Laws
Adopted on 10 June 2008
Law on Inventions, Utility Models and Industrial designs
Chapter 5: Filing the Application and Formal Requirements to it
Article 46. General Requirements to Application(1) The application shall contain:
(a) request for granting patent or issuance of certificate;
(b) for granting a patent, all documents listed in Article 52 (1);
(c) for issuance of a certificate on industrial designs, all documents listed in Article 60 (1).
(2) The application shall contain:
(a) a Power of Attorney, if the application has been filed through an attorney or representative unless otherwise provided by law;
(b) 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);
(c) 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the requested copy is not transmitted to the State Authorized Body in due time, the application shall be deemed to be withdrawn.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 If the additional fee is not paid in due time, the application shall be deemed to be withdrawn and the applicant shall be notified about it.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
(l) 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.
