Patents of Invention

– Law on Patents, effective as of July 1, 2021.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since April 22, 1993.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 17, 1994.
– Patent Cooperation Treaty (PCT), since May 17, 1994.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), party since August 14, 1994.
– Eurasian Patent Convention, since February 27, 1996.
– WTO’s TRIPS Agreement, since February 5, 2003.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since March 6, 2005.
– Strasbourg Agreement Concerning the International Patent Classification, since December 6, 2005.
– Patent Law Treaty, since September 17, 2013.

Filing

Applicant: natural person or legal entities.

Foreigners: must appoint a local agent in Armenia.

Protection of foreigners: they enjoy the same rights as Armenian nationals.

Naming of the inventor(s): the invertor(s) is(are) indicated.

Types of patents: patent for an invention, short-term patent for an invention. The same invention may be the subject of an application for a patent and an application for a short-term patent. The request for two types of patents can be fulfilled by simultaneously filing the relevant applications by the same applicant.

Kinds of patents: can be granted for devices, processes, substances, strains of microorganisms, the use of a known device, process, substance or strain for a new purpose.

Patentability: a patent is granted for an invention which is new, which is a result of creative work, which has an inventive level and is industrially applicable.

Novelty: the claimed invention should not have been made available in Armenia or abroad to the public by publication, exhibition, demonstration or use.

Novelty grace period: twelve months.

Inventive level: should not be obvious to persons skilled in the art. 

Exception to protection: scientific theories and mathematical methods, methods of economic organization and management, symbols, schedules and rules, methods for performing mental acts, computer algorithms, solutions, referring to the outward appearance of an object, which have only an esthetical meaning; projects and plans for structures and buildings and for land developments; computer programs, topographies and integral circuits; sorts of plants and species of animals, as well as natural biological methods for obtaining such; methods of human cloning; the use of human embryo for industrial and commercial purposes; methods of modifying the generic identification of cells of human embryo; methods of modifying the generic identification of animals, as well as the animal obtained by this method; proposals that are contrary to the public interest, humanitarian principles or morality.

Unity of the invention: application for an invention must cover one invention only, or a group of inventions forming a single inventive concept.

Priorities: according to the Paris Convention, within twelve months.

Territory covered: the Republic of Armenia.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, signed by director/president/CEO of the company and certified with the company seal/stamp (if available). If signed by another authorized person, his/her authority must be notarized;
2. Specification and abstract (to be translated into Armenian);
3. Drawings;
4. Priority document, if priority is claimed, to be filed within three months from the filing date.

Minimum requirements to obtain a filing date: title of the invention, name and address of the applicant(s), description of the invention and claims.

Term for filing the missing documents: three months from the application filing date.

Electronic filing: available, however filing fees are not reduced.

Electronic signatures: are not accepted (only wet signatures). Further, any original signed document must either be filed with the application or later within two months from the official notification date.

PCT applications: requirements are the same as for national applicants. Time limit for entering national phase under both Chapters I and II: 31 months. If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II). Types of protection available via the PCT: Eurasian: inventions; national: inventions, utility models.

For a change of name:
1. A certified document (such as an extract from the Companies Register);
2. Power of attorney.

For a change of address:
1. Power of attorney with the new address. It must be signed by director/president/CEO of the company and certified with the company seal/stamp (if available). If signed by another authorized person the document must be notarized. Please note that the Notary Public must certify both the authenticity of the signer and his power to sign the document on behalf of the company according the Statute of the company. Legalization is not required.

Examination Procedure

Examination: formal, preliminary and substantive examinations.

Formal examination: checks claimed type of the patent and establishes Convention priority.

Preliminary examination: comprises checking the compliance of the application contents, additional materials or evidences and their forms with the requirements of the law. The preliminary examination is conducted within three months from the application filing date and based on the examination results, the application is published.

Substantive examination: to obtain a patent for a period of twenty years, a substantive examination is carried out at the request of the applicant or any third party, which must be filed within five years from the date of filing the application or entering the national phase of the international application. Based on the results of the substantive examination, taking into account the objections from third parties received after the application publication and the arguments presented by the applicant, a decision is adopted to grant the patent for a period of twenty years or to refuse to grant it.

Accelerated examination: provided with payment of a fee. 

Amendments to the application: voluntary amendments may be submitted to the Patent Office during the entire period of the examination or within two months following the receipt of the examination inquiry. Additional materials extending or changing the subject matter of an application are not accepted.

Divisional application: may be filed during examination and prior to publication if the requirements regarding the unity of the examined invention are not met; a divisional application retains the priority of the basic application.

Opposition against grant of patent: available.

Secrecy: is provided.

Prior use disputes: are solved at the court.

Granting

Publication: the application is published in the Official Gazette “Industrial Property” after the expiration of eighteen months from the priority date. The applicant can demand the publication of the application before that term, however not earlier than three months from the date of filing the application.

Beginning of protection: exclusive rights are obtained after the patent publication.

Granting: information on the granted patent is published in the Official Gazette of the Patent Office right after the grant.

Delivery of document: the patent certificate is issued in paper format.

Duration: twenty years from the filing date or ten years for short-term patents.

Supplementary protection: pharmaceutical patents can be granted supplementary protection for no more than five years. In this case, the request for providing supplementary legal protection, with permission from the corresponding competent body allowing the pharmaceuticals to be put on the market enclosed, must be submitted to the Patent Office within six months from the permission granting date or within six months from the basic patent granting date, if the above-mentioned permission is granted earlier than the basic patent. 

Paediatric extension: not provided. 

Annuities: are paid from the second year.

Annuities grace period: six months with payment of an additional fee of 50% of the annuity fee.

Working: not compulsory, however non-use within four years after the registration date may lead to a compulsory license. Are considered as validly working the invention, the manufacture, use, importation, exportation, storage, offering for sale or a license.

Modification of Protection after Granting

Rights of prior user: a prior user has the right to use the invention which is patented in the name of other person, however without expansion of the production volume.

Opposition to granted patents: to be filed before a court.

Cancellation – nullification: a request for cancellation or nullification may be filed by any interested person during the entire period of the validity of a patent.

License: must be registered.

Compulsory license: may be granted in case of non-use, or insufficient use, during four years from the application filing date, or three years from the patent granting date.

Official license: may be declared by a decision of the Government of Armenia if in the public interest.

Open license: provided for.

Assignments: must be registered with the Patent Office.

Infringement: is considered by courts.