Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF ARMENIA

of March 30, 2021 No. ZR-108

About patents

Accepted by National Assembly of the Republic of Armenia on March 3, 2021

Chapter 1. Basic provisions

Article 1. Subject of regulation of the Law

1. This Law governs the property and personal non-property relations connected with creation, legal protection and use of inventions.

Article 2. The basic concepts used in the Law

1. In this Law the following basic concepts are used:

1) Parisian convention - The Parisian convention on protection of industrial property signed on March 20, 1883 in Paris with all further changes and amendments;

2) VOIS - World Intellectual Property Organization;

3) DPK (PCT) - The contract on patent cooperation signed on June 19, 1970 in Washington, with the instruction of DPK and the Administrative instruction attached to this agreement, with all further changes and amendments;

4) Eurasian convention - The Eurasian patent convention signed on September 9, 1994 in Moscow;

5) agreement of TRIPS (TRIPS) - The agreement on trade aspects of intellectual property rights signed on April 15, 1994 in Marrakech;

6) the state authorized body - the body of system of public administration authorized by the law in the sphere of intellectual property which functions connected with protection of intellectual property, and also other functions provided by this Law are performed by office of intellectual property of this body according to the procedure, established by this Law;

7) council on appeal - the council created in the state authorized body which, according to the charter, resolves the matters of argument connected with legal protection of objects of industrial property;

8) the patent - the document issued according to the procedure, established by this Law which, according to this Law, certifies the provision fact to the invention of legal protection and thereof - exclusive right on this invention;

9) the patent for the invention - the patent with effective period of 20 years granted according to part 1 of article 28 of this Law;

10) the short-term patent for the invention - the patent with effective period of 10 years granted according to part 1 of article 28 of this Law;

11) person - physical person, the individual entrepreneur, the organization;

12) the applicant - person addressed to whom the patent is asked;

13) the patentee - person owning the patent;

14) the request - the document package represented to the state authorized body for the purpose of receipt of the patent according to the procedure, established by this Law;

15) the international request - the application for receipt of the patent submitted to the state authorized body according to DPK;

16) national stage - process of consideration of the international request according to this Law;

17) the Eurasian request - the application for receipt of the Eurasian patent submitted according to the Eurasian convention, in the state authorized body;

18) the Eurasian patent - the patent granted according to the Eurasian convention;

19) the representative - person, authorized to represent in the state authorized body of the applicant, patentee or other interested person;

20) date - day, month, year;

21) mutatis mutandis (mutatis mutandis) - with corresponding changes (in the sense specified in the agreement of TRIPS (TRIPS).

Article 3. Legislation on inventions

1. The legislation on inventions consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, this Law and other legal acts.

2. In case of contradictions between regulations of the international treaties ratified by the Republic of Armenia, and this Law regulations of international treaties are applied.

Article 4. Basis for legal protection of inventions

1. The rights to the invention in the territory of the Republic of Armenia are acquired and protected by the patent granted in the procedure established by the law.

2. According to the Eurasian convention, in the territory of the Republic of Armenia the rights following from the Eurasian patent are recognized and protected.

Article 5. Forms of legal protection of inventions

1. Legal protection of inventions in the Republic of Armenia is performed based on the security documents issued according to this Law and also the Eurasian patent.

2. According to this Law, the following security documents are issued:

1) patent for the invention;

2) short-term patent for the invention.

3. Provisions of this Law are equally applied both to patents, and to short-term patents if other is not provided by this Law.

Article 6. Rights of foreign persons

1. Foreign physical persons and the organizations according to international treaties with participation of the Republic of Armenia or by the principle of reciprocity have the rights provided by this Law and bear responsibility equally with citizens and the organizations of the Republic of Armenia.

2. To use the principle of reciprocity, availability of reciprocity proves person wishing them to use.

Article 7. State authorized body

1. State authorized body:

Accepts 1) and considers requests according to inventions, carries out their expertize, publishes requests and patents granted on their basis, performs state registration of inventions, hands patents on behalf of the state;

2) by results of examination of the invention in essence is prepared by the conclusion about patentability of the invention or orders its preparation to foreign national or regional patent authority with which has the relevant agreement;

3) is performed by maintaining and storage of the state registers of the inventions and other registers provided by this Law;

4) registers assignment of rights on inventions and licenses, including franchizing;

5) provides to inventions additional legal protection in the cases provided by this Law;

6) provides the information concerning inventions, provided by this Law;

7) represents the Republic of Armenia in the questions connected with inventions in the foreign and international organizations;

8) acts as department of the receiver for the international applications submitted according to the DPK procedure and the Eurasian applications submitted according to the procedure of the Eurasian convention.

2. The state authorized body "Industrial property" in which publishes data on requests for inventions, the granted patents, and also on other activities has the official sheet.

3. The state authorized body provides availability of data on requests and patents to the public with electronic method.

4. The state authorized body has the council on appeal consisting of the chairman and eight members who combine the work in council with the positions of public service held by them. The staff of council on appeal is approved by the head of the state authorized body. The charter of council on appeal, claim treatment procedure, statements and objections approves the Government.

Article 8. Provision of information of the public

1. Any person, according to the statement, on condition of payment of the state fee established by the law, can study the documents concerning requests and to get acquainted with the materials concerning the acquired or registered rights taking into account requirements, the stipulated in Clause 9 these Laws.

2. Based on the submitted applications the state authorized body renders services in the procedure established by it to any person.

Article 9. Confidentiality of clerical work according to requests

1. Determination of confidentiality level of the inventions containing the data which are the state or official secret their use and publication of information about them are performed according to the procedure, established by the Government.

2. According to the Law "About the State and Official Secret", all documents of the request including data on the object which is considered confidential (the request for the secret site) are constituted and considered according to requirements of the specified law.

3. Before publication of data on requests for receipt of the patent for the invention or short-term patents for the invention in the official sheet of the state authorized body their materials are considered as confidential.

4. The materials which are considered confidential according to part 3 of this Article, become available to acquaintance only from written consent or permission of the applicant, and for acquaintance of the bodies performing pretrial investigation on criminal cases and vessels - in the procedure established by the law. At the same time, the specified materials are considered available to acquaintance if it is possible to get acquainted with them by the method which is not forbidden by the law.

5. Any person who proves that the applicant in writing informed him on contents of the request and the asked legal amount can get acquainted with the materials which are considered confidential according to part 3 of this Article without the additional consent or permission of the applicant.

6. The deposited biological material specified regarding 3rd article 44 of this Law is available by provision of its sample:

1) before publication of data on the request for the invention - only for persons having the appropriate authority established by the procedure provided by part of 1 this Article, and established by part 4 of this Article;

2) after publication of data on the request for the invention before patent grant - to any person addressing for this purpose or, upon the demand of the applicant - only to the independent expert;

3) after patent grant - to any person based on the statement, irrespective of circumstance of cancellation of the patent or recognition its invalid.

7. According to part 6 of this Article, the sample of the pledged biological material is provided if person submitting the application during action of the patent guarantees:

1) that will not make sample or any material received from it available to the third parties;

2) that will not begin to use sample or any material received from it in any other purposes (except for the research purposes) if the applicant or the patentee did not grant such right.

8. If the request concerning biological material is rejected or withdrawn, then availability of the pledged material based on the statement of the applicant is limited for a period of 20 years since year of application with provision of this right to the independent expert. Provisions of part 7 of this Article are in that case applied.

9. The statements specified in Item 2 of part 6 and in part 8 of this Article, the applicant can give not later, che in 10 working days prior to day of the planned publication of data on the request.

10. Before publication in the official sheet of the request for receipt of the patent for the invention or data on receipt of the short-term patent for the invention the state authorized body can open or provide to the third parties the following data:

1) requisition number;

2) date of application, and in case of priority purchase - also date, number and the country of submission of the first request;

3) the data concerning the applicant (for physical person - name, surname, the residence, for the individual entrepreneur - name, surname, middle name (in the presence) (marked the individual entrepreneur), the accounting address, for the organization - the name, the location;

4) the name of the invention if it does not disclose essence of this invention.

Article 10. Consequences of filing of applications without document confirming payment of the state fee

1. The statements for making of the actions provided by this Law submitted without document confirming payment of the corresponding state fee are considered not given if other is not provided by this Law.

Article 11. Times for notification

1. The state authorized body during three workers day after adoption of any decision, sends the decision to the applicant post or other means of communication, including by e-mail specified by the applicant. Decisions go one of specified in this part by method, at the choice of the applicant. If the decision is sent to the applicant at its choice not by the mailing, then he can be hit it personally in hands in the state authorized body within three months after sending the decision.

2. The other notifications and requests provided by this Law go within three working days after the corresponding terms or making of actions established by the law, post or other means of communication, including by e-mail specified by the applicant. Notifications and requests are sent the applicant per one of specified in this part by method, at its choice. If the notification is sent to the applicant at its choice not by the mailing, then he can be hit it personally in hands in the state authorized body within three months after sending the decision.

Chapter 2. Legal protection of the invention

Article 12. Conditions of patentability of the invention

1. According to this Law, as the invention the technical solution in any sphere concerning products (in particular, devices, material, biotechnological product) or method (process of implementation of actions on material object by means of appliances), including applications of products or method on certain appointment is protected.

2. The patent for the invention is granted in the procedure established by this Law if it new, has inventive level and is industrially applicable (conditions of patentability of the invention).

3. The short-term patent for the invention is granted in the procedure established by this Law if it new, does not follow from directly from technological level and is industrially applicable (conditions of patentability of the invention protected by the short-term patent).

4. The patent for the invention is granted even if it concerns the products containing biological material or consisting of them, or method which makes, processed or used biological material. The biological material emitted from the environment or made by technical process can be subject of the invention even if earlier it existed in the nature.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.