, which shall be a notarized act. If the license agreement made 
between the parties is not in the Albanian la nguage, it shall be translated in Albanian and 
notarized to be filed with DGPT. 
 
2. Examination of application by DGPT  2.1 DGPT shall examine the application for the regist ration of the license agreement as to whether it 
is compliant with point 1 of this chapter and if it is incomplete shall notify the applicant to make the 
appropriate completions within three months from the notification date, otherwise the application 
shall be refused.  2.2 Where the application for the registration of the license agreement is in accordance with the 
requirements of point 1.1 of this chapter, DGPT sh all register the license agreement in the patent 
register and shall notify the applicant as well as pub lish the license in the In dustrial Property Gazette. 
 
 
CHAPTER XVI 
PATENT RENEWAL 
 1. Filing of the application 
 1.1 The application for the renewal of a patent, provi ded by Article 41 of the Law shall be filed with 
DGPT by the patent owner through the FP2 form. In addition to the application shall be also 
published the following documents:  
a) document showing the payment of the renewal fee; 
 b) power of attorney if the application is f iled by the representative of the patent owner. 
 2. Criteria for the application to patent renewal 
 
2.1 Renewal of the patent shall be made from the fi rst year following the issuance of the patent, with 
regard to national patents and form the following year  of the publication of patent issuance for patents 
with European extension. The application renewal of  the patent shall be composed of the FP2 form 
and the document showing the payment of the resp ective fee and it shall be submitted to DGPT on the IP/N/1/ALB/P/3 
Page 22  
 
  last day of the month of the filing date, including it.  If the applicant fails to submit the application for 
renewal of the patent and the document showing the payment of the respective fee within the 
established term, he may submit it within six months following the last day of the month of the filing 
date against payment of an additional fee.  
3. Examination of application by DGPT 
 3.1 DGPT shall examine the application for the rene wal of a mark as to whether it is in accordance 
with the requirements of point 1 and 2 of this ch apter and if such application is incomplete, DGPT 
shall notify the applicant to make the proper comp letions within three months from the notification 
date, otherwise the application shall be refused. If  the incompletion is related to the payment of 
renewal fee and the applicant fails to make the completion within the established term, DGPT shall 
refuse the application for patent renewal. If shortcom ings are related to the power of attorney and the 
applicant fails to submit it within the establishe d term, DGPT shall not issue the patent renewal 
notification until the next payment period of renewal but makes a note on its renewal in the register of 
patents. If there is no application from other authorized representatives during this period, the 
applicant is issued the notification renewal.   3.2 Where the application for mark renewal is compliant with the requirements of point 1.1 and 2.1 of this chapter and where completions are made within th e term referred to in point 3.1 of this chapter, 
DGPT shall register the patent renewal in the re gister of patents and shall issue the respective 
notification to the applicant. 
 3.3 If the renewal fee has not been paid within the term provided by Article 41(2) and (3) of the Law, 
the patent shall be considered expired on the due payment date of the patent renewal fee and DGPT 
shall notify the applicant or his repr esentative of the patent expiration. 
 
4. Renewal of licensed patents  4.1 If the owner of a patent fails to pay the renewa l fee, according to Article 41 of the Law and the 
license in favour of a third party has been register ed with the register of patents, DGPT shall notify 
the licensee that the payment has not been made an d that he shall have to pay the fee within six 
months from the notification date, so as to preserve validity of the registered license. 
  
CHAPTER XVII 
SURRENDER OF PATENT AND CHANGES TO A PATENT 
 
1. Filing of application  1.1 Application for the registration of the surrender from a patent, provided by Article 71 of the Law, 
shall be filed with DGPT through FP8 form. In add ition to the application the applicant shall submit 
the following documents: 
 
a) document showing the payment of the designated fee;  b) power of attorney where the application is filed by the representative of the patent owner; 
 
c) if a license agreement is registered in the re gister of patents, the declaration of the licensee 
that he is aware of the application for surrende r, in accordance with Article 71(3) of the Law; 
 ç) where judicial proceedings are in place agai nst a patent, the declaration of the plaintiff 
stating that he agrees with the registration of surrender.  IP/N/1/ALB/P/3 
 Page 23 
 
 
   
2. Examination of application by DGPT  2.1 DGPT shall examine the application for surre nder as to whether it is in accordance with the 
requirements of point 1 of this chapter and if su ch application is incomplete, DGPT shall notify the 
applicant to make the proper completions within three months from the no tification date, otherwise 
the application shall be refused.  2.2 Where the application for surrender of a patent is compliant with the requirements of point 1 of 
this chapter, DGPT shall register the surrender in th e register of patents and shall notify the applicant 
as well as make the publication in  the Industrial Property Gazette. 
 2.3 The owner of a patent may ask by a request in  writing filed with DGPT and against the respective 
fee that changes are made to a patent to correct uni ntentional formal errors or inaccuracies, in the case 
where such errors were made by the applicant in his application for patent and where they do not 
affect the essence of the patent. DGPT shall publish the changes made to a patent in the Industrial 
Property Gazette.  2.4 The owner of a patent may require the registration of changes to the claims on a patent in the register of patents, in that case where such changes are result of a procedure provide for by 
Article 82(3) of the Law, within the established tern s. The application to make changes to the claims 
shall contain: 
 
a) the FP7 signed by the patent owner or his representative;  b) power of attorney if the application is f iled by the representative of the patent owner; 
 
c) document showing the payment of the publica tion fee, provided by Article 82(3) of the 
Law;  ç) claims which are changed translated into the Albanian language and notarized 
electronically and in hard copy. 
 
d) decision on patent renewal including th e changed claims which is issued by EPO. 
  
CHAPTER XVIII 
APPEALS WITH THE BOARD OF APPEALS 
 
1. Filing of the application  1.1 The applicant shall have the right to file an appeal against the DGPT decision within three months 
upon receipt of the notification for the refusal of application, submitting the following documents to 
DGPT: 
 
a) FP10 form of appeal signed by the applicant or his representative;  b) document showing the payment of the fee for appeal; 
 
c) power of attorney if the appeal is f iled by the representative of the applicant. 
 IP/N/1/ALB/P/3 
Page 24  
 
  2. Examination of the appeal by the Board of Appeals 
 2.1 The Board of Appeals shall first examine the application as to whether it meets the requirements 
of point 1.1 of this chapter and if such requireme nts are met, the Board of Appeals shall notify the 
submitter of the appeal in writing that his application is considered unfiled. 
 
2.2 In the course of examination, the Board of Appeal  shall have the right to ask the applicant who is 
appealing the decision to provide additional materi als and documents within one month from the date 
of notification.  
2.3 Where the request for appeal meets the requireme nts of point 1 of this chapter, the Board of 
Appeals shall examine the appeal within three months from the filing date and shall inform the 
submitter of the appeal in writing with respect to the taken decision. The submitter of the appeal is 
entitled to appeal to court the decision taken by th e Board of Appeals within 30 days from the receipt 
of the notification on the Board decision, in acco rdance with the requirements Article 28(3) of the 
Law. 
 3. Processing of patent following the deci sion taken with respect to the appeal 
 3.1 Where the Board of Appeals decides to uphold the appeal and the decision is not taken to court, a 
copy of the decision shall be incl uded in the a copy of the Board d ecision shall be included in the 
patent application file and the examiner shall conti nue with the procedure of registration of the mark 
in accordance with the requirements of the Law and of this regulation. 
 3.2 Where the Board of Appeals decides to downturn the appeal and the decision is not challenged in 
court, a copy of the Board decision shall be included in the file of application for patent and the 
refusal shall be final. 
 3.3 In that case where the decision of the Board of A ppeals is appealed to court, a copy of the final 
court decision shall be included in the application file  for patent and DGPT shall either refuse or issue 
the patent, in accordance with the court decision.  
 
CHAPTER XIX 
INVENTIONS RELEVANT TO DEFENCE AND SECURITY 
 
1. Classification of the patent application as a state secret 
 
1.1 In accordance with Article 3(2) of the Law, wh en DGPT classifies the application for patent as 
“state secret”, it shall notify the applicant in wr iting accordingly. Within three months from the 
notification date, the applicant shall file with DGPT a declaration in writing in which he shall express 
his opinion on the classification.  
1.2 In the case where is conformity with paragraph 1.1 of this chapter is agree with evaluation of 
GDPT, the application will be sent for the examination to the Ministry of Defence.  2. The opposition for the classification of the patent as a state secret.  
2.1 Where in accordance with point 1.1 of this ch apter the applicant declar es that he shall not accept 
the classification of the patent as “state secret” by DG PT, he shall file evidence sustaining his claims 
within one month from the submission of the declara tion referred to in point 1.1 of this chapter. If 
DGPT, following examination of the evidence submitted by the applicant, decides that the invention  IP/N/1/ALB/P/3 
 Page 25 
 
 
  does not constitute a “state secret”, it shall begin th e procedure of examination and issuance of the 
patent, in accordance with the provisions  of the Law and this regulation. 
 2.2 In that case where the app licant declares that he does not accept the evaluation of DGPT, 
according to point 1.1 of this chapter, but he is not  able to provide evidence to reject such evaluation 
or in the case where evidence provided by him is in sufficient to sustain his claims, the DGPT shall 
send the application for examinati on by the Ministry of Defence. 
 3. Processing of the patent following rejection of its evaluation as a state secret  
3.1 If the invention which is a “state secret” shall no longer deemed to be as such, the Ministry of 
Defence shall send the complete patent file to DGPT, which shall register it in the register of patent 
and shall issue the patent publishing it in  accordance with Article 26(4) of the Law. 
  
CHAPTER XX 
INTERNATIONAL APPLICATIONS FILED WITH DGPT 
 
1. General principles  1.1 Pursuant to Article 77 of the Law, DGPT shall act as the receiving office, according to PCT, if the 
applicant is a permanent resident or citizen of the Republic of Albania. If this is the case, the 
international application shall be filed either in the Albanian or English language against payment of 
the respective fee. The fee shall be paid within one month from the filing date of the application. 
 1.2 DGPT shall examine the international applica tion in compliance with the requirements of the 
cooperation treaty in the field of pate nts and its implementing regulations. 
  
CHAPTER XXI 
ISSUANCE OF SUPPLEMENTARY PROTECTION CERTIFICATES FOR MEDICAL 
PRODUCTS AND PLANT PROTECTION PRODUCTS 
 
1. Filing of application for certificate  1.1 Pursuant to Article 103 of the Law, the app lication for supplementary protection certificate shall 
be filed with DGPT by the owner of the main pate nt or his legal representative within six months 
from the issuance of the authorization to put the pr oduct in the market as a medical product or plant 
protection product.  1.2 Pursuant to Article 103 of the Law, if the aut horization to launch the product in the market was 
issued prior to the granting of the main patent, th e application for supplementary protection certificate 
shall be filed with DGPT within six months from the date in which the patent has been issued. 
 
2. Essential elements of the application for certificate  2.1 Pursuant to Article 104 of the Law, the appli cation for a supplementary protection certificate shall 
contain: 
 
a) the FP12 form, which includes the name and address of the applicant, name and address of the representative, if the applicant has appointed  one and the number of the main patent and 
title of invention, as well as the date of the first authorization to put the product in the market; 
 IP/N/1/ALB/P/3 
Page 26  
 
  b) the document showing the payment of the application for certificate; 
 c) a copy of the authorization to launch the product in the market, which shall identify the 
product and shall include the name and date of  authorization, as well as a summary of the 
characteristics of the product; 
 
ç) in the case where the authorization referred to in letter “c” of this point is not the first 
authorization for the product for which such aut horization has been issued, it shall provide the 
legal grounds for the issuance of the authorization,  together with a copy of the notification of 
the official publication of the authorization or, where this is not feasible, any other documents 
proving the issuance of the authorization, date of issuance and the product to which it applies. 
 3 . Examination of the application for certificate  3.1 In the case where the application for certificate and the product related to it fails to meet the 
requirements of Chapter XVI of the Law and point 1. 1, 1.2 and 2.1 of this chapter, DGPT shall notify 
the applicant to make completions within si x months from the receipt of notification. 
 3.2 Where the applicant fails to make the completio ns within the establishe d term, DGPT shall refuse 
the application and it shall notify the applicant, as well as publishes the notification on refusal in the 
Industrial Property Gazette. Publication of the notif ication on refusal shall contain the data provided 
for by point 4.1 of this chapter. 
 3.3 Pursuant to Article 106 of the Law, if the a pplication for certificate and the product related to it 
meets all the requirements of Chapter XVI of the La w and point 1.1, 1.2 and 2.1 of this chapter, 
DGPT shall issue a filing notification for the application for certificate and shall publish such 
notification. 
 4. Publication of application for certificate  4.1 Pursuant to Article 107 of the Law, the publicati on of the application for certificate shall contain 
at least the following data: 
 
a) Name and address of applicant;  b) Number of main patent;  
c) Title of invention; 
 ç) Number and date of authorization to launch the product in the market and identification of 
such product in this authorization; 
 5. Publication of certificate issuance 
 
5.1 If no application against the published appli cation is filed with DGPT within three months from 
the publication of the application for certificate, DG PT shall issue the certificate and publish it in the 
Industrial Property Gazette:  
a) name and address of the certificate holder; 
 b) number of main patent;  c) title of invention;  IP/N/1/ALB/P/3 
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ç) number and date of authorization to launch the product in the market and identification of 
such product in this authorization;  d) duration of the certificate. 
 
6. Filing of the application for invalidation of the supplementary protection certificate  6.1 Pursuant to Article 110(2) of the Law, any indivi dual shall have the right to file an application for 
the invalidation of the supplementary protection certificate with DGPT through the FP13 form. The 
application shall contain the following data: 
 
a) name and address of the applicant;  b) name and address of the representative of th e applicant if he has appointed one to follow 
the procedures at DGPT; 
 c) name and address of the certificate holder;  ç) number of the main patent;  
d) title of invention; 
 dh) legal grounds for requiring invalidation of the certificate. 
 6.2 The application referred to in point 6.1 of  this chapter shall have the following additional 
documents: 
 
a) document showing the payment of the respective fee;  b) power of attorney, if the applicant has appointed one;  
c) evidence which sustain the claims of the submitter of the request. 
 7. Examination of application by DGPT  7.1 The Board of Appeals shall examine the declaration for invalidation of the supplementary 
protection certificate as to whether it complies with  the requirements of point 6.1 and 6.2 of this 
chapter within six months from its filing. If the appl ication is not compliant with the requirements of 
point 6.1 and 6.2 of this chapter, DGPT shall notify the submitter of the request to make the respective 
completions within three months from the notification date.  7.2 If the submitter of the request fails to make the completions within the established term, the Board 
of Appeals shall refuse the request and shall inform  the submitter in writing accordingly. If the request 
has not shortcomings or if completi ons are made within the term provide d by point 7.1 of this chapter, 
the Board of Appeals shall examine the request on the merits.  7.3 The Board of Appeals shall notify the holder of  the supplementary certificate on the request for 
invalidation of the certificate within one month from the filing of such request and shall ask him to 
provide his arguments with respect to such reque st. In the course of examination, the Board of 
Appeals may ask the parties to su bmit additional arguments and docu ments for examination and shall 
establish the term for their submission.  IP/N/1/ALB/P/3 
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  7.4 Upon conclusion of the examination, the Board of Appeal shall take a decision with respect to the 
request and shall notify the parties in writing on th e taken decision. The decision of the Board of 
Appeals may be challenged in court within 30 days from the receipt of the notification. 
 8. Patent processing following the decision on the request for invalidation of the supplementary 
protection certificate 
 8.1 If DGPT or the court shall decide in the end of  the examination that th e supplementary protection 
certificate is not valid, DGPT shall publish the notifi cation of invalidation in the Industrial Property 
Gazette and shall reflect such decision in the register of patents. 
 
9. Duration of the certificate  9.1 Pursuant to Article 108 of the Law, the supplem entary protection certificate shall enter into force 
upon expiration of the duration of the main term provi ded by the law, which shall be a period that is 
equal to the period elapsed from the filing date of the application to the date of the first authorization 
for the launch of the product in the marked, reduced by five years. Regardless of that, the duration of 
the certificate may not be longer than five years from the date of its entry into force. Any period of 
duration which is shorter than 12 mont hs shall be considered as one year. 
 10. Renewal of certificate 
 
10.1 The renewal fee of the supplementary protection certificate shall be paid each year of its duration. The procedures for the renewal of the certif icate shall be the same as those for the renewal 
of the patent.  
11. Expiration of certificate 
 11.1 The term of the supplementary protection certificate shall expire as follows:  
a) at the end of the term provided for by point 9.1 of this chapter;  
b) in the case where the certificate holder surrenders such certificate; 
 c) the annual fee is not paid in time;  ç) if and where the product subject to the certif icate may not be launched in the market, due to 
surrender of the relevant authorization for putting such product in the market. DGPT may 
decide upon its initiative with respect to the expiration of the certificate term or upon the request of a third party. 
 11.2 If the certificate expires, DGPT shall issue a notification in writing shall publish it.  
 
CHAPTER XXII 
INSPECTION OF FILE AND OTHER DOCUMENTS 
ON PATENTS ISSUED BY DGPT 
 1. Investigations and extracts from the register of patents 
 1.1 Pursuant to Article 192(2) a nd Article 194 of the Law, DGPT shall issue extracts from the register 
of patents and responses to app lications for investigation. 
  IP/N/1/ALB/P/3 
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  1.2 The application for the issuance of a register extract of a patent shall be filed with DGPT in 
writing and shall include also the document showing th e payment of the designated fee, otherwise the 
application shall be considered as unfiled. The extract of the register that issued by DGPT contains all 
the data on the patent and the history of changes it has been subject to.  
1.3 The application for investigation of a patent sh all be filed with DGPT in writing and shall include 
the document showing the payment of the designat ed fee, otherwise the application shall be 
considered as unfiled. DGPT shall notify in writing th e applicant with respect to the outcome of the 
investigation registered with the register of patents.  
2. Application for duplicate 
 2.1 The owner of a patent shall have the right to ask  for a duplicate of the pate nt, of the patent renewal 
notification or of other notifications issued by DGPT with respect to the registration of changes in the 
register of patents, by filing a request in wr iting, which shall include the document showing the 
payment of the designated fee and the power of a ttorney, where the application is filed by the 
representative of the patent owner; otherwise th e application shall be considered as unfiled. 
 3. Application for priority document for the patent  3.1 The applicant who has filed an application fo r patent with DGPT shall be entitled to require a 
priority document for the patent within 12 months from the filing date of the application for patent, 
subject to the payment of the designated fee. The priority document issued by DGPT shall contain the 
following data:  
a) filing date and number; 
 
b) name and address of the applicant;  c) name and address of the inventor;  ç) symbol of the international classification of patents; 
 
d) title of invention;  dh) description of the invention;  
e) claims; 
 ë) drawings;  f) abstract. 
 
4. Application for the inspection of the patent file 
 4.1 Any individual may inspect the file of a patent in accordance with Article 30 of the Law upon submission of a request in writing and against paymen t of the designated fee. Unpublished files of an 
application for patent cannot be inspected without consent from the applicant. 
 
4.2. Some documents are not considered as part of  the file open to inspection. Such documents 
contain mainly draft decisions and opinions or other documents used to draft decisions, the 
declaration of the inventor by which he requires that his name is not mentioned in accordance with IP/N/1/ALB/P/3 
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  Article 16(2) of the Law and any other document excluded from the file by DGPT on the grounds that 
such document does not provide the public the information it needs and is entitled to. 
 5. Correction of errors in the documents issued by DGPT  
5.1 In the case where documents issued by DGPT c ontain errors which are not as a result of the 
applicant or patent owner, DGPT shall make the re levant correction upon a request in writing filed by 
the applicant or the patent owner. DGPT shall re-i ssue the corrected act after the submission of the 
original copy of the document that needs to be corr ected by the applicant or patent owner. DGPT shall 
reflect the correction in the register of patents and shall publish it in the Industrial Property Gazette. 
  
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