WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/ARM/P/2 
14 April 2008 
 (08-1730) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
ARMENIA 
  The present document reproduces the text
1 of the Law on Patents, adopted 
on 8 December 2004, as notified by Armenia under Article 63.2 of the Agreement (see document 
IP/N/1/ARM2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ARMÉNIE 
  Le présent document contient le texte
1 de la Loi sur les brevets adoptée le 8 décembre 2004, 
notifiée par l'Arménie au titre de l'article 63:2 de  l'Accord (voir le document IP/N/1/ARM/2). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
ARMENIA 
  En el presente documento se reproduce el texto
1 de la Ley de Patentes, adoptada el 8 de 
diciembre de 2004, que Armenia ha notificado en virtud del párrafo 2 del artículo 63 del Acuerdo 
(véase el documento IP/N/1/ARM/2).  
                                                     
 
 1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/ARM/P/2 
Page 2  
 
Law on Patents 
 
Chapter 1 - General Provisions
 
Chapter 2 - Conditions for Patentability for Industrial Property Objects  
Chapter 3 - Inventor and Patent Owner of Industrial Property Object  
Chapter 4 - The Exclusive Right to the Invention, Utility Model or Industrial Design  
Chapter 5 - Patenting of Industrial Property Objects  
Chapter 6 - Termination of Validity of Patents  
Chapter 7 - Protection of Rights of Inventors and Patent Owners  
Chapter 8 - Final Provisions  
 
Chapter 1: General Provisions 
 
Article 1. Objectives of the Law  
 
This Law regulates the property and non-property pers onal relationships connected with the creation, 
legal protection and utilization of invention, utility m odel and industrial design (hereinafter referred to 
as “industrial property object”).  Article 2. Industrial Property Legislation  
 
(1) Industrial Property Legislation 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 the international agreements of the Republic of  Armenia state norms other than those stated by 
this Law then the international agreements norms shall apply. 
 
Article 3. State Authorized Body  
 (1) State Authorized Body (hereinafter “Authorized  Body”) which is determined by the Government 
of the Republic of Armenia shall, according to this  Law, accept applications for the protection of 
industrial property object, carry out examination of those applications, grant patents, realize 
publishing activities concerning the implementation of  this Law and public information and other 
functions set by its statutes.  (2) The Authorized Body shall have a Board of Appeal, which gives resolution to disputes concerning the legal protection of industrial property objects. 
 
(3) The Board of Appeal shall act in accordance w ith the adopted Statutes of the Authorized Body. 
 Article 4. Legal Protection of Industrial Property Object  
 (1) The rights in invention, utility model and industri al design shall be protected by the Law and shall 
be certified by invention patent, utility mode l patent and industrial design patent. 
 (2) The patent shall certify the priority date of th e invention, utility model or industrial design and the 
authorship and the exclusive right to the invention, utility model or industrial design.  
(3) The term of a patent on an invention shall be valid before the expiration of 20 years from the day 
on which the application is filed, if it is grante d on the basis of a substantive examination of the 
invention (basic patent), or 10 years, if it is gran ted without a substantive examination of the invention 
(provisional patent), a patent on an industrial design - before the expiration of 15 years, and a patent 
on a utility model - before the expiration of 10 years. 
  IP/N/1/ARM/P/2 
 Page 3 
 
 
(4) A supplementary legal protection may be grante d to preparation of pharmaceutical compositions 
or components, which are considered to be subject matter of patented invention and have features of 
preventive or medicinal effect on people or animals, to chemical or biological substances for plants 
protection, to the processes of their extraction, as we ll as to the substances necessary for production of 
those products, compositions or compounds, substan ces or ingredients and the processes of their 
extraction, for a period of time between the date of  filing of the application and the date of granting 
authorization from the appropriate competent body fo r putting that subject matter into circulation in 
the Republic of Armenia market, but  no longer than for 5 years. 
 The request for supplementary legal protection, wh ich is accompanied with the authorization granted 
by the competent body under part 1 of this paragr aph, shall be submitted to the Authorized Body 
within a period of six months from the date of gran ting of the authorization or before expiry of six 
months from the date of granting of the basic pate nt, if the above authorization was granted sooner 
than the basic patent.  
(5) The scope of legal protection conferred by a patent on an invention patent and a utility model 
patent shall be determined by claims, and the sc ope of legal protection c onferred by an industrial 
design patent shall be determined by the sum of its essential features as shown on the representations 
of the article (model or design) and listed in the list of the industrial design’s essential features.  (6) The determination of the degree of secretness  of, the use and publication of information on 
inventions, utility models  and industrial designs containing in formation that represents state and 
official secret shall be implemented in the order established by the Government of the Republic of 
Armenia.   (7) No legal protection shall be afforded to i nventions, utility models a nd industrial designs, the 
exploitation of which would be contrary to “order public”, humane principles or morality. 
 
Chapter 2: Conditions for Patentability for Industrial Property Objects 
 
Article 5. Conditions for Patentability for Invention 
 
(1) For the purpose of this Law a technical solution in  any field, relating to a product (particularly, a 
device, substance, biotechnological product) or pr ocess (process of affecting a material object using 
material means), shall be protected as an invention. An invention shall be granted legal protection if it 
is new, involves an inventive step and is indus trially applicable (conditions of patentability of 
invention).  
 
(2) An invention shall be considered to be new, if it does not form separate part of the state of the art. 
 (3) An invention shall be considered as involving an i nventive step, if having regard to the state of the 
art, it is not obvious to a person skilled in the art.  
(4) The state of the art shall be held to compri se any kind of information on technical solutions 
(separate parts) made available to the public anyw here in the world before the day, month and year 
(hereinafter “the date”) of priority of the inventio n concerned. Additionally, the state of the art shall 
be held to comprise the content of inventions and utility models, with the earlier priority, and 
disclosed applications filed with the Authori zed Body, provided that the Authorized Body 
subsequently publishes those applications or  the patents granted on the basis thereof. 
 (5) Such disclosure of information, relating to the i nvention, by the inventor (applicant) or any person 
having obtained the information directly or indir ectly from them, that made information on the 
essence of the invention public, shall not be deem ed as rendering the invention unpatentable, if the 
application on an invention were filed with the Authorized Body within 12 months after the said IP/N/1/ARM/P/2 
Page 4  
 
disclosure of information or, where an earlier priori ty date is claimed, no earlier than 12 months prior 
to that date (the burden of proof of the foregoing shall be on the applicant). 
 (6) An invention shall be deemed industrially appli cable, if it can be used in industry, agriculture, 
public health and in other fields.  
 
(7) According to this Law the following  are not subject to legal protection: 
 a) discoveries, scientific theories and mathematical methods, b) methods of economic organization and management, 
c) symbols, schedules and rules, 
d) rules of playing games, rules and methods of doing business or performing purely mental acts, e) algorithms for calculating machines, f) projects and plans for structures, buildings and for land development, g) solutions concerning the outward appearance of  manufactured articles having exclusively aesthetic 
requirements. 
 (8) For the purpose of this Law the following shall not constitute pa tentable inventions: 
 a) plant and animal varieties, as well as the essentially biological processes for the production of 
plants or animals, 
b) processes for cloning of human beings, 
c) uses of human embryos for industrial or commercial purposes, d) processes for modifying the gene tic identity of human beings, 
e) processes for modifying the genetic identity of  animals, as well animals resulting from such 
processes, 
f) topographies of integrated circuits. 
 Article 6. Condition for Patentability of Utility Model  
 (1) Any new and industrially applicable solution that  concerns the technical construction of means of 
production and consumer articles as well as compound  parts thereof (condition for patentability of 
utility model) shall be protected as a utility model in the order established by the Law. 
 (2) A utility model shall be considered to be new, if  it does not form separate part of the state of the 
art.  
(3) The state of the art shall be held to comprise  any kind of information on technical solutions made 
available to the public anywhere in the world be fore the date of priority of the utility model 
concerned. Additionally, the state of the art shall be held to comprise the content of inventions and 
utility models, with the earlier priority, and disclosed  applications filed with the Authorized Body, 
provided that the Authorized Body subsequently publ ishes those applications or the patents granted on 
the basis thereof. 
 
(4) Such disclosure of information, relating to the utility model, by the inventor (applicant) or any person having obtained the information directly or indirectly from them, that made information on the 
essence of the invention public, shall not be deem ed as rendering the invention unpatentable, if the 
application for the invention were  filed with the Authorized Body within 12 months after said 
disclosure of information or, where an earlier priori ty date is claimed, no earlier than 12 months prior 
to that date (the burden of proof of the foregoing shall be on the applicant). 
 (5) A utility model shall be deemed industrially appl icable, if it can be used in industry, agriculture, 
public health and in other fields. 
  IP/N/1/ARM/P/2 
 Page 5 
 
 
(6) Processes, substances, strains of microorganism s, biotechnological results, their use for a new 
purpose as well as the subject matters set out in Article 5(8) of this Law shall not be protected as utility models.  Article 7. Conditions for Patentability of Industrial Design  
 
(1) Any artistic and technical solution defining th e outward appearance of an article shall enjoy 
protection as an industrial design under this Law, if  it is novel, original and industrially applicable 
(condition for patentability of industrial design).   
(2) An industrial design shall be deemed new, if the sum of its essential features, determining the 
special aesthetic and/or ergonomic characteristic s of the article in which it is embodied, was not 
known from information generally available in the world before the priority date of the design.  (3) Public disclosure of the essence of an industria l design by the inventor, applicant or by any other 
person who has obtained such information directly or indirectly from the latter shall not affect 
patentability, provided that the disclosure took place no earlier than six months preceding the filing date of the application on an industrial design or, where an earlier priority date is claimed, no earlier 
than six months preceding that date  (the burden of proof of the fore going shall be on the applicant). 
 (4) An industrial design shall be deemed original, if its essential features determine the creative nature 
of the special aesthetic and/or ergonomic characteristics of the article in which it is embodied. 
 (5) An industrial design shall be deemed industriall y applicable, if it can be reproduced in multiple 
quantities by the manufacture of the corresponding article.  
(6) The following shall not be recogni zed as patentable industrial designs: 
 a) solutions that are determined exclusivel y by the technical function of the article, 
b) solutions that relate to architectural works (w ith the exception of small-scale architectural forms) 
and industrial, hydro technical and other stationary structures, c) solutions of printed products as such; 
d) solutions that relate to subject matter of unsta ble form such as liquids, gaseous and dry substances 
or the like.  
Chapter 3: Inventor and Patent Owner of Industrial Property Object 
 Article 8. Inventor of Industrial Property Object  
 (1) A natural person whose creative work resulted in the 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 object is the resu lt 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) Natural persons shall not be recognized as join t authors where they have not made a personal 
creative contribution to the creation of an invent ion, utility model or industrial design, but have 
simply given the inventor (or inventors) technical, organizational or material assistance or helped him 
(or them) in securing the legal rights in the industrial property object or in using it.  (4) The authorship right shall be an inalienable and non-transferable personal non-property right and 
shall be protected interminably. 
 IP/N/1/ARM/P/2 
Page 6  
 
(5) An inventor shall have the right not to be me ntioned as such in any information published with 
respect to the patent.  (6) An inventor shall be entitled to name the industr ial property object he has created by his name or 
by a special name if it is without prejudice to third person's rights protected by the legislation of the 
Republic of Armenia. 
 Article 9. Patent Owner of Industrial Property Object 
 (1) A patent on an invention, utility mode l or industrial design shall be granted to: 
 
the inventor (or joint inventors);  the employer in the cases provided for by item 2 of this Article;   
the successors of the mentioned persons, if the right to  be granted a patent is transferred to the formers 
by the order of comprehensive succes sion or according to an agreement 
 (2) A patent on an invention, utility model or i ndustrial 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 appropr iate provision is made by  the contract concluded 
between them. 
 (3) The level, conditions and procedure for paymen t of remuneration to the inventor of a service 
invention, utility model or industrial design shall be determined by agreement between the inventor 
and the employer and, in the absence of such an agreement, by court decision. 
 
(4) The employee shall be required to inform the empl oyer in writing, within one month of the date of 
the invention, of any invention made or any utility model or industrial design created in relation to the 
employee’s duties.  (5) If, within a period of three months of the date on which the employee has informed the employer 
of the invention that has been made, or of the u tility model or industrial design that has been created, 
the employer or his successor in title has not filed an application for a patent with the Authorized 
Body, the right to file an application and to grant a patent shall belong to the inventor.  (6) In this case, the employer shall enjoy the pre-em ptive right to receive a ordinary (nonexclusive) 
license for using the object in question. 
 Article 10. Transfer by Succession of the Rights of th e Inventor and Patent Owner of Industrial 
Property Object  
 
The right to file an application and to obtain a pa tent, the exclusive right to use an invention, utility 
model or industrial design, and the right to rem uneration for such use shall be transferred by 
succession as stipulated by law.  
Chapter 4: The Exclusive Right to the Invention, Utility Model or Industrial Design 
 Article 11. Rights and Obligations of the Patent Owner  
 (1) The patent owner shall have an exclusive right to  the invention, utility model or industrial design. 
The patent owner shall have an exclusive right to  prohibit third parties to use industrial property 
object protected by the patent without his permission as well as to use it at his discretion, if this is 
without prejudice to the rights of other patent owners.   IP/N/1/ARM/P/2 
 Page 7 
 
 
 (2) The exclusive right of the patent owner shall ta ke effect from the day of official publication of 
information on the grant of the patent.  (3) Where there are two or more joint owners, the relations concerning use of the industrial property 
object shall be governed by a contract concluded between those persons. In the absence of such a 
contract, each of the owners may use the protected  object as he wishes, but shall not be entitled to 
assign the patent to other persons nor to authorize (g rant a license) to use the protected subject matter 
without the consent of the remaining owners.  
(4) Infringement of the exclusive right of the pate nt owner shall mean commitment of the following 
actions without the authorization of the patent owner:  manufacture, application, import, offer for sale and other ways of putting of the subject matter 
protected by a patent into civil circulation or its storage for these purposes, 
 
use of a process protected by patent or the proposal on its use,  use, import, offer for sale, sale of a product directly  obtained by a patented process and other ways of 
its putting into civil circulation.   
Article 12. Use of Industrial Property Object  
 (1) Use of industrial property object shall be consid ered to include the manufacture, application, offer 
for sale, sale, storage, import and other actions relating to the introduction into the economy of 
products containing the object, as well as the use of the process protected by the patent. 
 
(2) The product shall be considered to contain the patented invention or utility model, if it comprises 
each feature of the invention or utility model stated in an independent claim of the invention or utility 
model, or a feature equivalent to it.   (3) The process protected by the patent shall be c onsidered to have been used, provided that each 
feature of the independent claim of the invention or industrial model, or feature equivalent thereto, is 
used in the process.  (4) An article shall be considered to contain a pate nted industrial design, if all the essential features of 
the design are used in the article. 
 
(5) The validity of the patent on the process of obtai ning the products shall also extend to the products 
obtained directly by this process. In that regard , the products shall be considered to have been 
obtained by the patented process, if it is not shown that they are obtained by a different method. In 
this case, the burden of proof shall be placed on the a pplicant if the products obtained by the patented 
process are novel. 
 
Article 13. Acts Not Recognized as Infringements on the Exclusive Right of the Patent Owner 
 (1) The performance of the following acts shall not co nstitute an infringement of the exclusive rights 
of the patent owner: 
 
a) scientific research on a product or process, incorporating a patented invention or utility model, or scientific experiments with such product or process,   b) occasional preparation in pharmacies, based on p hysicians’ prescriptions, of medicaments using a 
patented invention IP/N/1/ARM/P/2 
Page 8  
 
 c) on any vehicle belonging to another State and inadvertently or temporarily located on the territory of the Republic of Armenia, if it is determined ex clusively by the needs of the vehicle and the latter 
belongs to the citizens and/or legal persons of a State providing the same rights to citizens and legal 
persons of the Republic of Armenia, 
 
d) use of a patented invention, utility model or industrial design for personal needs, not related to 
business activities, if the purpose of such  use is not to make profit (revenue), 
 e) if the products obtained by using the process c ontaining industrial property object protected by a 
patent, or a process protected by a patent has been  introduced into the Republic of Armenia according 
to the law by the patent owner himself or with his consent.  (2) Nor shall the import onto the territory of the Re public of Armenia of products obtained by using 
the process containing the industrial property object , or the process, protected by the patent be 
considered to infringe the patent owner’s exclusive ri ght, if the products are made available in another 
country by means of sale, according to the law, and by the patent owner or with his consent. 
 Article 14. Right of Prior Use  
 (1) Any person who, before the priority date of an  invention, utility model, industrial design, has used 
an identical solution created independently of the inve ntor and has used it bona fide in the territory of 
the Republic of Armenia or who has made the necessar y preparatory works for it, shall retain the right 
to further non-compensated use, provided that the sco pe of such a use is not extended (right of prior 
use).  
(2) The right of prior use shall be permitted to be transferred to another natural person or legal entity 
only together with the production unit in which the us e of the identical solution has taken place or the 
necessary preparations for such a use have been made.  Article 15. Grant of the Right to Use the Industrial Property Object and Assignment of Patent  
 
(1) Use of patented industrial property object by  any other person shall be lawful only with the 
authorization of the patent owner, on the basis of a license contract.   (2) Under a license contract, the patent owner (the lic ensor) shall grant, within the limits specified in 
the contract, the right to use the patented subject  matter to another person (the licensee) who shall 
undertake to pay to the licensor the amounts and to pe rform the other acts stipulated in the contract. 
 (3) An exclusive license shall affo rd the licensee the exclusive right to use the industrial property 
object within the limits specified in the contract, be yond which the licensor shall retain his right to use 
the part of the object not assigned to the licensee.  
(4) A non-exclusive license shall allow the licensor,  while granting the licensee the right to use the 
industrial property object, to retain all the rights deriving from the patent, including the right to grant 
licenses to third parties.  (5) The patent owner may request the Authorized Body  to publish a notice to the effect that he is 
willing to grant other persons the right to use the industrial property object (open license). Where 
within two years after publication of an annou ncement on signing a license agreement the patent 
owner does not receive any written proposal the latter may apply to the authorized body with a request 
on withdrawal. In this case the state fees for keeping the patent in force shall, for the period between 
the date of the publication of the announcement and the date of withdrawal, be subject to additional   IP/N/1/ARM/P/2 
 Page 9 
 
 
payment, and for further period it shall be paid by total rate. The Authorized body shall publish 
information on the withdrawal of the request in its Official Gazette.  (6) The owner of the patent on in dustrial property object may assign the patent to a third person. 
 
(7) The agreement on assignment of the license contra ct shall be subject to registration in the 
Authorized Body in the order established by it.  (8) The agreement on assignment of the license contract  or the license contract not registered in the 
Authorized Body is invalid. 
 
(9) The decision related to the registration of the license contract and contract on assignment may be 
disputed in the Board of Appeal of the Authorized Body or be heard by the court.  Article 16. Compulsory Licenses  
 
(1) In the interests of the national security of th e Republic of Armenia and society, in exceptional 
circumstances and also for the non- commercial use by the State of an invention, utility model or 
industrial design, the Government of the Republic of  Armenia may use, or authorize third parties to 
use, the invention, model or design, without the c onsent of the patent owner (compulsory license), and 
shall inform the patent owner accordingly within 10 days and shall pay him appropriate financial 
compensation, taking into account the circumstan ces of each case and the economic value of such 
authorization.  (2) If, during the four years following the filing date of an application, or three years of the grant of the patent (the latest deadline shall apply), an i nvention, utility model or industrial design are not used 
or are insufficiently used, any person who, on the ex piry of such a term, wishes to use the invention, 
utility model or industrial design, that has not succeeded in concluding a license contract with the 
patent owner, may request the Government of th e Republic of Armenia to grant a compulsory non-
exclusive license. A license shall be granted if the patent owner cannot give good reasons for the 
insufficient use or lack of use of the invention, utility model or industrial design.  
(3) If an invention, utility model or industrial design protected by a patent is of great economic value, 
they may not be used without infringing the rights of  the patent owner to another invention, utility 
model or industrial design protected by a patent (“ first patent”), the patent owner in question (“second 
patent”) may, where an agreement is not reached  regarding the conclusion of a license contract, 
request the Government of the Republic of Armeni a to grant him a compulsory license. Where the 
request made by the patent owner of the “first patent ” is satisfied, he shall have the right to receive in 
return a compulsory license for use of the subject matter protected by the “second patent.” The patent 
owner may assign in return the right acquired accord ing to the compulsory license to another person 
only together with the rights deriving from his patent.  (4) A compulsory license may only be non-exclusive and shall be granted, depending on its purpose, 
for a specific period and subject to particular cond itions, basically to satisfy domestic market demand. 
 (5) In the case of semiconductor technologies, a compulsory license may be granted only by the 
State—for non-commercial use and also judicial or administrative authorities—for correcting anti-competitive practices. 
 
(6) A person who has obtained a compulsory license may assign the right to use industrial property object only together with the part of the organiza tion in which use of the subject matter in question 
takes place.  
 IP/N/1/ARM/P/2 
Page 10  
 
(7) A compulsory license shall be recognized as being no longer in force if, at the time it is concluded 
by the competent authority, the circumstances which gave rise to the license are considered to have 
lapsed and the probability that they will recur is small.  In that regard, the legal interests of the persons 
who have obtained the compulsory license shall be taken into account and shall be protected. In the 
case of substantiated requests, the authority in ques tion may examine the issue of whether the relevant 
circumstances continue to exist. 
 (8) Disputes relating to the grant of a compulsory li cense, as well as the relevant levels, procedure and 
periods of payment shall be settled by the courts.  
(9) The conditions for the provision of a compulso ry license shall be regulated according to the 
procedure established by the Government of the Republic of Armenia.  Article 17. Infringement of a Patent  
 
(1) Any person, who shall use the patented inven tion, utility model or industrial design with the 
infringement of this Law (in a manner contrary to th is Law) is deemed to be the patent infringer 
 (2) The patent owner shall have the right to demand:  cessation of patent infringement, 
 
in the order established by the Law, comp ensation for losses by the patent infringer 
 publication of the court ruling to  protect his business reputation, 
 
implementation other remedies as provided under le gislation of the Republic of Armenia.  
 (3) Requirements can be submitted to the infringer also by the person who has received exclusive 
license unless otherwise provided by the license contract or by the request of a person who has obtained a non-exclusive license if it is provided for in the license contract.  Chapter 5: Patenting of Industrial Property Objects 
 
Article 18. Patent Application Documents  
 (1) Patent application documents (t he application) shall be filed with the Authorized body by the 
inventor, employer or their successor in title (the applicant). 
 (2) The request for the grant of a patent shall be filed in Armenian.  (3) Other documents of the application the applicants  from the Republic of Armenia are obliged to file 
in Armenian; foreign applicants may be presente d in another language. In such a case, they are 
obliged to file with the Authorized body its Armeni an translation within two months of the filing date. 
 The request shall be signed by the applicant and in  the event of application filing through a patent 
attorney or other representative - by the applican t, patent attorney, or other representative.  
 
(4) The clerical work with the Authorized body can be performed by the patent owner, other 
interested person personally, or th rough the patent attorney registered with the Authorized body or 
other representative.     IP/N/1/ARM/P/2 
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Foreign legal entities and natural persons domiciled outside the Repub lic of Armenia shall perform 
the clerical work with the Author ized body by the patent attorney s registered with the Authorized 
body.  In the cases, stipulated under intern ational treaties of the Republic of Armenia foreign legal entities or 
natural persons domiciled outside th e Republic of Armenia can file an application personally, pay 
patent fees and make other actions according to the international treaty. In the case according to this 
paragraph the applicant, other interested person perfo rm the clerical work w ith the Authorized body 
personally or with other representative who is not a patent attorney registered with the Authorized 
body , the Authorized body may request to mention the address to in the territory of the Republic of 
Armenia. The patent attorney’s or other representative’ s authorization to act shall be attested to by a 
power of attorney granted to him by the applican t, patent attorney, other interested person.  
 (5) If according to this article the applicant, patent owner, other interested person who wish to obtain a 
patent and to maintain it in force shall act pers onally or through other person who is not a patent 
attorney registered with the Aut horized body in that case the Author ized body may request to mention 
the address to in the territory of the Republic of Armenia.   (6) The patent attorney’s or other representative’s aut horization to act shall be attested to by a power 
of attorney granted to him by the applicant, other interested person which can be filed attached with 
the Authorized body or within two months of the filing date.  
 
(7) The activities of patent agents shall be governed by an order of the Government of the Republic of 
Armenia.  (8) The procedure for registering patent agents  shall be laid down by the Authorized Body. 
 
Article 19. Application on an Invention  
 (1) An application on an invention sh all relate to one invention or to a group of inventions so linked as 
to form a single general inventive concept (requirement of unity of invention).  
(2) An application on an invention shall contain: 
 a) a request for the grant of a patent, stating the title  of the invention, the names of the applicant (or 
applicants) and the inventor (or inventors), and the their places of residences or places of business, 
b) the description, disclosing the claimed invention in sufficient detail for it to be carried out by a 
person skilled in the field from the prior art, 
c) the claims, stating the essential features of the invention and fully suppor ted by the description, 
d) the drawings or other material, where indispensable for the understanding of the disclosure, e) a summary of the invention (an abstract).  (3) An application on an invention shall be accompan ied by proof of payment of the prescribed fee.  
 
(4) The requirements for invention application docum ents shall be determined by the Authorized 
Body.  (5) The date of filing an application on an inven tion shall be set by the Authorized body according to 
the application filing date if it includes at least: 
 a) an indication to the effect that the el ements are intended to be an application; 
b) indications allowing the identity of the applicant to be established or allowing the applicant to be 
contacted by the Office; 
c) a part which on the face of it appears to be a description. IP/N/1/ARM/P/2 
Page 12  
 
 The Authorized Body shall, within five days after receiving the application, examine its conformity to 
the mentioned requirements and in case of non-conf ormity notify the applicant immediately and 
invites the latter to submit the missing documents (information) within a two-month period after 
receiving the notification. If the applicant does not submit the requested documents within the 
mentioned period then the application shell be deem ed not filed and the applicant shall be informed 
about.  If the mentioned documents are submitted to the Aut horized Body at different times then the date of 
the application shall be the date of the last received document. 
 
(6) The applicant may, instead of the element,  which by its outward appearance reminds the 
description of the invention under item (5) paragraph c)  of this Article, submit a request that in order 
to set the application date the description of th e invention be replaced with a reference to the 
application earlier filed (initial or prior application) . The request shall be submitted in Armenian and 
contain the number of the original application a nd the date of its filing. If the initial or prior 
application is filed by a third person then the doc ument approving the succession shall be attached to 
the request.   Where such a request exists the applicant shall submit  an attested copy of the earlier filed application 
during 4 months after filing the application with the Authorized Body 
 
If the earlier filed application is filed in another la nguage then the Armenian translation of it shall be 
submitted within he mentioned period.   (7) Where the Authorized Body, while setting the ap plication filing date, considers that the part 
description of the invention or its diagram misses to which there is a reference,  then it shall notify the 
applicant immediately about the necessity to submit the missing documents within a two-month period after receiving the notification.  If within the mentioned two-month period the app licant submits the documents mentioned ion the 
notification then they shall be included in the file of the application. In that case, the date of the 
application filing shall be set as of the date of receiving the part of the description or the diagram. If 
the mentioned documents are submitted at different tim es then the date of the application shall be the 
date of the last received document. If the applican t does not submit the requested documents within 
the mentioned period the applicati on shell be deemed not filed.  
 
(8) An application on an inventi on and the documents attached may be submitted in electronic format 
in the order established by the Authorized Body.  Article 20. Application on a Utility Model  
 (1) An application on a utility model shall relate to one utility model or to a group of utility models so 
linked as to form a single general inventive con cept (requirement of unity of utility model).  
 (2) An application on a utility model shall contain:  a) a request for the grant of a patent, stating the title of the utility model, the names of the applicant 
(or applicants) and the inventor (or inventors), a nd the their places of residences or places of business; 
b) the description, disclosing the claimed utility model in sufficient detail for it to be carried out by a 
person skilled in the field from the prior art; c) the claims, stating the essential features of the invention and fully suppor ted by the description; 
d) the drawings or other material, where indispensable for the understanding of the disclosure; 
e) a summary of the utility model (an abstract).  IP/N/1/ARM/P/2 
 Page 13 
 
 
 (3) An application on a utility model shall be accomp anied by proof of payment of the prescribed fee. 
 (4) The requirements for utility model application doc uments shall be determined by the Authorized 
Body. 
 
(5) The date of filing an application on a utility model shall be set by the Authorized body according 
to the application filing date if it includes at least: a) an indication to the effect that the el ements are intended to be an application, 
b) indications allowing the identity of the applicant to be established or allowing the applicant to be 
contacted by the Office, 
c) a part which on the face of it appears to be a description.  The Authorized Body shall, within five days after receiving the application, examine its conformity to 
the mentioned requirements and in case of non-conf ormity notify the applicant immediately and 
invites the latter to submit the missing documents (information) within a two-month period after 
receiving the notification. If the applicant does not submit the requested documents within the 
mentioned period then the application shell be deem ed not filed and the applicant shall be informed 
about.  If the mentioned documents are submitted to the Aut horized Body at different times then the date of 
the application shall be the date of the last received document. 
 (6) The applicant may, instead of the element,  which by its outward appearance reminds the 
description of the utility model unde r item (5) paragraph c) of this Article, submit a request that in 
order to set the application date the description of the utility model be replaced with a reference to the 
application earlier filed (initial or prior application) . The request shall be submitted in Armenian and 
contain the number of the original application a nd the date of its filing. If the initial or prior 
application is filed by a third person then the doc ument approving the succession shall be attached to 
the request.   Where such a request exists the applicant shall submit  an attested copy of the earlier filed application 
during 4 months after filing the application with the Authorized Body. 
 If the earlier filed application is filed in another la nguage then the Armenian translation of it shall be 
submitted within he mentioned period.   
(7) Where the Authorized Body, wh ile setting the application filing date, considers that the part of 
description of the utility model or its diagram, to whic h there is a reference, misses, then it shall notify 
the applicant immediately about the necessity to  submit the missing documents within a two-month 
period after receiving the notification.  If within the mentioned two-month period the app licant submits the documents mentioned in the 
notification then they shall be included in the file of the application. In that case the date of the 
application filing shall be set as of the date of receiving the part of the description or the diagram. If the mentioned documents are submitted at different tim es then the date of the application shall be the 
date of the last received document. If the applican t does not submit the requested documents within 
the mentioned period the applicati on shell be deemed not filed.  
 
(8) An application on a utility model and the docum ents attached may be submitted in electronic 
format in the order established by the Authorized Body.   IP/N/1/ARM/P/2 
Page 14  
 
Article 21. Application on an Industrial Design  
 (1) An application on an industrial design shall relate to one design  and may include alternatives to 
the design (requirement of unity of industrial design).  
(2) An application on an industrial design shall contain: 
 a) a request for the grant of a patent, stating the title of the design, the names of the applicant (or 
applicants) and the inventor (or inventors), and the their places of residences or places of business, 
b) a description of the industrial design, including a list of its essential features, 
c) a set of photographs of the manufactured article , the model or the design, constituting a full and 
detailed representation of the outward appearance of the article, d) a representation of the series of components of the article, an assembly diagram or an overall view of the manufactured article, where necessary for the understanding of the subject matter of the industrial design. 
 
(3) An application on an industrial design shall be accompanied by proof of payment of the prescribed 
fee.  (4) The requirements for industrial design appli cation documents shall be determined by the 
Authorized Body. 
 
(5) The date of filing an application on an industrial design shall be set by the Authorized body according to the application filing date if it includes at least: a) an indication to the effect that the el ements are intended to be an application, 
b) indications allowing the identity of the applicant to be established or allowing the applicant to be 
contacted by the Office, 
c) a part which on the face of it appears to be a description.  The Authorized Body shall, within five days after receiving the application, examine its conformity to 
the mentioned requirements and in case of non-conf ormity notify the applicant immediately and 
invites the latter to submit the missing documents (information) within a two-month period after 
receiving the notification. If the applicant does not submit the requested documents within the 
mentioned period then the application shell be deem ed not filed and the applicant shall be informed 
about.  If the mentioned documents are submitted to the Aut horized Body at different times then the date of 
the application shall be the date of the last received document. 
 (6) The applicant may, instead of the element,  which by its outward appearance reminds the 
description of the industrial design under item (5) paragr aph c) of this Article, submit a request that in 
order to set the application date the description of the industrial design be replaced with a reference to 
the application earlier filed (initial or prior appli cation). The request shall be submitted in Armenian 
and contain the number of the original application and the date of its filing. If the initial or prior 
application is filed by a third person then the doc ument approving the succession shall be attached to 
the request.   Where such a request exists the applicant shall submit  an attested copy of the earlier filed application 
during 4 months after filing the application with the Authorized Body. 
 If the earlier filed application is filed in another la nguage then the Armenian translation of it shall be 
submitted within he mentioned period.   
  IP/N/1/ARM/P/2 
 Page 15 
 
 
(7) Where the Authorized Body, wh ile setting the application filing date, considers that the part of 
description of the industrial design or its diagram, to  which there is a reference, misses, then it shall 
notify the applicant immediately about the necessity to submit the missing documents within a two-
month period after receiving the notification.  
If within the mentioned two-month period the app licant submits the documents mentioned in the 
notification then they shall be included in the file of the application. In that case the date of the 
application filing shall be set as of the date of receiving the part of the description or the diagram. If the mentioned documents are submitted at different tim es then the date of the application shall be the 
date of the last received document. If the applican t does not submit the requested documents within 
the mentioned period the applicati on shell be deemed not filed.  
 (8) An application on an industrial design and the documents attached may be submitted in electronic 
format in the order established by the Authorized Body.  
Article 22. Priority of Industrial Property Object  
 (1) Priority of an invention, utility model or indu strial design shall be established as per the date of 
application filing with the Authorized Body.   (2) Priority may be established as per the date of th e first application filing in a member state of the 
Paris Convention on Protection of Industrial Propert y (convention priority), if the Authorized Body 
receives the application for the i nvention (utility model) within a period of 12 months and, in the case 
of an industrial design, within six months, starting from that date. An applicant, wishing to make use 
of the Convention Priority right in respect to a u tility model or an industrial design application, shall 
be obliged to inform thereon the Authorized Body within 2 months from the date of filing of such 
application and present a certified copy of the first a pplication within 3 months from the date of filing 
with the Authorized Body of the a pplication, seeking Convention Priority. 
 (3) Priority of an invention, a utility model or an industrial design may be determined by the date of 
receipt by the Authorized Body of additional documents, if such a material is submitted as a new application and is filed within 3 months of the date  on which the applicant received notification of the 
fact that the additional materials would not be ta ken into consideration, since they modified the 
subject matter of the solution describ ed in the initial application materials, provided that the initial 
application is not deemed withdrawn by th e date of filing the new application.  
 (4) Priority of an invention, a utility model or an industrial desi gn may be determined in accordance 
with the date of receipt of an earlier application by  the same applicant that discloses the essence of the 
same invention, utility model or industrial design, pr ovided that it is not withdrawn as of the date of 
filing of the application claiming such a priority if the new application is filed with the Authorized body within a period of 12 months of the filing da te of the earlier application. In such cases, the 
earlier application shall be deemed withdrawn.   
(5) Priority may be determined on the basis of earlier applications if the procedure set out in 
paragraph (4) of this article is complied with  in relation to each relevant application. 
 (6) The priority of an application may not be dete rmined on the basis of the date of receipt of an 
application in which an earlier priority is already claimed. 
 
(7) The priority of an invention, utility model or industrial design, the application for which has been 
filed following its division from the initial applica tion (divisional application), shall be determined 
according to the date of receipt of the initial a pplication, if the divisional application has been 
received prior to the decision not to grant a patent  on the initial application and, where a decision is 
taken to grant a patent, not later than the State re gistration of the industrial property subject matter, IP/N/1/ARM/P/2 
Page 16  
 
provided that the initial application is not withdraw n or is not deemed withdrawn as of the date of 
filing the divisional application.  (8) Where it is found during examination that identical  inventions, utility models or industrial designs 
have the same priority date, a patent may be grante d for the application that is proved to have been 
sent first to the Authorized Body. Where those dates coincide, a single patent shall be granted to the 
applicants with their consent. In  the absence of agreement, the matter shall be settled by the courts. 
 Article 23. Preliminary Examination of Application on an Invention  
 
(1) The preliminary examination of an applicati on on an invention shall be carried out by the 
Authorized Body within two months of the applica tion filing date, in accordance with this article and 
in the order established by the Authorized Body.  (2) The preliminary examination shall include veri fication that the requisite application documents 
have been filed in accordance with the established re quirements, and it shall be clarified whether the 
filed invention meets the requirements of Article 4(6) , Article 5(7) and (8), and Article 19(1) of this 
Law, with no assessment of the economic  effectiveness of the invention. 
 (3) If, as a result of the preliminary examination, it is ascertained that the application documents meet 
the established requirements, the Authorized Body shall decide whether to publish the application 
officially. 
 (4) If it is ascertained that the application does not meet the established requirements, a request shall 
be sent to the applicant to submit the correct ed or missing documents within two months. 
 
(5) If the application has been filed without respecti ng the requirement of unity, the applicant shall be 
invited to state, within two months, which of th e inventions shall be examined and to make the 
necessary clarifications to the application documents.  (6) If, within the period indicated, the applicant does not respond to the notification that he has 
infringed the requirement of unity, the invention cited first in the claims shall be examined. In this 
case the applicant shall be submitted an enquiry with  an invitation to make the necessary corrections 
in the application documents within two months from receiving the enquiry.  (7) During the preliminary examination an applicant may, at his own initiative or if invited to do so, 
make corrections or clarifications to the appli cation by submitting additional elements, provided such 
elements do not modify the subject matter of the inven tion as claimed, if at the time the application is 
filed he has not renounced this right. The additiona l elements shall be held to amend the subject 
matter of the invention if they contain features that were not contained in the application as originally filed but which should be included in the claims. Any additional elements that modify the subject 
matter of the invention as claimed shall not be ta ken into consideration for the purposes of the 
examination and the applicant may submit them as a separate application. In this case the period for 
the preliminary examination extends for no longer than 1 month. 
 (8) If the additional or revised elements are not submitted within two months, in accordance with the 
examination request, the application sh all be deemed to be withdrawn. 
 
(9) If, as a result of the preliminary examination, it is ascertained that the filed invention relates to 
Article 4(7) or Article 5 (7) (8) of this Law, a deci sion shall be taken to reject the grant of a patent. 
 (10) If the applicant does not agree with the examiner’s decision not to grant a patent, he may submit 
to the Authorized Body a request for re-examination within two months of the date of receipt of the 
decision. The application shall be re-examined within  one month of the date of receipt of the request.  IP/N/1/ARM/P/2 
 Page 17 
 
 
 (11) According to the results of the re-examinati on, the Authorized Body shall decide whether to 
refuse to grant a preliminary patent or  to publish the application officially. 
 (12) If the applicant does not agree with the decision taken as a result of the re-examination, he may, 
within two months of receiving it, contest the deci sion before the Authorized Body Appeals Board. 
The Board of Appeal shall examine the a ppeal within two months of receiving it. 
 (13) If the applicant does not agr ee with the decision taken following re-examination or with that 
given by the Appeals Board, he may, in accordance with the requisite legal procedure, apply to the 
courts. 
 Article 24. Official Publication and Laid Open for Public Inspection  
of Application on an Invention  
 (1) The Authorized Body shall, on the basis of a decision regarding the official publication of an 
application on an invention, publish informati on on the application in its official journal. 
 (2) The full content of the published information shall be determined by the Authorized Body. 
 (3) An application together with attachments shall be submitted for laid open for public inspection for 
a period of four months following the date of offi cial publication of information on the application on 
an invention.  Article 25. Opposition  
 
(1) Any person may, in the course of laid open for pub lic inspection of an application on an invention, 
lodge a proved opposition against the grant of  a patent on the application in question. 
 (2) An opposition against the grant of a patent shall be lodged with the Authorized Body not later than 
the four-month period allotted for universal disclosure.  
(3) The procedure for formulating, lodging and ex amining an opposition shall be determined by the 
Authorized Body.  (4) The Authorized Body shall, within 10 days of receiving the opposition, send the applicant a copy 
thereof and shall propose that the applicant s ubmits any relevant comments within one month. 
 
Article 26. Examination of Opposition and Pending Provisional Patent Decision 
 (1) During laid open for public inspection the Aut horized Body shall, when receiving an opposition 
against the grant of a patent following expiry of th e period of such laid open for public inspection, or 
within one month of the applicant submitting his co mments in accordance with Article 25(4) of this 
Law, whichever is the later, and taking into account  the information available to it testifying to the 
clear infringement of the patentability conditions for an invention, examine the oppositions lodged 
and shall decide whether to grant a provisional patent or to refuse it.  (2) The applicant shall be informed within 10 days  of any decision taken by the Authorized Body. 
 
(3) Where the applicant does not agr ee with a decision taken by the Authorized Body, he may, within 
two months of the date on which he receives the d ecision, request a re-examination to be carried out. 
The re-examination shall take place within one month of the date of receipt of the request.  
 IP/N/1/ARM/P/2 
Page 18  
 
(4) According to the results of the re-examination, th e Authorized Body shall decide whether to grant, 
or to refuse to grant, a provisional patent.  (5) The applicant and the person lodging the oppositio n shall be informed of the Authorized Body’s 
decision within 10 days. 
 
(6) Where the applicant does not agree with the d ecision taken following re-examination, he may, 
within two months of receiving the decision, lodge  an appeal with the Au thorized Body Appeals 
Board. The Board of Appeal shall examine th e appeal within two months of receiving it. 
 
(7) Where the applicant does not ag ree with the decision taken following re-examination or with that 
given by the Appeals Board, he may, in accordance with the requisite legal procedure, apply to the 
courts within six months after receiving the decision.  (8) Where no appeal is lodged against the grant of a patent, upon expiry of the period of laid open for 
public inspection, the Authorized Body shall, in  accordance with the established legal procedure and 
within 10 days, decide to grant a provisional patent.  (9) A provisional patent shall be granted subject  to the applicant’s responsibility and with no 
guarantee of its validity.  
Article 27. Substantive Examination of Invention  
 (1) On the basis of a request by an applicant or  in case a provisional patent is granted, upon the 
request of the patent owner, which may be submitte d up to seven years from the date the application 
was filed, until the expiry of validity of the patent , the Authorized Body shall carry out a substantive 
examination of the patent on whether or not comp liance with the patentability conditions established 
by Article 5 (2), (3) and (7) of this Law and, issu ing from the substance of the invention, requirement 
of unity of invention has been achieved according to item 1 of Article 19.  The request may also be submitted within 12 months of the expiry of the period in question, provided 
that the request be accompanied by a document proving the payment of the additional state fee. 
 
(2) During the substantive examination of a patent the Authorized body on the basis of their enquiry may request the applicant or the patent owner to submit additional documents, which make the 
examination possible. The applicant shall be subm itted additional documents within two months from 
the date of the receipt of such invitation.  
 
Where the request about the additional documents is not submitted within the prescribed time, the 
application shall be deemed recalled.  (3) According to the results of th e substantive examination, the Aut horized Body shall decide whether 
to grant, or to refuse to grant, a basic patent. 
 
(4) If the applicant does not agree with the examiner’s decision not to grant a basic patent, he may 
submit to the Authorized Body a request for re-exami nation within two months of the date of receipt 
of the decision. The application shall be re-examine d within one month of the date of receipt of the 
request. 
 
(5) Where the applicant does not agree with the d ecision of re-examination, he may, within two 
months of the date of its receipt, lodge an appeal  with the Authorized body Appeals Board. The Board 
of Appeal shall examine the appeal within two months of receiving it.  
  IP/N/1/ARM/P/2 
 Page 19 
 
 
(6) Where the applicant does not agree with any d ecision of examination or the Appeals Board, he 
may, within two months of the date of its receipt, apply to the courts in accordance with the requisite 
legal procedure.  (7) The procedure for carrying out the substantive examination of th e invention shall be determined 
by the Authorized body. 
 Article 28. Temporary Legal Protection for Invention  
 (1) Temporary legal protection shall be granted for an  invention, from the day of official publication 
of the application on an invention until the day of official publication of information on the granted 
patent, to cover the scope of the claims fi led for laid open for public inspection. 
 (2) Temporary legal protection shall be considered not to have been granted, if the possibilities for 
appeal against a decision of the Authorized Body to  refuse to grant a patent have been exhausted. 
 
(3) Third parties that have used an invention for th e period indicated in paragraph (1) of this article 
shall pay the patent owner appr opriate monetary compensation for such use. The level of 
compensation shall be determined by agreement be tween the parties. Where such an agreement does 
not exist, the matter shall be settled by the courts.  
(4) The period indicated in paragraph (1) of th is article may begin from the day on which the 
applicant informs the persons using the claimed inve ntion accordingly, if this day precedes the day of 
official publication of the application for the invention.  Article 29. Examination of Application on a Utility Model  
 
(1) A utility model application shall be examined by  the Authorized Body within two months of the 
date of its receipt, in accordance with this article and the procedure established thereby. 
 (2) The examination shall include verification that th e requisite application doc uments have been filed 
in accordance with the established requirements, and it shall be cl arified whether the filed utility 
model meets the requirements of Article 4(6), Article  6(6), and Article 20(1) of this Law, with no 
assessment of the economic effectiveness of the utility model.  (3) If, as a result of the examination, the Authori zed Body ascertains that the application meets the 
established requirements, a decision shall be  taken to grant a utility model patent. 
 
(4) If it is ascertained that the application does not meet the established requirements, a request shall 
be sent to the applicant to submit the correct ed or missing documents within two months. 
 (5) If the application has been filed without respecti ng the requirement of unity, the applicant shall be 
invited to state, within two months, which of the utility models shall be examined and to make the 
necessary clarifications to the application documents. 
 (6) If, within the period indicated, the applicant does not respond to the notification that he has 
infringed the requirement of unity, the utility model cited first in the claims shall be examined.  
(7) During the examination an applicant may, at his own initiative or if invited to do so, make 
corrections or clarifications to the applicati on by submitting additional elements, provided such 
elements do not modify the subject matter of the utility model as claimed, if at the time the application is filed he has not renounced this right. The add itional elements shall be held to amend the subject 
matter of the utility model if they contain featur es that were not contained in the application as 
originally filed but which should be included in th e claims. Any additional elements that modify the IP/N/1/ARM/P/2 
Page 20  
 
subject matter of the utility model as claimed shall not  be taken into consideration for the purposes of 
the examination and the applicant may submit them as a separate application.  (8) If the additional or revised elements are not submitted within two months, in accordance with the 
examiner’s request, the application shall be deemed to have been withdrawn. 
 
(9) If, as a result of the examination, it is ascertained that the filed utility model relates to Article 4(6) 
or Article 6(6) of this Law, a decision sha ll be taken to reject the grant of a patent. 
 (10) If the applicant does not agr ee with the examiner’s decision, he may submit to the Authorized 
Body a request for re-examination within two months of the date of receipt of the decision. The 
application shall be re-examine d within one month of the date of receipt of the request. 
 (11) According to the results of the re-examinati on, the Authorized Body shall decide whether to 
grant a utility model patent or to refuse to grant such a patent. 
 
(12) The patent shall be granted subject to the applicant’s responsibility with no guarantee of its 
validity.  (13) If the applicant does not agree with the decision taken following re-examination, he may, within 
two months of receiving the decision, appeal to th e Authorized Body Appeals Board. The Board of 
Appeal shall examine the appeal within two months of receiving it. 
 (14) Where the applicant does not agree with th e decision taken following re-examination or that 
given by the Appeals Board, he may apply to th e courts in accordance with the requisite legal 
procedure. 
 
Article 30. Examination of Application on an Industrial Design 
 (1) A preliminary examination of application on an industrial design by the Authorized Body within 
two months after setting the filing date of the a pplication in accordance with this article and the 
procedure established thereby. 
 
(2) The examination shall include verification that th e requisite application doc uments have been filed 
in accordance with the established requirements, and it shall be clarified whether the filed industrial 
design meets the requirements of Article 4(7), Article  7(6), and Article 21(1) of this Law, with no 
assessment of the economic viability of the industrial design. 
 
(3) If, as a result of the examination, the Authori zed body ascertains that the application meets the 
established requirements, a decision shall be taken to grant an industrial design patent. 
 (4) If it is ascertained that the application does not meet the established requirements, a request shall 
be sent to the applicant to submit the correct ed or missing documents within two months. 
 
(5) If the application has been filed without respecti ng the requirement of unity, the applicant shall be 
invited to state, within two months, which of the i ndustrial designs shall be examined and to make the 
necessary clarifications to the application documents.  
(6) If, within the period indicated, the applicant does not respond to the notification that he has 
infringed the requirement of unity, the industrial design cited first in the description shall be 
examined. In this case an enquiry shall be submitted to the applicant inviting him to make corrections 
in the application documents within a period of two months.  
  IP/N/1/ARM/P/2 
 Page 21 
 
 
(7) During the examination an applicant may, at his own initiative or if invited to do so, make 
corrections or clarifications to the applicati on by submitting additional elements, provided such 
elements do not modify the subject matter of the industrial design as claimed, if at the time the 
application is filed he has not renounced this right.  The additional elements shall be held to amend the 
subject matter of the industrial design if they contain features that were not contained in the 
application as originally filed but which should be included in the description. Any additional 
elements that modify the subject matter of the industrial design as claimed shall not be taken into consideration for the purposes of the examination and the applicant may submit them as a separate 
application.  
(8) If the additional or revised elements are not submitted within two months, in accordance with the 
examiner’s request, the application shall be deemed to have been withdrawn.  (9) If, as a result of the examination, it is ascerta ined that the filed industrial design relates to 
Article 4(7) or Article 7(6) of this Law, a decisi on shall be taken to reject the grant of a patent. 
 
(10) If the applicant does not agr ee with the examiner’s decision, he may submit to the Authorized 
body a request for re-examination within two months  of the date of receipt of the decision. The 
application shall be re-examine d within one month of the date of receipt of the request. 
 (11) According to the results of the re-examination, the Authorized body shall decide whether to grant 
an industrial design patent or to refuse to grant such a patent. 
 (12) The patent shall be granted subject to the applicant’s responsibility with no guarantee of its 
validity.  
(13) If the applicant does not agree with the decision taken following re-examination, he may, within 
two months of receiving the decision, appeal to th e Authorized body Appeals Board. The Board of 
Appeal shall examine the appeal within two months of receiving it.  (14) Where the applicant does not agree with any decision of examination or that of the Appeals 
Board, he may, within a period of six months after the date of its apply to the court in accordance with 
the requisite legal procedure. 
 Article 31. Conversion of Application 
 (1) The applicant may, before the date of the decision taken by the Authorized Body on granting a 
patent on invention, submit a request to the Author ized Body on converting the invention application 
into a utility model application. In case the Aut horized Body makes a decision on declination of 
granting a patent on the grounds of lack of inventiv e step the applicant may, within two months after 
receiving the declination, submit a request on convert ing the invention application into a utility model 
application.  
(2) The Authorized Body shall, on the basis of  the applicant’s request, convert the invention 
application into a utility model application provid ed that it complies with the requirements set by 
Article 6 (6) of this Law.   (3) A utility model application may be converted into  an invention application before the decision of 
the Authorized Body on granting a patent to the utility model. 
 (4) The priority date set by the application and the date of filing shall be retained during the 
conversion under items 2 a nd 3 of this Article.  
 
 IP/N/1/ARM/P/2 
Page 22  
 
(5) The bases for submitting the request and the or der of conversion shall be established by the 
Authorized Body.  Article 32. Grant of a Patent and Publication of Information Thereon  
 
(1) The Authorized Body shall, on the basis of a d ecision to grant a patent and provided that the fee 
for granting the patent has been paid, register an invention, utility model or industrial design in the 
corresponding State register of the Republic of Armeni a (hereinafter “the Register”) and, irrespective 
of the number of patent owners, shall grant them only one patent. 
 
(2) The form of the patent and the content of the in formation stated therein shall be determined by the 
Authorized Body.  (3) The obvious errors made in the patent shall be  corrected by the Authorized Body at the patent 
owner’s request. 
 
(4) Together with publishing the industrial property ob ject in the Register, the Authorized Body shall 
publish information on the grant of the patent in its Official Bulletin, together with full descriptions of 
the inventions and utility models.  (5) The list of the information published in the Offici al Bulletin shall be determined by the Authorized 
Body. 
 Article 33. Withdrawal of Application, Assign to Right to Granting a Patent and Refusal of 
Patent  
 (1) An applicant has the right to: 
a) withdraw the filed application, refuse a patent or  assign to right to granting a patent before the state 
registration of the invention, utility model, industrial design,  b) refuse a patent after the state registration of  the invention, utility model, industrial design. 
 (2) Information on the refuse of the patent shall be pu blished in the Official Bulletin of the Authorized 
Body. 
 (3) From the time information about refuse of th e patent is published, the temporary protection 
provided by Article 28 of this Law shal l be considered not to be granted. 
Chapter 6: Termination of Validity of Patents 
Article 34. Invalidation of Patent on Invention, Utility Model or Industrial Design  
 (1) A patent on an invention, utility model or industrial design may, at any time during the whole period of its validity, be recognized as fully or partia lly invalid, on the basis of an appeal against the 
grant of an appropriate patent, if:  
a) the patentability conditions established for an inve ntion, utility model or industrial design by this 
Law have not been met, b) the claims for an invention or utility model contain features, which are missing as of the date of filing the application in the description of the inve ntion or utility model a nd in the claims of the 
invention or utility model, provided that the appli cation contains claims on the date of filing,  
c) features are engaged in the sum of essential featur es of industrial design, which, as of the date of 
filing the application, have not been included in th e graphic representations of the industrial design, 
d) one patent has been granted to identical i nventions, utility models or industrial designs, in 
contravention of the requirements establis hed by Article 22 (8) of this Law,  
e) the patent granted indicates the name of a pe rson as the author or the patent owner, who in 
accordance with the requirements established by this Law, is not deemed as such, or the patent does  IP/N/1/ARM/P/2 
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not indicate the name of the person who in accordance with the requirements established by this Law, 
is deemed as such.  (2) The person submitting an appeal shall provide r easons for the appeal and shall submit a document 
confirming payment of the appropriate fee. 
 
(3) An appeal based on paragraph (1) “a” to “c” of th is Article shall be examined by the Authorized 
Body Board of Appeal within six months from the date of receiving the appeal, informing the patent 
owner of the appeal. The examination shall not go beyond the grounds contained in the appeal. 
 
(4) Where the applicant does not ag ree with the Appeal Board decision, he may, within six months 
after receiving it, refer the matter to the courts in the established order. 
 (5) A provisional patent on an invention shall be en tirely recognized invalid if in the result of the 
examination carried out in accordance with Article  27 granting of a basic patent on invention is 
refused on the basis of nonconform ity to the patentability condition. 
 (6) A patent on an invention, utility model or industr ial design shall be invalidated entirely or in part 
by virtue of the appeal, referred to  in subparagraph 1(b) of this Arti cle, based on the decision taken by 
the Board of Appeal, or of a effective court decision.   
Article 35. Premature Termination of the Validity of Patent  
 (1) The validity of a patent shall be terminated prematurely: A patent shall lapse prematurely: 
 a) on a declaration by the patent owner. Where the patent is granted on the gr oup of inventions, utility 
models or industrial designs, and the applicant’s requ est does not refer to all the solutions included in 
the group, the validity of the patent shall be te rminated only to the invention, utility model or 
industrial design mentioned in the request, b) in the event of failure to pay, within the prescr ibed time limit, the annual maintenance fee for the 
patent within the prescribed time limit.   
(2) The validity of a provisional patent shall be te rminated prematurely if a substantive examination 
has been carried out in accordance with Article 27 of this Law.  (3) The Authorized Body shall publish information on th e termination of the validity of a patent in its 
Official Bulletin. 
 
Article 36. Reinstatement of Validity of Patent on Invention, Utility Model, Industrial Design; 
Right on Subsequent Use  
 
(1) The validity of a patent on an invention, utility model or industrial design, which has been terminated on the basis established by subparagraph “b ” of paragraph 1, Article 35 of this Law, may 
be reinstated based on the request from the patent  owner. The request shall be submitted to the 
Authorized Body within three years after the e xpiration of the time limit of payment of annual 
maintenance fee for the patent, but no later than before the expiration of the time limit of patent 
validity established by this Law. The request sha ll be accompanied with the document approving the 
payment of the state fee and the payment of due for the annual maintenance fee. 
 
(2) The Authorized Body shall publish the informatio n on reinstatement of the validity of a patent on 
invention, utility model or industrial design in its Official Bulletin.  (3) Any person, who, within the time period between th e date of termination of the validity of patent 
on invention, utility model or industrial design and the date of publica tion of information on IP/N/1/ARM/P/2 
Page 24  
 
reinstatement of the validity of patent in the Offi cial Bulletin of the Authorized Body, has started 
utilization of the patented invention, utility model or industrial design or has, within the mentioned 
period, started preparations necessary for utilization th ereof shall retain the right to proceed with its 
use free of charge, provided that the scope of such  a use is not increased (right on subsequent use). 
 
(4) The right on subsequent use may only be transfe rred to a third person together with the production 
unit in which the identical solution has been used or the necessary prep arations for its use have been 
made.   
Chapter 7: Protection of Rights of Inventors and Patent Owners 
 
Article 37. Settlement of Disputes Concerning Rights Emanating From Patent in Court 
Procedure 
 
In the court procedure are discussed those disputes, which relate to: 
 
the authorship of an invention, utility model or industrial design,   the identification of the patent owner,  the infringement of exclusive right to a patent on an invention, on a utility model, on an industrial 
design, 
 the assignment of exclusive right, conclusion and performance of the assignment contracts,   the right of prior use, 
 
the right on subsequent use,  the size, term and order of payment of  compensation provided by this Law, 
 other vexed questions concerning the prot ection of rights certified by patent.  
 
Article 38. Liabilities for Infringement of this Law  
 Infringement of this Law causes liability in the order established by Law.  
 Chapter 8: Final Provisions 
 
Article 39. Extension of Time Limits and Restoration of Missed Time Limits 
 (1) The Authorized Body may extend the time limits  for submission of the answer to the enquiry on 
examination established by Articles 23 (4-6), 25 (4),  27 (2), 29 (4-6), 30 (4-6) of this Law once for 
two months. 
 The request on extension shall be submitted befo re the expiration of the established time limits 
accompanied with a document confirming the payment of the state fee.   
(2) The Authorized Body may restore the time lim its established by Articles 23, 26, 27, 29 and 30 of 
this Law, which have been missed by the appli cant, except the time limits established by Articles 23 
(13), 26 (7), 27 (6), 29 (14) and 30 (14) for applying to the court.    IP/N/1/ARM/P/2 
 Page 25 
 
 
The request on restoration of missed time limits  may be submitted within six months after the 
expiration of the established time limits accompanied with a document confirming the payment of the 
state fee.  Article 40.  Patenting of Invention, Utility Model, Industrial Design in Foreign Countries  
 
(1) An invention, a utility model or industrial design created in the Republic of Armenia may be 
patented in foreign countries.  (2) Before filing an application on invention, utilit y model or industrial design created in the Republic 
of Armenia with a foreign country, among them with in the frameworks of the international treaties of 
the Republic of Armenia, the applicant shall file th e application on that object of industrial property 
with the Authorized Body also communicating hi s intention to patent it in a foreign country. 
 If the process of granting of a patent by the intern ational treaties of the Republic of Armenia is fully 
or partially carried out by the International Author ity, the application on invention, utility model or 
industrial design created in the Republic of Armenia shall be submitted to th e mentioned International 
Authority only through the Authorized Body in case of its conformity to the requirements of national security.  (3) Where within 3 months after receiving the co mmunication about the intention to patent an 
invention, utility model or industrial design in a foreign country according to paragraph 2 of this 
Article, the Authorized Body does not prohibit the patenting in foreign countries on the grounds provided by Article 4(6) of this Law, then the applicant may act at his discretion.   (4) Infringement of the requirements of paragraph (2) of this Article shall cause liability under the 
legislation in force in the Republic of Armenia. 
 (5) The Authorized Body which r eceives international applications filed by the Patent Cooperation 
Treaty (hereinafter referred to as “PCT”) proce dure with the International Bureau of the World 
Intellectual Property Organization (hereinafter referred  to as “the International Bureau”) and Eurasian 
applications filed by the Eurasian Patent Conventio n procedure with the Eurasian Patent Office shall 
be the receiving Office only for the citizens and legal entities of the Republic of Armenia as well as 
natural persons having permanent reside nce in the Republic of Armenia.  
 An international application sha ll be submitted in the English and a Eurasian application in the 
Russian language. 
 
The Authorized Body verifies the presence of requisite  application documents an d their conformity to 
the established requirements, by the results of whic h it establishes the date of filing the international 
or Eurasian applications and within one mont h after that date delivers it accordingly to the 
International Bureau or the Eurasian Patent Office.   
Article 41. Rights of Foreign Natural Persons and Legal Entities  
 Under the international treaties to which the Republic  of Armenia is a party or on the basis of the 
principle of reciprocity, foreign natural persons a nd legal entities shall enjoy the rights conferred by 
this Law and shall incur liability in the same way as natural persons and legal entities of the Republic 
of Armenia. 
  IP/N/1/ARM/P/2 
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Article 42. International and Eurasian Applications Havi ng the Effect of Applications Regulated 
by this Law  
 
(1) An international application on invention or utility model filed by the PCT procedure with the 
International Bureau may be entry into national phase in the Republic of Armenia, if it is submitted to 
the Authorized Body within 31 months after the date  of priority sought, provided that the Republic of 
Armenia is mentioned in the international application as a receiving State.   (2) The date of entry of an inte rnational application into the natio nal phase shall be established by the 
Authorized Body if it is submitted to the Authorized Body at least: 
 
a request on being granted a patent in accordance wi th Articles 18 (2) and 19 (2) of this Law which 
includes the number and the filing date of the international application,  the first page of the publication of the intern ational application by the International Bureau. 
 
(3) If the documents mentioned in paragraph 2 of this Article are not submitted to the Authorized 
Body within 31 months the validity of the intern ational application by the PCT procedure to the 
Republic of Armenia shall be terminated.  (4) The other documents of the international a pplication shall be submitted in accordance with 
Articles 18-20 of this Law. 
 (5) The Authorized Body shall, on the bases of th e refused Eurasian appli cation, according to the 
Eurasian Patent Convention, discuss the application on granting a patent in the order established by 
this Law from the date of receiving the ratified copy  of that application from the Eurasian Patent 
Office. The applicant shall submit the requisite mate rials of the application established Articles 18 and 
19 of this Law within two mont hs after the mentioned date.  
 Article 43. Eurasian Patent and Patent of the Republic of the Armenia for Identical Inventions  
 Where the Eurasian patent granted to the identical inventions or identical invention and utility model 
and that of the Republic of Armenia have the same date of priority and belong to different patent 
owners then such inventions or invention and utility model may be utilized only provided that the 
rights of all the patent owners thereof are protected.   Where the Eurasian patent granted to the identical inventions or identical invention and utility model 
and that of the Republic of Armenia have the same da te of priority and belong to the same person the 
right on utilization of such inventions or inventio n and utility model may be transferred to any person 
according to the license agreement concl uded on the bases of those patents. 
 Article 44.  Patent Fees  
 
The filing of a patent application, the grant of a pa tent and the maintenance in force thereof, as well as 
the performance of other legal acts relating to a patent  shall be subject to the payment of state fees. 
The types of fees, amounts and time limits thereof, reduction and refund of the state fees, the bases and order of exemption from state fees shall be est ablished by the Law of the Republic of Armenia on 
State Fees. 
 
Article 45. Transitional Provisions  
 (1) Exclusive rights deriving from the patents, which have been granted and are valid before the entry 
into force of this Law shall continue to be valid according to the provisions of this Law. 
  IP/N/1/ARM/P/2 
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(2) Examination on applications filed before entry into force of this Law shall be carried out in 
accordance with the requirements established by this  Law if the decision on granting patent on the 
bases thereof has not yet made.   (3) Appeal of decisions on granting a patent made be fore the entry into force of this Law shall be 
made in the order established by this Law. 
 (4) The Republic of Armenia Law on Patents of October 26 1999 adopted by the National Assembly 
shall cease to be in force.  
Article 46. Entry into Force of the Law  
 (1) This Law shall enter into force the tenth day after its official publication. 
 (2) Paragraphs 8 of Articles 19-21 of this Law shall enter into force since July 1, 2005. 
 
 
President of the Republic of Armenia      R. Kocharyan  
 
Yerevan December 29, 2004  
__________