Patent Filing Albania

The Republic of Albania is a contracting state to the Patent Cooperation Treaty (PCT) and administers patents through the General Directorate of Industrial Property (GDIP). Entering the national phase in Albania converts an international PCT application into a national Albanian patent application governed by local industrial property legislation.

The Albanian patent system emphasizes formal review combined with reliance on recognized International and Albania Patent Search and examination reports. Unlike jurisdictions with full internal substantive examination, Albania often requires applicants to submit a substantive examination report from an approved international authority as part of the patentability assessment.

Albanian patents, once granted, offer enforceable rights for 20 years from the filing date, provided annuities are paid annually. Albania’s growing economy, strategic location in Southeastern Europe, and increasing focus on innovation make it an important jurisdiction for global patent portfolios.

Who is Eligible to file a Patent in Albania

Any PCT applicant designating Albania can enter the national phase. Eligible applicants include:

• Individual inventors
• Domestic Albanian companies
• Foreign corporations and multinational entities
• Universities and research institutions
• Startups and SMEs
• Joint owners and co-applicants
• Legal successors and assignees

Representation Requirement: Albania does not impose a strict requirement that foreign applicants must appoint a local representative at the time of Patent filing. However, due to translation requirements, formal document submissions, and interactions with the GDIP, appointing a local patent attorney is highly advisable.

A Power of Attorney may be requested by the GDIP and must be filed within the allowed time period if required.

Entitlement Requirements

Applicants must ensure:

• Correct identification of inventors
• Proper assignment documentation where the applicant is not the inventor
• Corporate applicants should provide proof of legal status when requested

Assignment documents should not be notarized. These support enforceability and avoid entitlement disputes later in prosecution.

Strict Deadline to file Patent in Albania – 30 / 31-Month Rule

Albania follows the 31-month deadline for entering the PCT National Phase filing, calculated from the earliest priority date.
To validly enter the national phase, applicants must:

• Submit the national phase application
• Provide translations (if required)
• File priority documents (if claimed)
• Pay the applicable filing fee
  

Failure to enter the national phase within 31 months results in loss of the right to obtain patent protection in Albania.

Extensions After the 30 / 31-Month Deadline

Albania does not provide a routine extension mechanism beyond 31 months.
Missing this deadline leads to the application being considered abandoned with respect to Albania.

Applicants must treat the 31-month deadline as a strict cutoff.

Filing Language for Albania Patent Application

The official language of patent prosecution in Albania is Albanian.

If the PCT application is not in Albanian, the applicant must submit a full Albanian translation of the:

• Description
• Claims
• Patent Drawings
• Abstract

Translations form part of the official record; inaccuracies may affect scope, prosecution, and enforceability.

Required Documents to file Patent in Albania

A complete Albanian national phase filing typically includes:

1. PCT Application Copy: A copy of the PCT application establishing priority and continuity.
2. Albanian Translation: Full translation of all substantive parts of the PCT application.
3. National Phase Request: A formal application for PCT national phase entry.
4. Priority Documents: If priority is claimed and the GDIP requests them, they must be filed within the allowed period.
5. Power of Attorney (if required)

• • Not always required at filing
  • May be requested during prosecution
  • Simple signature typically sufficient (no consular legalization needed)

6. Assignment (if applicant ≠ inventor): Assignment documents should be notarized.
   These prove entitlement and help avoid legal disputes.
7. Sequence Listings (if applicable): Must be submitted in the prescribed electronic format.

Failure to submit the required documents within the GDIP’s deadlines may lead to refusal.

Albania Patent Search and Examination Procedure – Overview

Albania does not conduct a full internal substantive examination. Instead:

• The applicant must submit a substantive examination report from a recognized international authority (such as the ISA or IPEA).
• GDIP performs formal examination for compliance, translations, document correctness, and procedural requirements.
• The substantive examination report is used to determine novelty through a Wide Patentability Search, inventive step, and industrial applicability.

This process accelerates prosecution but places responsibility on the applicant to obtain a high-quality external examination.

Examination Process and Office Actions

The GDIP may issue several types of Office Actions:

• Formal Deficiency Notices: For missing translations, signatures, priority documents, or other administrative matters.
• Substantive Requests: If substantive elements are unclear or require further explanation, or if the submitted examination report is insufficient.
• Correction Requests: For translation discrepancies, formatting issues, or document errors.

Applicants must respond within established deadlines.
Non-response may lead to the refusal of the application.

Deadline for Submission of Examination Report

Albania requires applicants to submit a valid substantive examination report from an approved authority.

• This report is generally required within a fixed timeframe following national phase entry.
• In some cases, the applicant may be allowed up to 10 years from the filing date to submit an acceptable examination report.

Failure to submit a report results in the patent not being granted.

Publication Process and Legal Impact

Albanian patent applications are published:

• Approximately 18 months after the earliest priority date, or
• Earlier, upon the applicant’s request, with payment of a publication fee.

Publication:

• Places the invention into the public domain for review
• Alerts competitors
• Establishes prior art effect

Publication does not confer enforceability but is required for a later grant.

Grant Process and Enforceability

Once the GDIP accepts the substantive examination report and all formal requirements are met:

• A grant decision is issued
• The applicant pays the grant fee
• The patent is published as granted
• The rights become enforceable in Albania

A granted Albanian patent provides:

• The patent holder is authorized to sell and import the invention
• Ability to bring infringement actions in Albanian courts
• Potential for injunctions and damages
• Assertion of IP rights in commercial negotiations

Albania offers enforceable, court-based protection consistent with European legal traditions.

Patent Validity for Albania Patent

Patent term in Albania is:

20 years from the filing date of the national phase application

(Which corresponds to the international PCT filing date.)

Annual annuity payments are required to maintain validity.

Typical Time to Obtain a Patent in Albania

Albanian patent prosecution timelines vary depending on how quickly the applicant provides a substantive examination report. Typical durations:

• 1.5 to 3 years when all requirements are timely met
• Longer if corrections or additional documentation are required

Annuities and Maintenance Procedure

Annual annuity fees are due starting from the third year of the patent’s life.
Payments must be made by the anniversary of the filing date.

A 6 months grace period is available with a surcharge for late payment.
Failure to pay annuities results in patent lapse.

Official Government Fees for Albania Patent Filing (Indicative Amounts)

All fee amounts below are approximate and reflective of Albanian statutory schedules.

Filing & National Phase Entry Fees

Examination Fees

Albania does not charge an internal examination fee because the applicant must provide an external substantive examination report from a recognized authority.

Publication & Grant Fees

Utility Model Protection Availability

Albania provides utility model protection, offering a faster and less stringent alternative for certain types of inventions. Utility models undergo a more limited examination and are suitable for incremental improvements and mechanical innovations.

Albania Patent Office & Official Website

Official Website: Albania Patent Office