- Law on Patents*
- Law on Patents*(of October 26, 1999)
- Chapter IGeneral Provisions
- Chapter IIConditions of Patentabilityfor Industrial Property Subject Matter
- Chapter IIIInventors of Industrial Property Subject Matterand Patent Owners
- Chapter IVExclusive Right to Use Industrial Property Subject Matter
- Chapter VPatentability of Industrial Property Subject Matter
- Patent Application Documents
- Applications for Inventions
- Applications for Utility Models
- Applications for Industrial Designs
- Priority of Industrial Property Subject Matter
- Preliminary Examinations of Applications for Inventions
- Official Publication and Submission for Universal Disclosure of Applications for Inventions
- Appeals
- Examination of Appeals
- Substantive Examination of Inventions
- Temporary Legal Protection for Inventions
- Examination of Utility Model Applications
- Examination of Applications for Industrial Designs
- Conversion of Applications
- Grant of a Patent and Publication of Information Thereon
- Withdrawal of Applications and Refusal of Patents
- Chapter VITermination of Validity of Patents
- Chapter VIIProtection of the Rights of Inventors and Patent Owners
- Chapter VIIIFinal Provisions
- Law on Patents*(of October 26, 1999)
Law on Patents * (of October 26, 1999)
TABLE OF CONTENTS **
Article
Chapter I: General Provisions
Objectives of the Law ................................................... 1
Industrial Property Legislation ...................................... 2
Patent Office of the Republic of Armenia ..................... 3
Legal Protection of Industrial Property Subject Matter . 4
Chapter II: Conditions of Patentability for Industrial Property Subject Matter
Patentability Criteria for Inventions .............................. 5
Conditions of Patentability for Utility Models .............. 6
Conditions of Patentability for Industrial Designs ........ 7
Chapter III: Inventors of Industrial Property Subject Matter and Patent Owners
Inventors of Industrial Property Subject Matter ............ 8
Patent Owners of Industrial Property Subject Matter .... 9
Transfer by Succession of the Rights of the Inventor and of the Industrial Property Patent Owner................. 10
Chapter IV: Exclusive Right to Use Industrial Property Subject Matter
Rights and Obligations of Patent Owners..................... 11
Use of Industrial Property Subject Matter..................... 12
Actions not Considered to Infringe a Patent Owner’s Exclusive Right............................................................. 13
Right of Prior Use......................................................... 14
Provision of the Right to Use Industrial Property Subject Matter............................................................... 15
Compulsory Licenses.................................................... 16
Infringement of a Patent................................................ 17
Chapter V: Patentability of Industrial Property Subject Matter
Patent Application Documents...................................... 18
Applications for Inventions........................................... 19
Applications for Utility Models.................................... 20
Applications for Industrial Designs............................... 21
Priority of Industrial Property Subject Matter............... 22
Preliminary Examinations of Applications for Inventions...................................................................... 23
Official Publication and Submission for Universal Disclosure of Applications for Inventions..................... 24
Appeals......................................................................... 25
Examination of Appeals................................................ 26
Substantive Examination of Inventions......................... 27
Temporary Legal Protection for Inventions.................. 28
Examination of Utility Model Applications.................. 29
Examination of Applications for Industrial Designs..... 30
Conversion of Applications........................................... 31
Grant of a Patent and Publication of Information Thereon......................................................................... 32
Withdrawal of Applications and Refusal of Patents...... 33
Chapter VI: Termination of Validity of Patents
Opposition to Patents.................................................... 34
Premature Termination of the Validity of Patents......... 35
Chapter VII: Protection of the Rights of Inventors and Patent Owners
Responsibility for Infringement of the Rights of the Creators of Inventions, Utility Models and Industrial Designs.......................................................................... 36
Chapter VIII: Final Provisions
Restoration of Missed Time Limits............................... 37
Patentability of Inventions, Utility Models or Industrial Designs Abroad............................................. 38
Rights of Foreign Natural and Legal Persons................ 39
Patent Fees.................................................................... 40
Transitional Provisions................................................. 41
1. This Law shall govern the economic relationships and the non-economic personal relationships deriving from the creation, legal protection and use of inventions, utility models and industrial designs (hereinafter referred to as “industrial property subject matter”).
2.—(1) The economic relationships and the non-economic personal relationships deriving from the legal protection and use of inventions, utility models and industrial designs shall be governed by the Constitution of the Republic of Armenia, the Civil Code of the Republic of Armenia, this Law and other legislative instruments.
(2) Where alternative provisions are made by international agreements to which the Republic of Armenia is party, those provisions shall apply.
3.—(1) In accordance with this Law, the Patent Office of the Republic of Armenia (hereinafter “the Office”) shall receive applications for the protection of industrial property subject matter, examine those applications, issue patents, publish texts concerning the implementation of this Law and public information, shall ensure the legal protection of industrial property subject matter and carry out the other duties laid down by its statutes.
(2) The Office shall have an Appeals Board responsible for resolving disputes arising from the legal protection of industrial property subject matter.
(3) The activities of the Appeals Board shall be governed by Regulations approved by the Office.
4.—(1) The rights in inventions, utility models and industrial designs shall be protected by the law and attested to by a patent.
(2) A patent shall attest to the exclusive right to use the industrial property subject matter, the priority date of the subject matter, and authorship of the subject matter.
(3) The term of a patent for an invention shall be 20 years from the day on which the application is filed, if it is granted on the basis of a substantive examination of the invention (basic patent), or 10 years, if it is granted without a substantive examination of the invention (preparatory patent), a patent for an industrial design—15 years, and a patent for a utility model—10 years.
(4) The scope of legal protection afforded by a patent for an invention or a utility model shall be determined by the claims and the scope of legal protection afforded by a patent for an industrial design shall be determined by the sum of its essential features as shown in the photographs of the article (model or design) and which are listed in the description of the industrial design.
(5) The use of inventions, utility models and industrial designs that are considered secret by the State and the publication of any particulars concerning them shall be governed by provisions laid down in the legislation of the Republic of Armenia.
(6) No legal protection shall be afforded to inventions, utility models and industrial designs, the use of which is contrary to the public interest, to humane principles or to morality.
5.—(1) An invention shall enjoy the protection afforded by this Law if it is novel, involves an inventive step and is industrially applicable (patentability criteria for inventions).
(2) An invention shall be considered novel if it does not form part of the prior art.
(3) An invention shall involve an inventive step if it is not obvious to a person skilled in the art from the prior art.
(4) The prior art shall consist of any kind of information on technical solutions (individual parts), that has become generally available anywhere in the world prior to the day, month and year (hereinafter “the date”) of priority of the invention concerned. The prior art shall also include the subject matter of inventions and utility models with the earliest possible priority, and disclosed applications filed with the Office, provided that the Office subsequently publishes the applications in question or the patents granted on the basis thereof.
(5) Disclosure of the subject matter of an invention by the inventor (or applicant) or by any other person who has obtained the information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the information has been disclosed no earlier than 12 months prior to the filing date of the application or, where an earlier priority date is claimed, no earlier than 12 months prior to that date.
(6) An invention shall be industrially applicable if it can be made or used in industry, agriculture, public health or in other fields.
(7) The subject matter of an invention may be a device, process, substance, strain of a microorganism, strain of plant or animal cells, or also the use of a known device, process, substance or strain for a new purpose.
(8) The following shall not constitute patentable inventions:
1. scientific theories and mathematical methods;
2. methods of economic organization and management;
3. symbols, schedules and rules;
4. methods and rules for performing mental acts;
5. algorithms for computers;
6. projects and plans for structures and buildings and for land development;
7. proposals concerning the outward appearance of manufactured articles and intended to satisfy exclusively aesthetic requirements;
8. plant varieties and animal breeds.
6.—(1) Any novel industrially applicable solution that concerns the technical construction of means of production and consumer articles or parts thereof (patentability criteria for utility models) may enjoy the protection afforded by this Law to utility models.
(2) A utility model shall be considered novel if it does not form part of the prior art.
(3) The prior art shall consist of all generally available information published anywhere in the world before the priority date of the claimed utility model, with respect to means having the same purpose as the utility model, and of information on the application of such means in the Republic of Armenia. The prior art shall also include the subject matter of the inventions and utility models with the earliest priority date, disclosed in applications filed with the Office, provided that the Office subsequently publishes the applications in question or the patents granted on the basis thereof.
(4) Disclosure of the subject matter of a utility model by the creator (or applicant) or by any other person who has obtained the information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the disclosure took place no earlier than 12 months preceding the filing date of the application for the utility model or, if an earlier priority date is claimed, no earlier than 12 months preceding that date.
(5) A utility model shall be industrially applicable if it can be made or used in industry, agriculture, public health or in other fields.
(6) Processes, substances, strains of microorganisms, strains of plant or animal cells, their use for a new purpose and also the subject matter set out in Article 5(8) of this Law may not be protected as utility models.
7.—(1) Any artistic and technical solution defining the outward appearance of an article shall enjoy protection as an industrial design under this Law, if it is novel, original and industrially applicable (patentability criteria for industrial designs).
(2) An industrial design shall be novel if generally available information, of whatever kind, shows that the sum of its essential features determining the special aesthetic and/or functional aspects of the article in which it is embodied was not known anywhere in the world before the priority date of the design.
(3) Disclosure of the subject matter of an industrial design by the creator (or applicant) or by any other person who has obtained such information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the disclosure took place no earlier than six months preceding the filing date of the application for the industrial design or, where an earlier priority date is claimed, no earlier than six months preceding that date.
(4) An industrial design shall be considered original, if its essential features determine the creative nature of the special aesthetic aspects of the article in which it is embodied.
(5) An industrial design shall be considered industrially applicable, if it can be reproduced in multiple quantities by the manufacture of the corresponding article.
(6) The following shall not constitute patentable industrial designs:
1. solutions that are determined exclusively by the technical functions of the manufactured article;
2. solutions that relate to architectural works (with the exception of small-scale architectural forms) and industrial, hydraulic and other stationary structures;
3. printed matter as such;
4. solutions that relate to subject matter of unstable form such as liquids, gaseous and dry substances or the like.
8.—(1) The natural person whose creative work has resulted in an invention, utility model or industrial design shall be recognized as the author of the invention, utility model or industrial design.
(2) Where the industrial property subject matter is the result of the joint creative work of more than one natural person, those persons shall be recognized as the joint inventors. Relations between the joint inventors shall be determined by a contract concluded between them.
(3) Assistance of a non-creative nature, be it technical or organizational help, assistance with the formulation of rights and so on, in producing the invention, utility model or industrial design shall not affect joint authorship.
(4) The right of authorship shall be inalienable and shall be a non-transferable personal immaterial right which is valid on a permanent basis.
(5) An inventor shall have the right not to be mentioned as such in any information published with respect to the patent.
(6) An inventor shall be entitled to give a name to industrial property subject matter he has created.
9.—(1) A patent for an invention, utility model or industrial design shall be granted to the inventor (or joint inventors) or to their heirs, the employer or to any other natural or legal persons (patent owner); in the latter case, a contract shall have been concluded between the inventor or joint inventors and the person concerned, and that person shall have been designated by the inventor or inventors or their successors in title in the patent application filed with the Office or in a declaration filed with the Office prior to State registration of the invention, utility model or industrial design.
(2) A patent for an invention, utility model or industrial design (service invention, utility model or industrial design), created by an employee as part of his professional duties or tasks set by the employer, shall be granted to the employer if appropriate provision is made by the contract concluded between them.
Article
Chapter I: General Provisions
Objectives of the Law ................................................... 1
Industrial Property Legislation ...................................... 2
Patent Office of the Republic of Armenia ..................... 3
Legal Protection of Industrial Property Subject Matter . 4
Chapter II: Conditions of Patentability for Industrial Property Subject Matter
Patentability Criteria for Inventions .............................. 5
Conditions of Patentability for Utility Models .............. 6
Conditions of Patentability for Industrial Designs ........ 7
Chapter III: Inventors of Industrial Property Subject Matter and Patent Owners
Inventors of Industrial Property Subject Matter ............ 8
Patent Owners of Industrial Property Subject Matter .... 9
Transfer by Succession of the Rights of the Inventor and of the Industrial Property Patent Owner................. 10
Chapter IV: Exclusive Right to Use Industrial Property Subject Matter
Rights and Obligations of Patent Owners..................... 11
Use of Industrial Property Subject Matter..................... 12
Actions not Considered to Infringe a Patent Owner’s Exclusive Right............................................................. 13
Right of Prior Use......................................................... 14
Provision of the Right to Use Industrial Property Subject Matter............................................................... 15
Compulsory Licenses.................................................... 16
Infringement of a Patent................................................ 17
Chapter V: Patentability of Industrial Property Subject Matter
Patent Application Documents...................................... 18
Applications for Inventions........................................... 19
Applications for Utility Models.................................... 20
Applications for Industrial Designs............................... 21
Priority of Industrial Property Subject Matter............... 22
Preliminary Examinations of Applications for Inventions...................................................................... 23
Official Publication and Submission for Universal Disclosure of Applications for Inventions..................... 24
Appeals......................................................................... 25
Examination of Appeals................................................ 26
Substantive Examination of Inventions......................... 27
Temporary Legal Protection for Inventions.................. 28
Examination of Utility Model Applications.................. 29
Examination of Applications for Industrial Designs..... 30
Conversion of Applications........................................... 31
Grant of a Patent and Publication of Information Thereon......................................................................... 32
Withdrawal of Applications and Refusal of Patents...... 33
Chapter VI: Termination of Validity of Patents
Opposition to Patents.................................................... 34
Premature Termination of the Validity of Patents......... 35
Chapter VII: Protection of the Rights of Inventors and Patent Owners
Responsibility for Infringement of the Rights of the Creators of Inventions, Utility Models and Industrial Designs.......................................................................... 36
Chapter VIII: Final Provisions
Restoration of Missed Time Limits............................... 37
Patentability of Inventions, Utility Models or Industrial Designs Abroad............................................. 38
Rights of Foreign Natural and Legal Persons................ 39
Patent Fees.................................................................... 40
Transitional Provisions................................................. 41
1. This Law shall govern the economic relationships and the non-economic personal relationships deriving from the creation, legal protection and use of inventions, utility models and industrial designs (hereinafter referred to as “industrial property subject matter”).
2.—(1) The economic relationships and the non-economic personal relationships deriving from the legal protection and use of inventions, utility models and industrial designs shall be governed by the Constitution of the Republic of Armenia, the Civil Code of the Republic of Armenia, this Law and other legislative instruments.
(2) Where alternative provisions are made by international agreements to which the Republic of Armenia is party, those provisions shall apply.
3.—(1) In accordance with this Law, the Patent Office of the Republic of Armenia (hereinafter “the Office”) shall receive applications for the protection of industrial property subject matter, examine those applications, issue patents, publish texts concerning the implementation of this Law and public information, shall ensure the legal protection of industrial property subject matter and carry out the other duties laid down by its statutes.
(2) The Office shall have an Appeals Board responsible for resolving disputes arising from the legal protection of industrial property subject matter.
(3) The activities of the Appeals Board shall be governed by Regulations approved by the Office.
4.—(1) The rights in inventions, utility models and industrial designs shall be protected by the law and attested to by a patent.
(2) A patent shall attest to the exclusive right to use the industrial property subject matter, the priority date of the subject matter, and authorship of the subject matter.
(3) The term of a patent for an invention shall be 20 years from the day on which the application is filed, if it is granted on the basis of a substantive examination of the invention (basic patent), or 10 years, if it is granted without a substantive examination of the invention (preparatory patent), a patent for an industrial design—15 years, and a patent for a utility model—10 years.
(4) The scope of legal protection afforded by a patent for an invention or a utility model shall be determined by the claims and the scope of legal protection afforded by a patent for an industrial design shall be determined by the sum of its essential features as shown in the photographs of the article (model or design) and which are listed in the description of the industrial design.
(5) The use of inventions, utility models and industrial designs that are considered secret by the State and the publication of any particulars concerning them shall be governed by provisions laid down in the legislation of the Republic of Armenia.
(6) No legal protection shall be afforded to inventions, utility models and industrial designs, the use of which is contrary to the public interest, to humane principles or to morality.
5.—(1) An invention shall enjoy the protection afforded by this Law if it is novel, involves an inventive step and is industrially applicable (patentability criteria for inventions).
(2) An invention shall be considered novel if it does not form part of the prior art.
(3) An invention shall involve an inventive step if it is not obvious to a person skilled in the art from the prior art.
(4) The prior art shall consist of any kind of information on technical solutions (individual parts), that has become generally available anywhere in the world prior to the day, month and year (hereinafter “the date”) of priority of the invention concerned. The prior art shall also include the subject matter of inventions and utility models with the earliest possible priority, and disclosed applications filed with the Office, provided that the Office subsequently publishes the applications in question or the patents granted on the basis thereof.
(5) Disclosure of the subject matter of an invention by the inventor (or applicant) or by any other person who has obtained the information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the information has been disclosed no earlier than 12 months prior to the filing date of the application or, where an earlier priority date is claimed, no earlier than 12 months prior to that date.
(6) An invention shall be industrially applicable if it can be made or used in industry, agriculture, public health or in other fields.
(7) The subject matter of an invention may be a device, process, substance, strain of a microorganism, strain of plant or animal cells, or also the use of a known device, process, substance or strain for a new purpose.
(8) The following shall not constitute patentable inventions:
1. scientific theories and mathematical methods;
2. methods of economic organization and management;
3. symbols, schedules and rules;
4. methods and rules for performing mental acts;
5. algorithms for computers;
6. projects and plans for structures and buildings and for land development;
7. proposals concerning the outward appearance of manufactured articles and intended to satisfy exclusively aesthetic requirements;
8. plant varieties and animal breeds.
6.—(1) Any novel industrially applicable solution that concerns the technical construction of means of production and consumer articles or parts thereof (patentability criteria for utility models) may enjoy the protection afforded by this Law to utility models.
(2) A utility model shall be considered novel if it does not form part of the prior art.
(3) The prior art shall consist of all generally available information published anywhere in the world before the priority date of the claimed utility model, with respect to means having the same purpose as the utility model, and of information on the application of such means in the Republic of Armenia. The prior art shall also include the subject matter of the inventions and utility models with the earliest priority date, disclosed in applications filed with the Office, provided that the Office subsequently publishes the applications in question or the patents granted on the basis thereof.
(4) Disclosure of the subject matter of a utility model by the creator (or applicant) or by any other person who has obtained the information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the disclosure took place no earlier than 12 months preceding the filing date of the application for the utility model or, if an earlier priority date is claimed, no earlier than 12 months preceding that date.
(5) A utility model shall be industrially applicable if it can be made or used in industry, agriculture, public health or in other fields.
(6) Processes, substances, strains of microorganisms, strains of plant or animal cells, their use for a new purpose and also the subject matter set out in Article 5(8) of this Law may not be protected as utility models.
7.—(1) Any artistic and technical solution defining the outward appearance of an article shall enjoy protection as an industrial design under this Law, if it is novel, original and industrially applicable (patentability criteria for industrial designs).
(2) An industrial design shall be novel if generally available information, of whatever kind, shows that the sum of its essential features determining the special aesthetic and/or functional aspects of the article in which it is embodied was not known anywhere in the world before the priority date of the design.
(3) Disclosure of the subject matter of an industrial design by the creator (or applicant) or by any other person who has obtained such information directly or indirectly from the latter (the burden of proof of the foregoing shall be on the applicant) shall not affect patentability, provided that the disclosure took place no earlier than six months preceding the filing date of the application for the industrial design or, where an earlier priority date is claimed, no earlier than six months preceding that date.
(4) An industrial design shall be considered original, if its essential features determine the creative nature of the special aesthetic aspects of the article in which it is embodied.
(5) An industrial design shall be considered industrially applicable, if it can be reproduced in multiple quantities by the manufacture of the corresponding article.
(6) The following shall not constitute patentable industrial designs:
1. solutions that are determined exclusively by the technical functions of the manufactured article;
2. solutions that relate to architectural works (with the exception of small-scale architectural forms) and industrial, hydraulic and other stationary structures;
3. printed matter as such;
4. solutions that relate to subject matter of unstable form such as liquids, gaseous and dry substances or the like.
8.—(1) The natural person whose creative work has resulted in an invention, utility model or industrial design shall be recognized as the author of the invention, utility model or industrial design.
(2) Where the industrial property subject matter is the result of the joint creative work of more than one natural person, those persons shall be recognized as the joint inventors. Relations between the joint inventors shall be determined by a contract concluded between them.
(3) Assistance of a non-creative nature, be it technical or organizational help, assistance with the formulation of rights and so on, in producing the invention, utility model or industrial design shall not affect joint authorship.
(4) The right of authorship shall be inalienable and shall be a non-transferable personal immaterial right which is valid on a permanent basis.
(5) An inventor shall have the right not to be mentioned as such in any information published with respect to the patent.
(6) An inventor shall be entitled to give a name to industrial property subject matter he has created.
9.—(1) A patent for an invention, utility model or industrial design shall be granted to the inventor (or joint inventors) or to their heirs, the employer or to any other natural or legal persons (patent owner); in the latter case, a contract shall have been concluded between the inventor or joint inventors and the person concerned, and that person shall have been designated by the inventor or inventors or their successors in title in the patent application filed with the Office or in a declaration filed with the Office prior to State registration of the invention, utility model or industrial design.
(2) A patent for an invention, utility model or industrial design (service invention, utility model or industrial design), created by an employee as part of his professional duties or tasks set by the employer, shall be granted to the employer if appropriate provision is made by the contract concluded between them.