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Laws

Adopted on 10 June 2008

Law on Inventions, Utility Models and Industrial designs

• Chapter 1 - General Provisions
• Chapter 2 - Legal Protection of Invention and Utility Model
• Chapter 3 - Legal Protection of Industrial Design
• Chapter 4 - Filing the Application with the Authorized Body
• Chapter 5 - Filing the Application and Formal Requirements to it
• Chapter 6 - Special Reqirments to Applications on Invention and Utility Models
• Chapter 7 - Special Reqirments for Industrial Designs
• Chapter 8 - Maintenance of Rights and State Registers
• Chapter 9 - Compulsory Licenses
• Chapter 10 - Representation
• Chapter 11 - Final and Transitional Provisions

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.