of December 29, 2004 No. ZR-175
About patents
Accepted by National Assembly of the Republic of Armenia on December 8, 2004
This Law governs the property and personal non-property relations connected with creation, legal protection and use of the invention, useful model and industrial design (further also – object of industrial property).
1. The legislation on industrial property 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 international treaties of the Republic of Armenia provide other regulations, then these regulations are applied.
1. The state authorized body (further – authorized body) determined by the Government accepts according to this Law of the request for objects of industrial property, carries out expertize of requests, grants patents, performs the publishing activities relating to application of this Law and to public information on him and other functions provided by its charter.
2. The authorized body has the appeal council resolving the matters of argument connected with legal protection of objects of industrial property.
3. Appeal council acts on the basis of the Provision approved by authorized body.
1. The rights concerning the invention, useful model, industrial design are protected by the law and are confirmed respectively by the patent for the invention, the patent for useful model or the patent for industrial design.
2. The priority of the invention, useful model, industrial design, authorship of the invention, useful model, industrial design and exclusive right to them is confirmed by the corresponding patent.
3. The patent for the invention is effective before the expiration of 20 years from the date of application if it is issued on the basis of examination of the invention on being (the main patent), or before the expiration of 10 years if it is issued without conducting examination of the invention in essence (provisional patent), the patent for industrial design – before the expiration of 15 years, and the patent for useful model – before the expiration of 10 years.
4. Additional legal protection for the period between date of application for the invention and date of permission of the relevant authorized organ to introduction of this object in turnover in the market of the Republic of Armenia, but can be provided no more than 5 years to the pharmaceutical medicines which are considered as subjects of the patented invention, substances or ingredients having properties of preventive or medical impact per capita or animals, to chemical or biological substances for protection of plants, to methods of their obtaining, and also the materials necessary for production of these medicines, substances and ingredients and methods of their obtaining.
The application for purchase of additional legal protection to which the permission issued by authorized body specified in paragraph one of this part is enclosed moves in authorized body in six-months time from the date of issue of this permission or before the expiration of 6 months from the date of issue of the main patent if the specified permission is issued before the main patent.
5. The amount of the additional legal protection provided by the patent for the invention and useful model is determined by their formula, and amount of the legal protection provided by the patent for industrial design - set of the essential signs displayed in drawings of product (prototype, the drawing) and listed in the description of industrial design.
6. Determination of degree of privacy of inventions, useful models, industrial designs which contain the data which are the state and official secret their use and publication of information about them are performed in the procedure established by the Government.
7. Useful models and industrial designs which use contradicts interests of society, the principles of humanity and morals are not subject to legal protection of the invention.
1. In sense of this Law as the invention the technical solution in any area relating to product (in particular to the device, substance, biotechnical product) or to method is protected (to process of implementation of actions over material object by means of appliances). The invention is subject to legal protection if it is new, has inventive level and is industrially applicable (conditions of patentability of the invention).
2. The invention is new if it is not separate part of level of the equipment.
3. The invention has inventive level if it for the specialist of specific area explicitly does not follow from equipment level.
4. Level of the equipment includes any data on decisions in the field of the equipment (separate parts) which became public in the world to number, month, year (further - date) priority of this invention. Level of the equipment includes also essence of the inventions and useful models with earlier priority opened by the applications submitted to authorized body provided that these requests or patents granted on their basis will be published afterwards by authorized body.
5. Patenting is not interfered by public disclosure of essence of the invention by the author (applicant) or other person who directly or indirectly obtained from it information if it is made within 12 months preceding application for the invention, and in case of reclamation of earlier priority – within 12 months preceding date of this priority (this fact the applicant shall prove).
6. The invention is industrially applicable if it can be used in the industry, agricultural industry, health care and other areas.
7. According to this Law are not subject to legal protection:
a) opening, scientific theories and mathematical methods;
b) methods of the organization and management of economy;
c) symbols, schedules and rules;
d) rules of games, rules and methods of intellectual or economic activity;
e) algorithms of computers;
e) schemes of the layout and projects of constructions, buildings and rooms;
g) the decisions concerning appearance of product, having only esthetic value.
8. In sense of this law are not considered as patentable inventions:
a) plant varieties and breeds of animals, and also natural and biological methods of their obtaining and removal;
b) methods of cloning of the person;
c) use of embryos of the person for industrial or commercial purposes;
d) methods of modification of genetic identity of cages of germ of the person;
e) methods of modification of genetic identity of animals, and also the animal removed in such a way;
e) topology of integral chips.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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The document ceased to be valid since January 1, 2009 according to article 80 of the Law of the Republic of Armenia of June 28, 2008 No. ZR-111