Law on Inventions, Utility Models and Industrial Designs (2008)

Chapter 1: General Provisions
Article 1. Objectives of the Law
This Law regulates the property and non-property personal relationships connected with the creation, legal protection and utilization of invention, utility model and industrial design (hereinafter referred to as “industrial property object”).
Article 2. Conceptions Used in Law
The main conceptions used in this Law are:
Paris Convention – Paris Convention on industrial property protection, signed on March 20, 1883 with all further amendments and supplements.
WIPO – World Intellectual Property Organization
PCT – Patent Cooperation Treaty, signed on June 19, 1970, with PCT and Administrative instructions and further amendments and supplements.
Eurasian Convention – Eurasian Patent Convention, signed in Moscow on September 9, 1994.
TRIPS Agreement – Agreement on Trade-Related Aspects of Intellectual Property Rights, signed in Marrakech on April 15, 1994.
Locarno Agreement – Locarno Agreement on Industrial Design International Classification, signed in Locarno on October 8, 1968.
Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs – Hague Agreement on International Deposit of Industrial Designs, renamed as “Hague Agreement on International Registration of Industrial Design” on July 2, 1999.
Industrial Property Subject Matter – invention, utility model and industrial design.
State Authorized Body – State Body authorized by the Government of the Republic of Armenia to exercise functions concerning issuance of industrial property protection documents (patents and certificates) as well as other functions provided by this Law and its Statutes.
Applicant – natural or legal person, organization, in whose name the patent on invention or utility model or certificate on industrial design is requested.
Rightholder – a person, in whose name the patent on invention or utility model is granted, or industrial design is registered (exclusive right holder).
Application – Application seeking patent on invention, utility model or certificate on industrial design.
International application – application filed in compliance with PCT, according to which the applicant has met the requirements of the State Authorized Body provided by Article 22 of the above Treaty.
Eurasian application – application on Eurasian patent, filed in compliance with Article 15 (1) of the Eurasian Patent Convention.
Representative – a person authorized in the State Authorized Body to represent the applicant, rightholder or other interested person.
Date – day, month, and year.
Mutatis mutandis – for the purpose of respective amendments within the meaning of TRIPS agreement.
National Phase – international application examination according to National Legislation. Article 3. Industrial Property Legislation
1. The Industrial Property Legislation consists of the Constitution of the Republic of Armenia, the Civil Code of the Republic of Armenia, this Law and other legal acts.
2. If the international agreements of the Republic of Armenia state norms other than those stated by this Law then the international agreements norms shall apply.
Article 4. National Treatment
(1) Foreign legal and natural persons shall enjoy the same rights specified by this Law and have the same liabilities as citizens and legal persons of the Republic of Armenia, in accordance with international agreements signed by the Republic of Armenia or reciprocity principle.
(2) The party wishing to enjoy the reciprocity principle shall prove the existence of reciprocity. Article 5. The State Authorized Body
(1) The main functions of the State Authorized Body shall be:
(a) to receive applications by which the acquisition of industrial property rights is requested;
(b) to carry out proceedings relating to the grant of patents and certificates and the registration thereof;
(c) to maintain the registers of industrial property rights and other registers provided by this Law;
(d) to provide appropriate information services relating to industrial property rights;
(e) to represent the Republic of Armenia in foreign and international organizations in the field of industrial property;
(f) to be the receiving office for international applications filed through PCT Convention and Eurasian applications filed through Eurasian Convention;
(g) to perform other functions which fall within its competence.
(2) The State Authorized Body shall publish its Official Bulletin containing data on granted patents on inventions, utility models, certificates on registered industrial designs, as well as other information concerning its activities.
(3) The State Authorized Body according to this Law, establishes rules, regulations and other legal acts concerning the acquisition or registration of industrial property rights (including assignment of rights and license agreements), and protection thereof, maintenance of registers, publication and exchange of information, as well as conducting attorneys exams and registration thereof.
(4) The State Authorized Body has a Board of Appeals, which, according to the established rules, resolves disputes concerning the legal protection of industrial property subject matters. The decision of the Board of Appeals is final. The Board of Appeals acts on the basis of the Statues, verified by the State Authorized Body.
Article 6. Information to the Public
(1) The State Authorized Body shall make possible for any person to inspect files relating to applications, and to have access to data relating to applications and rights granted or registered, except the cases provided in Article 7 of this Law.
(2) The State Authorized Body shall supply information on the state of the art and provide other services in the field of information and documentation on the basis of request filed by any person, against payment of the state fee.
Article 7. Secrecy of Applications Proceeding
(1) The determination of secrecy level of inventions, utility models, industrial designs, containing information on state and official secrets, their use and publication of information thereon is implemented in the order established by the Government of the Republic of Armenia.
(2) Before publication of information on patents on inventions, utility models or registered industrial designs in the Official Bulletin of the State Authorized Body, the content of the applications shall be deemed secret.
(3) The files that are of official secrecy shall be made available for inspection only with the consent or permission of the applicant, or for judicial bodies upon request. Therefore, the data shall be deemed open for inspection if they are accessible by any authorized means, among them direct communication or usual publication.
(4) Any person who can prove that, the applicant informed him in writing about his application and the scope of requested protection, may obtain the inspection of the secret files without the consent of the applicant.
(5) Where a patent application relating to a biological material has been refused or withdrawn, the deposited biological material shall only be available to third parties after twenty years from the date of filing of the application, if so requested by the applicant.
(6) Before the publication of the patent application in the Official Bulletin, the State Authorized Body may publish the following data or communicate them to third parties:
(a) the number of the application;
(b) the date of filing the application and, where the priority is claimed, the date, country and filing number of the previous application;
(c) data concerning the applicant (for natural person – surname, forename and address, for legal person – official name of the firm and seat);
(d) the title of the industrial property subject matter, if it does not disclose the substance of the subject matter.
Article 8. State Fees
According to this Law the acts for acquisition and maintenance of rights shall be subject to payment of state fees. The types of state fees, amounts and terms thereof, reduction or refund of the amounts of the state fees, the grounds and order of exemption from the state fees shall be established by Law.
Chapter 2: Legal Protection of Invention and Utility Model
Article 9. Conditions for Patentability of Invention
Within the meaning of this Law a technical solution in any field, relating to a product (in particular, a device, substance, biotechnological product) or process (process of affecting a material subject matter using material means), shall be protected as an invention. An invention shall be granted legal protection if it is new has an inventive step and is industrially applicable (conditions for patentability of invention).
Article 10. The Exception to Legal Protection
(1) Within the meaning of Article 9 of this Law the following shall not be subject to legal protection:
(a) scientific discoveries;
(b) scientific theories, mathematical methods, provision of common information;
(c) methods of organization and management of economy;
(d) conventional signs, schedules and rules;
(e) processes for performing mental acts;
(f) algorithms for calculating machines;
(g) projects and plans for constructions, buildings and site developing;
(h) solutions concerning the outward appearance of the product having exclusively aesthetic value;
(i) topographies of integrated microcircuits.
(2) Inventions, the exploitation of which contradicts the public interests, morality, philanthropy principles shall not be subject to legal protection.
(3) Within the meaning of this Law, the following shall not constitute patentable inventions:
(a) plant and animal varieties, as well as the natural biological processes of their raising;
(b) processes for cloning of human beings;
(c) use of human embryos for industrial or commercial purposes;
(d) processes for modifying the genetic identity of human beings;
(e) processes for modifying the genetic identity of animals, as well as animals resulting from such processes.
Article 11. Novelty
(1) An invention shall be considered to be new if it is not a separate part of the state of the art.
(2) The state of the art includes any kind of information on the given field of technical solutions (separate parts) made available all over the world by means of oral or written disclosure, or in any other way, before the priority date of the invention. The data in the source of information, contents of which is available for any person directly, or is notified legally shall be deemed as made available to the public, the solutions made available through open use shall be included in the state of the art, if such a use has been realized in the Republic of Armenia.
(3) The state of the art includes as well the content of inventions and utility models, disclosed in applications with earlier priority filed with the State Authorized Body, provided that the State Authorized Body subsequently publishes those applications or the patents granted on the basis thereof.
Article 12. Public Disclosures of Invention Contents Non-prejudicial to Patent
For the purposes of Article 11 of this Law disclosure of contents of the invention shall not be taken into consideration if it has occurred within 12 months before the filing of the application on invention, and in case of request on priority date, within 12 months before the date of priority by the inventor (applicant) or any person having obtained the information on the contents of the invention directly or indirectly from him (the burden of proof of the foregoing shall be on the applicant).
Article 13. Inventive Step
(1) An invention shall be considered as having an inventive step if, having regard to the state of the art within the meaning of Article 11 (2), it is not obvious to a person having ordinary skill in the given art.
(2) If the state of the art also includes undisclosed applications according to Article 11 (3), these applications shall not be considered in the course of examination of the inventive step.
(3) Where an applicant, after having filed an application, which has not yet been published, files another application for the same invention, the first application shall not be taken into consideration for determination of the inventive step by the second application.
Article 14. Industrial Applicability
An invention shall be considered industrially applicable if it can be made or used in industry, agriculture, public health and other fields.
Article 15. Conditions for patentability of Utility Model
(1) Any new and industrially applicable solution that concerns a production (equipment, material) or a method (condition for patentability of utility model) shall be protected as a utility model in the order established by the Law.
(2) A utility model shall be considered to be new if it does not form separate part of the state of the art.
(3) The state of the art shall be defined to comprise any kind of information on technical solutions made available to the public anywhere in the world before the date of priority of the utility model concerned, as well as realization of these solutions in the Republic of Armenia. As well, the state of the art shall comprise the content of inventions and utility models by disclosed applications with earlier priority filed with the State Authorized Body, provided that the State Authorized Body subsequently publishes those applications or the patents granted on the basis thereof.
(4) The utility models shall not be considered patentable if:
(a) it is a technical solution on biological substance;
(b) it is a technical solution on chemical or pharmaceutical substances or means, as well as methods of human and animal curing;
(c) the subject matters mentioned in Article 10 (2) of this Law.
(5) The provisions of this Law on inventions, utility models shall be considered mutatis mutandis, unless otherwise provided by this Law.
Article 16. Exclusive Rights Conferred by Patent
(1) Patent on invention or utility model gives the exclusive right to patent owner to use the
patented subject matter at his own discretion, if it does not infringe other patent owner’s rights as well as to forbid third parties:
(a) where the subject matter of patent is a product, to prevent third parties without the owner’s consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product;
(b) where the subject matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of using, importing, offering for sale, selling or putting into civil circulation the product developed directly by that process.
The validity term of patent on process of developing the product should be applied as well to a product directly developed by that process. The product is considered to be developed by patented process if it is not proved that it is developed through another process. In this case the responsibility for the burden of proof is upon the responsible person, if the product developed by the patented process is new.
The scope of protection conferred by a patent shall be determined by the terms of the claims. The description and drawings on invention, utility model shall be used to interpret the claims.
Article 17. Acts not Recognized as Infringements on the Exclusive right Conferred by Patent
The use of patented invention, utility model shall not constitute an infringement of the exclusive rights of the patent owner under Article 16 of this Law if used:
(1) for personal needs with no purpose to make profit;
(2) as a subject of scientific research or scientific experiment;
(3) for single preparation of medicaments in pharmacies based on physicians’ prescriptions;
(4) on any vehicle belonging to another State and being accidentally or temporarily on the territory of the Republic of Armenia, if it is determined exclusively by the needs of the vehicle and the latter belongs to citizens and (or) legal persons of a State providing the same rights to citizens and legal persons of the Republic of Armenia.
Article 18. Right on Prior Use
(1) Any person who, before the priority date of an invention, utility model, has used an identical solution created independently of the inventor and has used it bona fide in the territory of the Republic of Armenia or who has made the necessary preparatory works for it, shall retain the right to further non-compensated use, provided that the scope of such a use is not extended (right on prior use).
(2) The right on prior use shall be permitted to be transferred to another natural or legal persons only together with the production unit in which the use of the identical solution has taken place or the necessary preparations for such a use have been made.
Article 19. Limitations of Rights Conferred by Patent
(1) The patent owner or the owner of exclusive license has no right to prevent to put into civil circulation in the Republic of Armenia a patented invention or utility model or product, developed by patented process, if this product or article has been legally put on the market in the Republic of Armenia by the patent owner or with his consent.
(2) Import of a patented product including an industrial property subject matter or developed by a patented process into the territory of the Republic of Armenia shall not be deemed as infringement of exclusive rights of the patent owner if it has been legally put on the market in a foreign country by the patent owner or with his consent.
Article 20. Term of Validity a Patent on Invention
(1) The term of validity of a patent on invention shall be twenty years as from the date of filing of the application.
(2) Immediately on expiry, the term of validity of a patent may be extended once but no more than five years in the case of a state of war, natural disasters or similar unpredictable events.
(3) Pharmaceutical preparations, processes or components, which have prophylactic and medicinal impact on humans and animals, plants, chemical or biological substances, the processes of their development, as well as the necessary components for manufacturing these preparations, substances or components and the processes of their development considered to be a subject matter of patented invention may be granted supplementary legal protection during the period between the date of filing the application on invention and the date of obtaining the authorization from the relevant Authorized Body for putting the subject matter on the market of Republic of Armenia, but not for more than five years.
(4) The request on supplementary legal protection, to which the authorization of the Competent Body mentioned in paragraph (3) of this Article is attached, shall be submitted to the State Authorized Body within 6 months from the day the authorization is given, or 6 months before the day of granting patent, if the mentioned authorization is given earlier than the patent was granted.
Article 21. Term of Validity of Patent on Utility Model
The term of validity of a patent on utility model shall be ten years as from the day of filing of the application.
Chapter 3: Legal Protection of Industrial Design
Article 22. Conditions for Protection of Industrial Design
(1) Any solution defining the outward appearance of an article, which is novel and original shall enjoy protection as an industrial design under this Law (conditions for protection of industrial design).
(2) Within the meaning of this Law “Design” means the appearance of the whole or a part of a product resulting from the features of, in particular, the contours, colors, shapes, texture as well as materials of the product itself and (or) its ornamentation.
(3) Within the meaning of this Law ” item ” means any industrial or handicraft item, including, inter alia, parts intended to be assembled into a compound product, packaging, get-up, graphic symbols and typographic typefaces, excluding computer programs. Within the meaning of this Law “complex (compound) product” means a product, which is composed of multiple components, which can be replaced permissible disassembly and reassembly of the product.
(4) A part of a complex (compound) product may be protectable industrial design if it
(a) remains visible during normal use of the product;
(b) meets the requirements of protectability of an industrial design as to novelty and originality.
(5) Within the meaning of item (1) of paragraph (4) of this Article “normal use” shall mean the use by the end user, excluding maintenance, exploitation, servicing and repair work.
Article 23. Novelty and Originality
(1) An industrial design shall be considered new if no identical design has been made available to the public before the date of filing of the application with the State Authorized Body or, if priority is claimed, the date of priority. Industrial designs shall be deemed to be identical if their features coincide or differ only in inessential details.
(2) A design shall be considered original if the overall impression it produces on the informed consumer differs from the overall impression produced on such a consumer by any design which has been made available to the public before the date of filing of the application or, if priority is claimed, the date of priority.
(3) In assessing originality, the degree of freedom of the designer in developing the design shall be taken into consideration.
Article 24. Disclosure of Industrial Design
(1) For the purposes of Article 23 of this Law, a design shall be deemed to have been made available to the public if it has been published or disclosed by exhibition or sale before the date of filing of the application with the State Authorized Body, or if priority is claimed, the date of priority.
(2) For the purposes of Article 23 of this Law, disclosure of the content of the industrial design shall not be taken into consideration if it has occurred within twelve month preceding the date of filing of the application or, if priority is claimed, the date of priority by the designer (applicant), or a third person having directly or indirectly obtained information on the content of the industrial design (the burden of proof being upon the applicant).
(3) Paragraph (2) of this Article shall also apply if the industrial design has been made available to the public as a consequence of an abuse in relation to the designer or his successor in title.
Article 25. Refusal of Registration of an Industrial Design
(1) An industrial design shall not be registered as such if:
(a) it is not an industrial design within the meaning of Article 22 (2) of this Law;
(b) it does not meet the requirements of Article 22(1) or (4), or Article 23 of this Law or is in conflict with a design having effect in the Republic of Armenia on the basis of a priority date;
(c) it is in conflict with the requirements of Article 6ter of the Paris Convention on the ground that it has been submitted without the authorization of the Competent Authorized Body;
(d) it includes or imitates symbols, emblems, coat of arms other than those covered by Article 6ter of the Paris Convention and which are of particular public interest, unless the authorization of the Competent Authorized Body to its registration has been given;
(e) its use is contrary to public interests, humanitarian and morality principles.
(2) An industrial design dictated solely by its technical function shall not be registered as an industrial design. If the technical function is directly connected with features of appearance of product, then it cannot be protected as industrial design.
(3) A design, which must necessarily be reproduced in its exact form and dimensions in order to permit the product to which the design is embodied or applied to be mechanically connected to or placed in, around or against another product so that either product may perform its function, shall not be registered as an industrial design.
(4) A new and original industrial design may be protected if it subsist in a design serving the purpose of allowing multiple assembly or connection of mutually interchangeable products within a modular system except the cases provided by paragraph (3) of this Article
Article 26. Exclusive Right in Industrial Design and the Registration Certificate
(1) The registration of an industrial design shall confer on its owner the exclusive right to use it and to prevent third parties to use it without his consent. Within the meaning of this Law the aforementioned use shall cover, in particular, the making, offering for sale, putting on the market, importing, or using of a product to which the design may refer to, as well as stocking such a product for those purposes.
(2) The scope of legal protection of an industrial design shall be defined by the overall impression produced on the informed consumer. In assessing the scope of protection of an industrial design, the degree of freedom of the designer in developing the design shall be taken into consideration.
(3) The rights referred to in paragraph (1) of this Article shall not extend:
(a) to the importation of spare parts and accessories for the purpose of repairing a vehicle of a foreign country, being accidentally or temporarily in the territory of the Republic of Armenia, if it is intended exclusively for the need of such vehicles, and if the vehicle belongs to citizens and (or) legal persons of countries providing similar rights to the citizens and legal entities of the Republic of Armenia, and in this case acts referred to in Article 17 of this Law, with the exception of subparagraph (c) shall apply mutatis mutandis;
(b) to acts of reproduction for the purposes of making citations or of teaching, provided that such acts are compatible with fair trade practice and with mention of the source, as well as do not unduly prejudice the normal exploitation of the industrial design.
(4) Any third person may assert the right based on prior use in respect of an industrial design. In this case, provisions of Article 18 of this Law shall apply mutatis mutandis.
(5) For registered industrial design a certificate on registration of the industrial design is granted (hereinafter “industrial design certificate”). Industrial design certificate is granted to the person the industrial design is registered for (hereinafter “industrial design owner”).
(6) Industrial design certificate certifies the fact of registration of the industrial design, priority, as well as the exclusive right in it.
Article 27. Limitations of Rights Conferred by Industrial Design Registration
(1) An industrial design owner or a person who has the exclusive license has no right to prohibit putting the product, containing protected industrial design or a product that embodies it, into civil circulation in the Republic of Armenia, if this product was legally put into civil circulation through sale by the owner of the industrial design or with his consent.
(2) Import of a product into the territory of the Republic of Armenia, containing industrial design or embodying it shall not be deemed as infringement of the exclusive right in industrial design if it was legally put into civil circulation through sale in the territory of another country by the right holder or with his consent.
Article 28. Other Forms of Protection of Industrial Design
(1) Provisions of this Law concerning industrial designs shall not limit provisions of other Laws relating to unregistered designs, trademarks or other distinctive signs, inventions, utility models, typefaces, liability or unfair competition.
(2) An industrial design may not be registered in the order established by this Law and may be eligible for copyright protection as from the date on which the design was created or fixed in any form as a copyright subject matter.
Article 29. Validity Term of a Certificate on Industrial Design
(1) An industrial design may be protected for five years as from the date of filing of the application with a possibility of renewal.
(2) Under Article 67of this Law, the right holder of an industrial design may renew the term of its protection for one or more periods of five years each, up to a total term of 25 years from the date of filing of the application.
(3) According to paragraph (2) of this Article the validity term of the certificate on a protected complex (compound) industrial design may be renewed both in whole, in partially, only for some of its components.
Chapter 4: Filing the Application with the Authorized Body
Article 30. International Priority Right
(1) The priority of intellectual property subject matter is determined by the date the application is filed with the Authorized Body.
(2) The priority may be determined by the date the first application was filed with a country party to Paris Convention or any country not a party to Paris Convention but a member of the World Trade Organization (international priority), if the application on invention or utility model was filed with the Authorized Body within 12 months from the mentioned date, and in case of an industrial design within 6 months.
(3) In order to enjoy international priority right the date of priority shall be mentioned in the application filed with the State Authorized Body. The applicant shall within three months after date of filing the application inform the State Authorized Body the number of the first application, the name of the country or office the application is filed with, as well as the copy of the first application certified by the receiving office. In case not meeting this requirement the request on international priority shall not be satisfied.
(4) If the copy of the first application is not submitted in Armenian and the Armenian translation is necessary for determination of the patentability (protectability) of the application, the State Authorized Body may require that the applicant submit the translation of the first application, which shall be submitted within three months after receiving the requirement.
(5) Several priorities can be claimed on the basis of several first applications filed in one or several countries.
(6) The applicant may claim priority by an application on invention on the basis of application on utility model.
Article 31. Temporary Legal Protection at Some International Exhibitions
(1) Any person who exhibits an invention, utility model or the appearance of the whole or a part of the product at an official or officially recognized international exhibition in the Republic of Armenia or another Member State of the Paris Convention or any Member State of WTO not being a party to the Paris Convention, may within 3 months after the closing day of the exhibition file an application with the State Authorized Body claiming the right of priority as of the first day of the exhibition of the invention, utility model or appearance of the whole or a part of the product (exhibition priority).
(2) Any person who claims exhibition priority according to paragraph (1) of this Law shall, when filing the application with the State Authorized Body, indicate the type and place of exhibition, the opening and closing dates and the first day of the exhibition, and submit a written certificate on international status of the exhibition issued by the organizer. If the applicant fails to meet the mentioned requirements, the exhibition priority shall not be granted.
(3) According to paragraph (1) of this Article the claimed exhibition priority shall not renew the term of claiming the international priority right referred to in Article 30 (2).
Article 32. Correction or Supplementation to Claimed Priority
(1) The applicant may submit a request to the State Authorized Body for a correction or supplementation of a priority claim within sixteen months from the date of priority, or
consequently, if the correction or supplementation causes change of the priority date, from the changed priority date, provided that such a request is submitted to the State Authorized Body within four months from the date of filing of the application.
(2) A document affirming the payment of the state fee shall be attached to the request, in case of absence of which the request shall be deemed not submitted.
(3) According to paragraph (1) of this Article any request submitted to the State Authorized Body in accordance with Article 55(2) received after the applicant has requested the publication shall be deemed not to have been filed, unless the request on publication is withdrawn before the completion of the technical preparations for publication of the application.
(4) Where the correction or supplementation of a priority claim causes a change of the priority date, the established terms shall be computed from the changed priority date.
Article 33. Restoration of Priority Right
(1) Where an application claiming an international priority is filed with the State Authorized Body with delay, i.e. twelve months after the filing of the first application, the applicant may submit a request on restoration of the right of priority to the State Authorized Body (if the circumstances of the delay does not depend on the applicant).
(2) The request on restoration of the right of priority shall be submitted to the State Authorized Body within two months from the date on which the priority term expires but no later than the completion of technical preparations for publication of the application. A document affirming the payment of the established state fee shall be attached to the request, in case of absence of which the request shall be deemed not submitted.
Article 34. Prohibition to Extend the Scope of Application
(1) The scope of protection claimed by an application after the date of filing the application on invention or utility model shall not be extended beyond the initial scope.
(2) The appearance of the whole or a part of a product claimed by an application after the date of filing the application on industrial design shall not be substantially modified or the number of the components of the product shall not be increased.
Article 35. Renewal of Established Terms
(1) In order to take particular actions before the expiration of terms under this Law the applicant or the right holder may submit a request on extension thereof to the State Authorized Body attaching the document affirming the payment of the state fee. The State Authorized Body may extend the established terms up to three months.
(2) The established terms shall not be extended in accordance with paragraph (1) of this Article in the cases provided by Articles 12, 24(2), 30(2), 31(1), 32(1), 33(2), 36(2), 37(2), 47(3), 52(3), 57(1), 58(2), 60(2), (3), 67, 68, 74(2) of this Law.
Article 36. Further Processing in case of Non-Observance of the Established Terms
The applicant, who has not exercise the mandatory actions regarding the procedures for acquisition of rights to a subject matter of industrial property within the established term, as a result of which has lost the right to his application, may submit a request to the State Authorized Body for restoration of his right and for further processing of the application.
The applicant shall, within two months after the day of receiving the notification on legal
consequences of failing to comply with the established term for the submission of the request on restoration of rights to his application, complete the omitted act and pay the state fee established by law. In case of failure to complete the omitted act and pay the state fee within the mentioned period the request shall be deemed not submitted.
The State Authorized Body may not satisfy the applicant’s request on further processing if it refers to failure of meeting the term mentioned in paragraph (2) of this Article, as well as that of terms for opposition or filing the claim, or restoration of the omitted term, or the correction or supplementation of a priority claim, or restoration of priority right.
If a request for further processing is submitted to the State Authorized Body, paragraph 6 of Article 37 of this Law shall apply mutatis mutandis.
Article 37. Restitution of Rights
(1) Any party representing the proceedings before the State Authorized Body who, due to circumstances, by a reasonable excuse failed to commit his obligations duly within the term established by the State Authorized Body according to this Law and the Regulations providing its implementation, may restitute his rights if non-observance of the established term relates to revocation, refusal of the application or any request or renunciation of rights.
(2) The request on restitution of rights shall be filed within three months from the moment of removal of the cause of non-observance of the established term, or, if the party is notified about that non- observance, from the day of receiving the notification. The request shall be submitted in case the required acts are exercised after the expiration of the established term, attaching the document affirming the payment of the state fee. In case of failure of meeting this requirement the request shall be deemed not submitted.
(3) The request on restitution of rights may not be refused wholly or in part, without previously notifying the requesting party in writing of the reasons for the intended refusal in whole or in part, within three months from the receipt of the notification, with an invitation to submit the reasons.
(4) The request on restitution of rights shall be submitted no later than within one year following the expiry of the established term.
(5) The request on restitution of rights shall not be satisfied if it relates to the terms of submitting requests on restitution of rights for the filing of the opposition or claim, or the copy of the first application, restoration of the omitted term, continuation of further processing, claiming of priority, the correction or supplementation of a claimed priority, or the restoration of the right of priority.
(6) When submitting a request on restitution of rights the reasons of omitted terms have not been mentioned, the party submits the data within the term mentioned in the notification from the State Authorized Body.
Article 38. Withdrawal of a Request
(1) The applicant may, at any stage of a proceeding, withdraw any request he has submitted to the State Authorized Body.
(2) The request is deemed to be withdrawn from the day when the State Authorized Body receives the request for its withdrawal.
(3) The State Authorized Body shall publish information on the termination of the proceeding on the basis of the applicant’s request for the withdrawal of the request for the grant of patent (certificate).
(4) If the applicant withdraws the request for the grant of a patent (certificate) after the technical preparations and the publication of the application have been completed, then the published application may not form a part of the state of the art under Article 11 (3).
Article 39. Notification of the Applicant Before The Planned Decision on Refusal of Granting Patent (Certificate)
(1) The State Authorized Body may not publish a decision on refusal in whole or in part of a request for the grant of patent (certificate) without previously notifying the requesting party in writing on such a planned refusal, within three months from the day of receipt of the notification, with an invitation to submit the reasons.
(1) If the applicant submits his reasons concerning the refusal of the request in due time, or corrects his request, the State Authorized Body shall, before publishing the decision, verify in whole or in part the grounds of the decision on refusal.
Article 40. The Author (Inventor, Designer)
(1) The author (inventor, designer) is the natural person mentioned as such in the application for the grant of a patent on invention or utility model, in application on granting certificate on industrial design unless otherwise decided by the court.
(2) If several natural persons are mentioned as authors in the application, they are considered as co-authors whose relationship is regulated by their consent.
(3) The assistance in creation of an invention, utility model, industrial design being not creative (technical, organizational or financial, assistance in formalization of rights) shall not be deemed co-authorship.
(4) The State Authorized Body shall not be responsible for the information on the authors being true.
Article 41. The Rightholder
(1) A patent shall be granted or an industrial design shall be registered in the name of the person (hereinafter “rightholder”) who is designated as the applicant at the time of the grant of the patent or registration of the industrial design.
(2) Where several persons are designated as joint applicants, paragraph (l) of this Article shall apply mutatis mutandis and one patent or certificate shall be granted to the mentioned persons. In such case the relationships between the rightholders are regulated with their consent. In the absence of mutual consent each of them has the right to use the protected subject matter at his discretion, apply to the court with a claim on prohibition of use of his protected subject matter without his authorization, although having no right to withdraw his patent or certificate without notifying the other rightholders and assign his rights to or sign a license agreement with a third person without the consent of the other rightholders.
(3) The right to be granted a patent on an industrial property subject matter (industrial property employment subject matter) created by an employee as part of his employment duties or tasks set by the employer shall belong to the employer if it is stipulated by the contract concluded between them.
(4) The size, conditions and order for payment of remuneration to the inventor of an employment invention, utility model, industrial design shall be determined by agreement between the author and the employer and, in the absence of such an agreement, by court decision.
(5) The employee shall inform the employer in writing, about the created industrial property subject matter related to his employment duties within one month from the date of creation.
(6) If, within a period of three months of the date on which the employee has informed the employer about the created industrial property subject matter, the employer or his successor in title has not filed an application with the State Authorized Body, the right to file an application and to be granted a patent shall belong to the inventor.
(7) In such case the employer shall enjoy the pre-emptive right to receive a non-exclusive license for using the industrial property subject matter.
(8) The right on filing an application and be granted patent or certificate, the exclusive right on use of the intellectual property subject matter, as well as to get profit from their use shall be inherited in the order established by Law.
Article 42. Transfer of Rights and Signing License Agreement
(1) The owner of a patent as well as the rightholder of an industrial design may assign his rights to a third person by contract, in part or in whole, and (or) sign a license agreement.
(2) Under a license agreement, the patent owner or a rightholder of an industrial design (the licensor) shall authorize a third person (the licensee) to use the patented subject matter or registered industrial design within the limits specified in the agreement, and the licensee shall be obliged to pay the licensor fees established in the agreement and to exercise other acts provided by the agreement.
(3) In case of exclusive license the exclusive right to use the industrial property subject matter shall be transferred to the licensee within the limits specified in the agreement, the licensor retaining his right to use the part of the subject matter not transferred to the licensee.
(4) In case of non-exclusive license the licensor shall, while transferring the licensee the right to use the industrial property subject matter, retain all his rights including the right to grant licenses to third persons.
(5) The patent owner or the rightholder of an industrial design may apply to the State Authorized Body with a request to publish a statement to the effect that he is willing to grant third persons the right to use the industrial property subject matter (open license). Where within two years after publication of the statement on signing a license agreement the patent owner does not receive any written proposal the latter may apply to the State Authorized Body with a request on withdrawal of his request. In this case the state fees for keeping the patent in force shall, for the period between the date of the publication of the statement and the date of withdrawal, be subject to additional payment, and for further period it shall be paid by total rate. The State Authorized Body shall publish information on the withdrawal of the request in its Official Bulletin.
(6) The license agreement and the agreement (act) on assignment shall be subject to registration in the State Authorized Body in the order established by the latter according to paragraph (3) of Article 5 of this Law.
(7) The agreement on assignment or the license agreement not registered in the State Authorized Body is null and void.
(8) The decision on registration of the license agreement and agreement on assignment may be disputed in the Board of Appeal of the State Authorized Body or in the court.
(9) Paragraph (1) of this Article shall apply mutatis mutandis to the applicant.
Article 43. Acquisition of Rights
(1) With the exception of paragraph (2) of this Article, the rights provided by the Articles 16 and 26 shall be acquired as of the date of entry into the corresponding register of the subject matter in question.
(2) Before publication of the conclusion on patentability provided by items (1) or (2), paragraph (1) of Article 59 of this Law, the right under Article 16 (1) may not be enforced in the order established by this Law.
Article 44. Lapse of Rights
The granted rights to invention, utility model and industrial design shall be lapsed if:
(a) the owner has submitted a request on renunciation to the State Authorized Body. In this case he lapses his right to patent or certificate the next day after the application was submitted;
(b) annual state fees for keeping the patent or certificate validity are not paid within the established terms;
(c) in cases provided by this Law the court has made the corresponding holding or the State Authorized Body has made the corresponding decision in the established order.
Article 45. Correction of Irregularities
(1) The State Authorized Body may at any time upon its initiative or applicant’s request, correct irregularities in names, dates, numbers, and other obvious irregularities in its publications and registers.
(2) Information on corrected irregularities shall be published in the Official Bulletin.
Chapter 5: Filing the Application and Formal Requirements to it
Article 46. General Requirements to Application
(1) The application shall contain:
request for granting patent or issuance of certificate;
for granting a patent, all documents listed in Article 52 (1);
for issuance of a certificate on industrial designs, all documents listed in Article 60 (1).
(2) The application shall contain:
a Power of Attorney, if the application has been filed through an attorney or representative unless otherwise provided by law;
the Armenian translation of the documents of application, which has been filed by foreign applicants in a foreign language in accordance with Article 48(2);
receipt for payment of the established state fee.
(3) The application and the attached documentation shall be submitted in the order established by the State Authorized Body, which shall contain detailed information on the application content and procedure on obtaining rights.
Article 47. Form of the application and the ways of filing
(1) The application content and form must comply with the requirements of this Law and of the Rule established by the State Authorized Body. It shall be legible and the description of the invention, utility model or industrial design shall be clear, which is satisfactory for the expert of the field to start the examination.
(2) The application shall be filed in writing, either directly or by post, by facsimile machine or by other electronic means of communication. The rule of filing an application and the attached documentation by electronic means of communication shall be established by the State Authorized Body.
(3) Where an application, which has been transmitted by facsimile machine or by other electronic means, is not legible in whole or in part, the applicant shall be invited to submit, within three months after the day of receipt of the invitation, a written copy of that application. If the requested copy is not transmitted to the State Authorized Body in due time, the application shall be deemed to be withdrawn. The applicant shall be notified about the withdrawal.
(4) Where the state fee is not paid fully for the filing of application the applicant is invited to pay the additional state fee, no later than two months after the date of receipt of the invitation. If the additional fee is not paid in due time, the application shall be deemed to be withdrawn and the applicant shall be notified about it.
Article 48. Language of Applications
(1) Applications shall be filed in Armenian.
(2) The applicants of the Republic of Armenia are obliged to submit the attached documents to the application in Armenian, foreign applicants may submit them in another language. In this case they are obliged to submit their Armenian translations to the State Authorized Body within three months from the day the application is filed.
(3) If the State Authorized Body does not receive the translation in due time, the application shall be deemed to be withdrawn. The applicant shall be notified about withdrawal.
(4) The State Authorized Body shall conduct the proceedings on the basis of the application in Armenian.
Article 49. Date of Filing of Application
(1) The State Authorized Body shall grant a date to the application on intellectual property subject matter which is identified by the date of filing and a serial number if it contains at least:
(a) reference (request) on acquisition of patent granting on invention, utility model or certificate on industrial design;
(b) information allowing to identify the applicant or to contact the applicant;
(c) element, indicating by its outward appearance the description of invention or utility model;
(d) element, indicating by its outward appearance the claim of an invention or utility model;
(e) in case of an industrial design, its photograph or graphical representation of the outward appearance of the whole or in part, and for a two-dimensional product, its design in whole or in part.
(2) The Authorized Body shall, within five days after receiving the application, examine its conformity to the requirements mentioned in paragraph (1) of this Article and in case of non¬conformity notify the applicant immediately inviting the latter to submit the missing documents (information) within a three-month period after receiving the notification. If the applicant does not submit the requested documents within the established period the application shell be deemed not filed and the applicant shall be informed about.
If the mentioned documents are submitted to the State Authorized Body at different times then the date of the application shall be the date of the last received document.
Article 50. Particularities of the Filing Date
(1) Where, in identifying the filing date, the State Authorized Body finds out that a part of the description or scheme to which a reference is made appears to be missing from the application, the State Authorized Body shall promptly notify the applicant accordingly noting the necessity to submit the omitted documents within a three-month period from the day of receipt of the invitation.
(2) Where a missing part of the description or a missing scheme mentioned in the invitation by the applicant is filed within three months shall be included in the application. In this case the date of filing shall be the date on which the State Authorized Body has received that part of the description or that scheme. If the required documents are not submitted at the same time, then the date of the application shall be the date they were received. If the required documents are not submitted at the established term the application shall be deemed not to have been submitted. The applicant is informed about it duly.
(3) According to Article 49 paragraph (1), (3) of this Law the applicant may, instead of elements indicating by its outward appearance the description of invention or utility model, submit a request notifying that the description of invention or utility model for the establishment of filing date is replaced with a reference made to the earlier application (original or prior). The application shall be filed in Armenian and contain the number and date of earlier application. If another person files the original or prior application, then the document certifying the succession in title of applicant shall be attached.
Article 51. Examination of an application
(1) Where an application meets the requirements of Article 46 of this Law, the State Authorized Body shall examine the conformity of the content and form of the application, additional documents or evidence with the requirements under this Law and Rule.
(2) The State Authorized Body shall also examine the conformity of invention with the requirements of Article 53 (2) and (4), and the conformity of paid state fees with the rates established by Law, including annual state fees under Articles 67(6) or 68(4) of this Law.
(3) If during examination missing parts or missing documents are noted in the application, additional documents or evidence, the State Authorized Body shall invite the applicant to submit the corrected or missing parts or documents within three months from the receipt of the invitation.
(4) If the applicant does not remedy all deficiencies in the established period, the application shall be deemed to be withdrawn, except in the cases referred to in Articles 73 and 74.
(5) If the State Authorized Body establishes that all the documents to the application or supplements or evidence with their content and form meet the requirements under this Law and Rule then the proceedings shall continue in the order established by this Law.
Chapter 6: Special Reqirments to Applications on Invention and Utility Models
Article 52. Special Requirements to Application
(1) The application shall include:
a) application on granting of patent;
b) description of invention or utility model;
c) the claim of an invention or utility model including one or more items;
d) drawings and other documentation, if they are necessary for understanding the substance of invention or utility model;
e) summary (abstract) of invention or utility model.
(2) Not later than before the publication of the application, the applicant may file a divisional application in respect of subject-matter of the invention which does not extend beyond the content of the earlier application. The divisional application shall be deemed to have been filed on the date of filing of the earlier application and shall have the right of priority as the earlier application.
(3) The applicant may submit a request to the State Authorized Body on conversion of the application on invention into an application on utility model before the decision on granting patent by the State Authorized Body is made.
(4) On the base of applicant’s request the State Authorized Body converts the application on invention into an application on utility model, if it meets the requirements of Article 15 (1) of this Law.
(5) The application on utility model may be converted into application on invention before the decision on granting patent by the State Authorized Body is made.
(6) The priority and the date of earlier application remain stable during the conversions, mentioned in paragraph (3) and (5) of this Article.
Article 53. Contents of Requirements to Application
(1) The request for the grant of patent shall contain data on the applicant (surname, forename and dwelling address, or official name of firm and seat), the title of the invention defining its subject and other data established by the State Authorized Body.
(2) The description of the invention shall include the technical problem, for the solution of which the invention is intended, the technical result which may be reached using the invention, information on the state of the art or of other technical solutions which have become available to the public before the priority date of the invention and technical matter, as well as the reasons causing barriers to obtaining the required technical results, as well as the description of technical solution of the technical problem. The description of the invention shall disclose the invention clearly and completely for it to be sufficiently carried out by a person skilled in the art.
(3) If an invention relates to biological material, which is not available to the public and can not be described in a manner to be sufficiently carried out by a person skilled in the art, the description of the invention shall be supplemented by a certificate on the deposit of biological material issued under Article 7 of the Regulations of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure or issued by the Authorized Body of the Government of the Republic of Armenia for deposit of microorganisms.
(4) The claims shall define the subject matter of the invention through the totality of its technical
character for which protection is sought. The claim, which is submitted in one or more points must be clear and concise and be totally based on the description.
(5) The drawings and other documentation serves to understanding the substance of the invention.
(6) The abstract of the invention is the short description of the content of the invention and shall serve solely for patent search. The abstract includes the name of the invention, the technical field, which relates to the invention and (or) its exploitation field, and if it is not clear from the name of the invention then the substance of the invention indicating obtained technical results. The abstract may not be used for any other purpose, in particular for the purpose of interpreting the scope of the protection sought.
(7) A patent application may relate to one or several inventions, provided that they are so linked as to form a single inventive concept.
Article 54. Examination of Requirements for the Grant of a Patent
(1) In the process of examination for the grant of a patent, the State Authorized Body shall examine:
(a) whether the subject of the claimed invention meets the requirements of patentability under Article 10 of this Law;
(b) whether the claimed invention meets (obviously), at first sight, the requirements of patentability under Articles 11, 13 and 14, the state of the art being defined only based on the materials in the examiner’s disposal.
(2) In the process of examination for the grant of a patent on utility model, the State Authorized Body shall examine:
(a) whether the subject of the claimed utility model meets the requirements of patentability under Article 10(1) and (2);
(b) whether the claimed utility model meets the requirements of patentability under Articles 14, 15.
(3) If the State Authorized Body establishes that the claims of the invention application meet all the requirements of paragraph (1) of this Article, or that the claims of the utility model application meet the requirements of paragraph (2) of this Article, it shall make a decision on publication of the application in the Official Bulletin and of granting the patent.
(4) If the State Authorized Body establishes that the claims of the invention do not meet the requirements of paragraph (1) of this Article, or that the claims of the utility model do not meet the requirements of paragraph (2) of this Article, it shall make a decision on refusal of the application.
(5) If the State Authorized Body establishes that the claims of the invention or the claims of the utility model do not meet the requirements of paragraphs (1) and (2) of this Article respectively, only in part, it shall make a decision on refusal of the application only with respect to that part.
Article 55. Publication of an Application
(1) The State Authorized Body shall publish the application after the expiry of a period of 18 months from the date of filing the application, and if priority is claimed, from the date of priority.
(2) The applicant may request that the application be published before the expiry of the 18 months period referred to in paragraph (1) of this Article, but no earlier than after the expiry of three months from the date of the filing or, if priority has been claimed, from the date of priority.
(3) The State Authorized Body shall publish the application together with the information on the
grant of the patent. The State Authorized Body shall establish the content of published information.
Article 56. Grant of a Patent
(1) The State Authorized Body shall enter the patent in the State register of patents and publish the information on the grant of the patent. The date of publication of the application shall be deemed to be the date of the grant of the patent.
(2) Before the publication of the conclusion on patentability under Article 59 of this Law, the scope of legal protection shall be determined by the contents of claims as published.
Article 57. Term for Submission of Written Evidence
(1) The owner of a patent or holder of exclusive rights issuing from the patent shall no later than the expiry of the ninth year of the patent validity submit to the State Authorized Body written evidence that the patented invention meets the requirements of Articles 9, 11, 13 and 14 of this Law.
(2) The owner of a patent or holder of exclusive rights issuing from the patent shall, when submitting the evidence under paragraph (1) of this Article or within three months from submitting written evidence to the State Authorized Body or from receiving the notification on receipt, pay a state fee for publication of the conclusion on patentability. In case the state fee is not paid in due time, the written evidence shall be deemed not to have been submitted, about which the owner of the patent or holder of exclusive rights shall be notified.
(3) In case the owner of a patent or holder of exclusive rights issuing from the patent fails to comply with the term established under paragraph (1) of this Article, the patent shall lapse on the date of the expiry of the ten-year term of the patent validity.
(4) If the owner of a patent submits the written evidence referred to in paragraph (1) of this Article, regarding court claims on infringement of exclusive rights of the holder, the State Authorized Body shall publish one of the conclusions on patentability referred to in Article 59 of this Law.
(5) The provisions of this Article shall not apply to utility models. Article 58. Forms of Written Evidence
(1) The written evidence under Article 32 of the PC’I’ enjoys the status of International Preliminary Examining Authority, or by any other patent office with which the State Authorized Body has a contract.
(2) If the submission of written evidence, according to paragraph (1) of this Article, is not complete for the granting proceedings, the applicant shall inform the State Authorized Body accordingly in the time limit prescribed in Article 57(1) of this Law. On the basis of that information, the State Authorized Body shall interrupt the proceedings. The proceedings shall continue if the applicant submits evidence under this Article within three months after the established term. If the evidence under this Article is not submitted in the established time, the patent shall lapse on the date of the expiry of the ten-year term of the patent validity.
(3) When the written evidence is submitted pursuant to paragraph (1) of this Article, the owner of a patent or holder of exclusive right issuing from the patent shall submit a list and copies of all other patents, which could be considered as evidence, including the list of refused applications and data thereon. In case the list and copies of the patents to the written evidence are not submitted in due time, the evidence is deemed not to have been submitted and the applicant is notified about it.
(4) If the State Authorized Body establishes that the written evidence under this Article is forged or is not true, it declares the patent to be void.
(5) When the owner of a patent or holder of exclusive right issuing from a patent does not have written evidence he may request, against payment of the state fee, that the State Authorized Body obtains relevant data or opinions to be used as the basis for the publication of one of the conclusions under Article 59 of this Law.
Article 59. Publication of Conclusion on Patentability
(1) On the basis of the submitted written evidence and the documents under Article 58 the State Authorized Body shall publish the conclusion on patentability, stating that:
(a) the invention meets the requirements of Articles 9, 11, 13 and 14 of this Law, and that the claims of a patent granted entirely meet those requirements;
(b) the invention meets the requirements of Articles 9, 11, 13 and 14 of this Law only in part, and thereby correspondingly amending the claims;
(c) the invention fails to meet the requirements of Articles 9, 11, 13 and 14 as of the date of the filing of the application, and thereby declaring the patent to be void.
(2) The State Authorized Body may not publish the conclusion on patentability in the cases stated by paragraph (l) (2) or (3) of this Article if it has not previously notified the patent owner of the intended amendments of claims or the nullity of a patent, and if the patent owner has not been invited to comment, within three months from the receipt of the invitation on the correction or explanation of the claims. In this case, before the publication of the conclusion on patentability the Authorized Body shall verify the existence of bases for publication of such conclusion. If the patent owner fails to comment in due time, it shall be deemed that he shares the opinion of the State Authorized Body regarding the conclusion on patentability.
(3) Patent claims, which are amended pursuant to the conclusion on patentability being verified under paragraph (l) (b) of this Article may not provide legal protection, which is broader than the claims published in accordance with Article 56 of this Law.
(4) If the application was filed with breaking the requirement of unity, then the applicant is suggested to inform within a three-month period which of the inventions shall be considered and make necessary amendments in the application documentation.
(5) In case the applicant leaves the request on breaking the unity without reply within the three- month period, it is the first invention mentioned in the claims that shall be considered. In this case a request is sent to the applicant inviting to make amendments in application documentation within a three-month period.
Chapter 7: Special Reqirments for Industrial Designs
Article 60. Requirements for Industrial Design Application
(1) An application for an industrial design shall contain:
(a) a request for the registration of an industrial design;
(b) photograph(s) or graphical representation(s) of the appearance of the whole or a part of the product, or of the products in case of a multiple application, in the number of copies prescribed by the State Authorized Body. The requirements for application on industrial design shall be prescribed by the State Authorized Body.
(2) When filing the application the applicant may request that the application be published with deferment of twelve months from the date of filing of the application or, if a priority is claimed, the date of priority. In case of an application on several items’ outward appearances the request for deferment of publication may refer to only some of them.
(3) Where the industrial design is two-dimensional, including a textile design or hologram, and a request for deferment of publication is made in accordance with paragraph (2) of this Article, the application may, instead of containing a photograph or graphical representation of the appearance of the whole or a part of the product, be accompanied by a specimen of that product or a part thereof. The photograph or graphical representation of the products, in the established number of copies shall be submitted no later than two months before the expiry of the time limit for requested deferment of publication under paragraph (2) of this Article. In the opposite case, the application shall be deemed to be withdrawn.
Article 61. Substance of Requirements of an Industrial Design Application
(1) The request for the registration of an industrial design shall contain data concerning the applicant (surname, forename and address, or company name and seat), an indication of the product in which the industrial design may be embodied or used, the index of the classification according to the International Classification and other data prescribed by the State Authorized Body.
(2) An industrial design application may cover several industrial designs, provided that they belong to a single class of the International Classification, except ornaments.
(3) The photograph or graphical representation of the appearance of the whole or a part of the product shall clearly show the novelty and the originality of the appearance of the product.
Article 62. Examination of Application on Industrial Designs
(1) In the course of examination the State Authorized Body shall examine the existence of the necessary documentation formed in accordance with the requirements established by Article 5 (3), check whether the submitted industrial design meets the requirements established by Article 25 of this Law, excluding paragraph (2).
(2) Where the State Authorized Body establishes that:
(a) the application meets the requirements of paragraph (1) of this Article, it shall make a decision on the registration of the industrial design, and in case the state fee is paid by the applicant, enter the data on industrial design into the register and publish the appropriate information in the Official Bulletin.
(b) the application does not meet the requirements of paragraph (1) of this Article, it shall refuse the application wholly or in part.
Chapter 8: Maintenance of Rights and State Registers
Article 63. State Registers
(1) The State Authorized Body shall maintain State Registers of the Republic of Armenia for patents, utility models and industrial designs (hereinafter the Registers). The Registers shall be open to public inspection, unless otherwise provided by this Law.
(2) The date of the grant of a patent or an industrial design certificate shall be the date of entry into the Register.
(3) The State Authorized Body shall deliver extracts from the Registers to any person upon request and against payment of the established state fee.
(4) The content of the Registers, the content of request for entry of alterations in the Registers, the procedure for entry of such alterations, the content of extracts from the Registers and the procedure for delivery of such extracts as well as the order regarding other actions to be executed with respect to maintenance of the Registers shall be established by the State Authorized Body.
Article 64. Content of Registers
(1) The register of inventions and utility models shall contain primarily the following entries: registration number, date of filing and number of the application, requested right of priority, date of publication, date of entry in the register, number and date of conclusion on patentability under Article 59 of this Law, data concerning the owner (name and address), type of the patent, data concerning the inventor (name and address), title of the invention, data on validity of the patent, date of lapse of the patent, as well as data on granting supplementary protection.
(2) The register of industrial designs shall contain primarily the following entries: registration number (number of certificate), number and date of filing of the application, requested right of priority, date of publication, date of entry in the register, data concerning the owner (name and address, or firm and seat), data concerning the designer (name and address), if the designer so wishes, indication of the product, number of products, classification code according to the Locarno Classification, data on validity of the industrial design, date of lapse of the industrial design.
(3) Information on litigations of which the State Authorized Body has been notified and final judgment shall be entered ex officio in the registers referred to in Article 63(1).
Article 65. Entry of Alterations in the Registers
(1) All subsequent alterations regarding the rights and the rightholders shall be entered in the register upon request. The provisions of this Article shall apply mutatis mutandis to applications and applicants.
(2) The data on assignment of rights and provision of licenses shall be entered in the corresponding register upon the request of one of the parties to the contract.
(3) The person entered in the register as the rightholder, may, prior to the alteration, contest any alteration, which has been unduly entered without his consent by submitting relevant evidence.
Article 66. Procedure for Entry of Alterations
(1) A single request may relate to more than one alteration in the register. A single request shall also be sufficient where the alteration and (or) alterations relate to more than one application and (or) right of the same person, provided that the alteration or alterations be the same for all applications and rights in question, and the numbers of all applications and rights be indicated in the request.
(2) When filing the request or within three months from the receipt of the notification, the state fee for the entry of each alteration in the register for each application or right shall be paid. If the state fee is not paid in due time, the request shall be deemed not submitted.
(3) Where the request for the alteration is filed by the person who has been entered in the register as the rightholder, the State Authorized Body shall enter the alteration in the relevant register.
(4) Where the request for the alteration is filed by the person who has not been entered in the register as the rightholder, that person shall submit, when filing the request or within three months from the receipt of the notification, the consent of the rightholder for the entry of the requested alteration in the register or other documents evidencing the legal basis for the entry of the alteration, at his discretion.
Where the State Authorized Body doubts the veracity of any indication contained in the request for the alteration or if the submitted documents are in a foreign language, it may require that, within three months from the receipt of the request, additional documents or an Armenian translation of the submitted documents be furnished.
(5) If the requesting party fails to submit additional documents or their translation requested under paragraph (4) in due time, the request for entry of alterations shall be deemed to be withdrawn.
(6) The alterations shall be made on the basis of the decision of the State Authorized Body. Article 67. The Renewal of Rights on Term of Validity
(1) The term of validity of rights conferred by patent on invention, utility model as well as by certificate on industrial design shall be renewed upon the payment of the state fee within the established period, and shall be calculated from the date of filing of the application:
(a) in respect of patents, each year for one subsequent year;
(b) in respect of industrial designs, once each five years for subsequent five years.
(2) The state fees (annual state fees) under paragraph (1)(a) of this Article shall be paid for every next year before the end of the current year of validity.
(3) The state fee under paragraph (1)(b) of this Article on renewal of the period of validity of the industrial design shall be paid for every five years before the end of the current fifth year of validity.
(4) Under paragraph (1)(a) of this Article the mentioned state fee shall be paid starting from the second year of patent validity.
(5) Under paragraph 1(b) of this Article the mentioned state fee shall be paid starting from the first five years of validity of registration of industrial design.
(6) Where the procedure for the grant of a patent lasts more than one year from the date of the filing of the application, the provisions of paragraphs (1) of this Article shall apply mutatis mutandis.
(7) The term of validity of rights conferred by patent on invention, utility model as well as by certificate on industrial design may be renewed as well upon the payment of the state fee within six months, after the expiry of the period established by paragraphs (2) and (3) of this Article. In
this case the amount of the state fee shall be increased with 50 %.
(8) The State Authorized Body shall, during one month after the expiry of the term of protection, notify the rightholder with a reminder on the failure of due payment of the state fee, on the possibility of payment under paragraph (7) of this Article, and of the consequences of non¬payment.
(9) The non-payment of state fees in due time or, not following the reminder of the State Authorized Body, within the subsequent term referred to in paragraph (7) of this Article, shall entail lapse of the right on industrial property subject matter (validity of patent on invention, utility model or rights on industrial design) on the day following the term mentioned in paragraph (1) of this Article.
(10) Paragraphs (7) and (8) of this Article shall apply mutatis mutandis to the cases referred to in paragraph (6) of this Article. If in such cases the state fee and the additional state fee have not been paid in the subsequent term, the application shall be deemed to be withdrawn.
Article 68. The Restoration of Right to Invention, Utility Model, Industrial Design and the Right to Later Use
(1) The rights on invention, utility model, industrial design, which were lapsed under Article 67 (9), may be restored on the basis of the rightholder’s request. The request shall be submitted to the State Authorized Body within 3 years after the established term, mentioned in Article 67 (2) and (3), but no later than the expiry of the validity term of patent or certificate on industrial design established by this Law. The documents certifying the paid state fee on restoration of patent or certificate validity as well as the paid due on keeping patent valid or the annual state fee for renewal of rights on industrial design shall be submitted together with the request.
(2) The State Authorized Body publishes the information on restoration of validity of patent on invention, utility model or restoration of rights on industrial design in its Official Bulletin.
(3) Any person, who under Article 67 (9) starting from the date of lapse of legal protection right in invention, utility model or industrial design till the date, the information on restoration of rights of validity of patent on invention, utility model or restoration of rights in industrial design is published in Official Bulletin bona fide started to use the protected invention, utility model or industrial design or made necessary preparatory works, reserve the right to use it free of charge without scope extension of the use (right to later use).
(4) In case of lapsing the right, mentioned in Article 37 (1) and the time cell for publication the announcement on its restoration the paragraph (3) shall apply mutatis mutandis.
(5) The right of later use may be transferred to another person only together with the product, where the invention, utility model or industrial design has been used or the necessary preparatory work has been done for it.
Chapter 9: Compulsory Licenses
Article 69. Compulsory License
(1) Any person or the Republic of Armenia may, without the consent of the patent owner (rightholder), use the protected invention, utility model or industrial design (compulsory license) by court decision where:
(a) the public interest demands, in particular, national security, nutrition, health or the development of other vital sectors so requires;
(b) it is determined that the owner of the patent or his licensee abuses the patent rights, in particular where the manner of exploitation, contrary to the adopted regulations, restrains competition;
(c) the invention, utility model, industrial design has not been used or has been used unconscientiously during the period of 4 years from filing the application or 3 years from granting patent (certificate) (the later filing date shall be applied).
(2) The court shall grant compulsory licenses under paragraph (1) of this Article with regard to given circumstances and after hearing the rightholder.
(3) Compulsory licenses under paragraph (1) of this Article shall be granted provided that the person filing the request proves that he has made efforts to conclude a license contract with the rightholder on reasonable commercial terms and that such efforts failed to succeed within a reasonable period of time.
(4) Paragraph (3) of this Article shall not apply if a state of war or emergency has been declared. Article 70. Conditions for Granting Compulsory Licenses
(1) Compulsory licenses under Article 69 shall be granted under the following conditions:
(a) scope and duration shall be limited with regard to their purposes;
(b) they shall be only non-exclusive;
(c) they may not be transferred to third parties, with the exception of the licensee enterprise or business;
(d) they shall be granted primarily for the suffice of the internal market demand.
(2) Where a patent, hereinafter referred to as “the second patent”, cannot be exploited without infringing another patent, hereinafter referred to as “the first patent”, the following conditions, in addition to paragraph (1) above, for the grant of compulsory license in respect of the first patent it is necessary that:
(a) the invention protected by the second patent shall involve a technical advance of considerable economic significance compared to the invention protected by the first patent;
(b) the owner of the first patent shall, under reasonable conditions, be entitled to a cross-license to use the invention protected by the second patent;
(c) the use authorized in respect of the first patent shall be transferred by the person having the compulsory license only with the simultaneous transfer of the company’s part, where the use of the mentioned subject matter is realized.
(3) The compulsory license is recognized as expired by the court decision:
(a) if the circumstances which led to it have been eliminated and are unlikely to recur;
(b) after receiving compulsory license the license-holder didn’t undertake the necessary preparatory work to use it during one-year period.
(4) In the case of semiconductor technologies a compulsory license may be granted only by the State for exclusively non-commercial use as well by judicial or administrative authorities for prevention of unfair competition.
Article 71. Remuneration for Compulsory Licenses
(1) A compulsory license shall be granted to the owners of patents against equitable remuneration.
(2) The amount of the remuneration shall be determined with regard to the circumstances of each case and taking into account the economic significance of such an authorization.
Chapter 10: Representation
Article 72. Representations Before the State Authorized Body
(1) The applicant, patent owner, other interested person may conduct the proceedings with the State Authorized Body with the help of a representative. The representative shall be appointed by a Power of Attorney, which shall be in written form.
(2) The party making the appointment may appoint one or several representatives for each or all actions, which are provided in the procedure of the State Authorized Body. If several representatives are appointed and the appointing party does not name one with whom the State Authorized Body shall conduct the proceedings, then it shall be communicated to the representative who is named first.
(3) The party making the appointment may, in a general Power of Attorney, authorize a representative the actions in respect of all applications, of the same applicant, already filed or to be filed with the State Authorized Body. In this case the original of the Power of Attorney (verified copy) is submitted for one of the applications, and for the rest of applications the copies of the Power of Attorney are submitted, on which the number of application where the original (verified copy) is kept is indicated.
(4) The Power of Attorney shall be submitted to the State Authorized Body when filing the application or within three months from the receipt of the invitation. If the Power of Attorney is not submitted in due time, the representative is deemed not to have been appointed and his actions are considered illegal and are not taken into consideration.
Article 73. Representation of Foreign Persons
(1) Foreign natural and legal persons having neither residence nor real and effective industrial or commercial establishment in the Republic of Armenia, hereinafter referred to as “foreign persons”, shall assert their rights under this Law in proceedings before the State Authorized Body through a representative, unless otherwise provided by the international agreements of the Republic of Armenia.
(2) Notwithstanding paragraph (1) and subject to paragraph (3) of this Law, a foreign person may file applications with the State Authorized Body, perform actions relating to the filing date, pay state fees in the proceedings, file verified copies of first applications when claiming the right of priority under Article 30 of this Law, and receive notifications from the State Authorized Body relating to those proceedings, without a representative.
(3) If a foreign person, under paragraph (2) of this Article, does not have a representative in the proceedings before the State Authorized Body, he shall communicate to the State Authorized Body an address for correspondence, which shall be in the territory of the Republic of Armenia. Any notification referred to in paragraph (2) of this Article, which the State Authorized Body sends to the address for correspondence, shall be deemed to be a sufficient notification.
(4) Notwithstanding the requirements of paragraph (1) of this Article, the annual state fee may be paid by any person.
(5) If a foreign person does not appoint a representative in the proceedings before the State Authorized Body and does not communicate an address for correspondence which is in the territory of the Republic of Armenia, the State Authorized Body shall invite him to appoint, within three months from the receipt of the invitation, a representative and submit a Power of Attorney or, in accordance with paragraph (3), communicate an address for correspondence. If the foreign person does not appoint a representative and does not submit a Power of Attorney or, in accordance with paragraph (3), fails to communicate an address for correspondence in due time, the State Authorized Body shall reject any request concerning the proceedings, unless otherwise provided by this Law.
Article 74. Revocation and Renunciation of Power of Attorney
(1) The party making the appointment may, at any time, revoke the Power of Attorney, and the representative may, at any time, renounce his appointment informing accordingly the State Authorized Body.
(2) The decision on revocation made by the party making the appointment shall be effective as from the date of its receipt by the State Authorized Body. The representative’s decision on renunciation of the appointment shall be effective as from the date of receipt by the State Authorized Body, provided that the party appointing the representative is notified about it. In case the appointing party is notified later, the representative’s decision shall be effective as from the date of its receipt by appointing party.
(3) If a foreign person remains without a representative due to the decision of the party appointing the representative on invalidity of the powers of the representative or due to renunciation of his powers by the representative, Article 73 (5) of this Law shall apply mutatis mutandis.
Article 75. Industrial Property Attorneys
(1) The applicant may appoint attorney for the filing application on invention, utility model, industrial design, for correspondence, as well as for the realization of the actions relating to the acquisition and maintenance of rights under this Law. Industrial design attorney shall realize actions only for the parties relating to the acquisition and maintenance of rights on industrial designs, as well as other actions concerning those rights.
(2) Patent attorney may be:
(a) residents of the Republic of Armenia, who have higher education and have passed the qualifying examination for a patent agent at the State Authorized Body;
(b) legal persons, having their seat in the Republic of Armenia, employing at least one person who fulfils the requirements laid down in item (a) of this paragraph.
(3) Industrial design attorney may be:
(a) residents in the Republic of Armenia, who have higher education and have passed the qualification exam for industrial design agents at the State Authorized Body;
(b) legal persons, having their seat in the Republic of Armenia, employing at least one person who fulfils the requirements laid down in item (a) of this paragraph.
(4) Parties realizing actions relating to rights under this Law may be represented by patent attorney and industrial design attorney also before courts and other State authorities, provided that they fulfill the requirements laid down in regulations governing representation before courts and other State authorities, as well as by an authorized person employing for such attorney, provided that he is a national of the Republic of Armenia, has university diploma in law in the Republic of Armenia or has acquired a foreign law degree recognized by the Republic of Armenia, has passed state exam and has a professional experience of at least five years and a good command of the Armenian language. In such cases, the attorney is entitled to be paid for his work in the amount fixed by the attorney’s price list and have his costs refunded by the opposing party.
(5) According to the paragraphs (2), (3) of this Article the State Authorized Body shall lead qualification exams in the established order within the meaning of Article 5(3) of this Law.
Article 76. Entry of Attorneys into the Register
(1) The State Authorized Body shall keep the register of patent and of industrial design attorneys.
(2) A state fee established by Law shall be paid for entry in the register. After the payment of the state fee, the State Authorized Body shall make a decision on the entry in the register of patent or industrial design attorneys.
(3) A patent attorney may submit a request to the State Authorized Body to be removed from the register of patent attorneys and entered in the register of industrial design attorneys. An industrial design attorney may submit a request to the State Authorized Body to be removed from the register of industrial design attorneys and entered in the register of patent attorneys provided that he fulfils the requirements of Article 75 (2) of this Law.
(4) Attorneys shall be removed from the register if:
(a) they submit a request for removal;
(b) they are deprived of their right to be engaged in this activity by a court decision.
(5) The following data in particular shall be entered in the register: registration number of the representative, data on the representative (surname, forename or name, address and seat), date of entry in the register and data on person who fulfills the requirements under Article 75 (2)(a) or (3)(a) of this Law and is employed by the agent on a regular or contractual basis (surname, forename, address and education).
(6) The attorney’s activity is regulated by the Statute established by the Government of the Republic of Armenia. Registration of attorneys is realized by the State Authorized Body by the established order under the Article 5 (3) of this Law.
Chapter 11: Final and Transitional Provisions
Article 77. Filing of Application on Invention, Utility Model, Industrial Design in Foreign Countries
(1) An invention, a utility model or industrial design created in the Republic of Armenia may be patented in foreign countries.
(2) Before filing an application on invention, utility model or industrial design created in the Republic of Armenia with a foreign country, among them within the frameworks of the international agreements of the Republic of Armenia, the applicant shall file the application on the industrial property subject matter with the State Authorized Body as well communicating his intention to patent it in a foreign country.
If the process of granting of a patent by the international treaties of the Republic of Armenia is carried out by the International Authority in whole or in part, the application on industrial property subject matter created in the Republic of Armenia shall be submitted to the mentioned International Authority only through the State Authorized Body in case of its conformity to the requirements of national security.
(3) Where within 3 months after receiving the communication about the intention to patent an invention, utility model or industrial design in a foreign country according to paragraph 2 of this Article, the State Authorized Body does not prohibit the patenting in foreign countries on the grounds provided by Article 7(1) of this Law, then the applicant may act at his discretion.
(4) Infringement of the requirements of paragraph (2) of this Article shall incur liability under the legislation of the Republic of Armenia.
(5) The State Authorized Body, which receives international applications filed by the Patent Cooperation Treaty (hereinafter referred to as “PCT”) procedure with the International Bureau of the World Intellectual Property Organization (hereinafter referred to as “the International Bureau”) and Eurasian applications filed by the Eurasian Patent Convention procedure with the Eurasian Patent Office, shall be the receiving Office only for the citizens and legal persons of the Republic of Armenia as well as natural persons having permanent residence in the Republic of Armenia. An international application shall be submitted in English and a Eurasian application in the Russian language. The State Authorized Body shall verify the presence of necessary documents of the application and their conformity to the established requirements, based on the results of which it establishes the date of filing of the international or Eurasian applications and delivers them accordingly to the International Bureau or the Eurasian Patent Office within one month after that date.
Article 78. International and Eurasian Applications Having the Effect of Applications Regulated by this Law
(1) An international application on invention or utility model filed by the PCT procedure with the International Bureau may enter into national phase in the Republic of Armenia, if it is submitted to the State Authorized Body within 31 months after the date of priority sought, provided that there is a designation of the Republic of Armenia in the international application.
(2) The date of entry of an international application into the national phase shall be established by the State Authorized Body if it is submitted to the State Authorized Body at least with the date of the following documents:
(a) a request on granting a patent in accordance with Articles 52 and 53 of this Law, which includes as well the number and the filing date of the international application;
(b) the first page of the publication of the international application by the International Bureau.
(3) If the documents mentioned in paragraph 2 of this Article are not submitted to the State Authorized Body within 31 months, the validity of the international application by the PCT procedure to the Republic of Armenia shall be terminated.
(4) The other documents of the international application shall be submitted in accordance with Articles 52 and 53 of this Law.
(5) The State Authorized Body shall, on the bases of the refused Eurasian application, according to the Eurasian Patent Convention, discuss the application on granting a patent in the order established by this Law from the date of receiving the ratified copy of that application from the Eurasian Patent Office. The applicant shall submit the required documentation of the application established by Articles 52-62 of this Law within two months after the mentioned date.
Article 79. Eurasian Patent and Patent of the Republic of Armenia on Identical Inventions
(1) Where the Eurasian patent granted to the identical inventions or identical invention and utility model and that of the Republic of Armenia have the same date of priority and belong to different patent owners, such inventions or invention and utility model may be used only by retaining the rights of all the patent owners thereof.
(2) Where the Eurasian patent granted to the identical inventions or identical invention and utility model and that of the Republic of Armenia have the same date of priority and belong to the same person, the right on use of such inventions or invention and utility model may be transferred to any person according to the license agreement signed on the bases of those patents.
Article 80. Transitional Provisions
(1) Basic patents, which are granted and the validity of which has not been terminated before entry into force of this Law, shall continue to be valid according to the provisions of this Law as patents on inventions according to the published conclusions on patentability in compliance with this Law.
(2) Prior patents, which are granted and the validity of which has not been terminated before entry into force of this Law shall continue to be valid according to the provisions of this Law as patents on inventions granted in accordance with this Law.
(3) Patents on utility model, which are granted and the validity of which has not been terminated before entry into force of this Law shall continue to be valid as patents on utility models granted in accordance with this Law.
(4) The rights in prior and basic patents on inventions and utility models the validity of which has been terminated before entry into force of this Law are restored in the order established by this Law.
(5) Patents on industrial design, which are granted and the validity of which has not been terminated before entry into force of this Law shall continue to be valid according to provisions of this Law as certificates on industrial design. The mentioned certificates are valid for 5 years, if at the moment this Law enters into force the state fee provided by the Law for any of the five years is already paid.
(6) The examination on applications on inventions, which are at the preliminary examination phase and not been open for public inspection before entry into force of this Law, shall be realized in the order established by this Law.
(7) The proceedings of the applications on inventions, which are in the phase of substantive
examination at the moment of entry into force of this Law, shall be conducted and patents shall be granted in the order of the Law in force before the entry into force of this Law.
(8) Patents based on applications on inventions, which were filed, passed preliminary examination and been open for public inspection before entry into force of this Law, are granted
in the order established by this Law, the publication date and the date of granting the patent being the date of being open for public inspection.
(9) The examination of the applications on utility model, which are in the phase of examination at the moment the Law enters into force is conducted in the order established by this Law.
(10) The patents based on the applications on utility model, which were filed and the examination completed before the entry into force of this Law shall be granted in the order established by this Law.
(11) The examination of the applications on industrial design, which were filed before the entry into force of this Law and are in the phase of examination at the moment this Law enters into force is realized in the order established by this Law.
(12) The certificate based on the applications on industrial design, which were filed before the entry into force of this Law and the examination was completed at the moment this Law enters into force is granted in the order established by this Law if it was not granted before this Law entered into force.
(13) The Republic of Armenia Law on Patents of December 8, 2004 shall be invalid. Article 81. Entry into Force of the Law
(1) This Law shall enter into force on January 1, 2009.