Laws
Adopted on 10 June 2008
Law on Inventions, Utility Models and Industrial designs
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
(1) 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.
(2) 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.
(3) 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.
(4) 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.
