In general, invention means a new solution to a technically realized problem, more generally, new technical solutions related to human work.
According to the Law "On Patents", an invention patent and a short-term invention patent are issued in the Republic of Armenia.
To obtain an invention patent (short-term patent) the author, employer, or their successor, i.e. the person who owns the right to obtain a patent (hereinafter referred to as the applicant) may apply (submit an application) to the Intellectual Property Office of the Ministry of Economy of the RA (hereinafter referred to as the Office). The applicant is the natural or legal person or the organization in whose name the patent is requested. No document certifying the right to obtain a patent is required.
The mentioned people can apply in person, through a registered patent attorney in the Office, or another representative.
According to the current legislation, foreign legal entities and natural persons permanently residing outside of the Republic of Armenia carry out the paperwork with the Office through patent attorneys registered in the Office, unless otherwise stipulated by the international treaties of the Republic of Armenia. Such an approach is highlighted by the fact that the paperwork carried out with the applications of the above-mentioned applicants becomes easier and economically more expedient. On the other hand, such an approach serves as a basis for the principle of reciprocity to be applied in the international agreements of the Republic of Armenia, according to which persons with a permanent place of residence in the Republic of Armenia and legal entities of the Republic of Armenia also receive the same rights in the country that is a party to the agreement. Currently, the Republic of Armenia has an agreement with several CIS countries, including the Russian Federation and Georgia. On the other hand, the law allows legal entities and natural persons of the Republic of Armenia to apply directly to the Office, without resorting to the help of a patent attorney, if they have sufficient experience and skill in handling matters related to obtaining a patent on their own.
Following Article 42, Parts 1 and 2 (link) of the RA Law "On Patents", the application for obtaining a patent (short-term patent) is submitted in Armenian.
Other application documents are submitted in Armenian. In case of submitting them in another language, the applicant is obliged to submit their Armenian translation to the Office within three months from the date of submission of the application.
An application for an invention patent (short-term patent) includes:
1) application for obtaining a patent (short-term patent) (see the application form in the Forms);
2) description of the invention;
3) the definition of the claim of the invention, which includes at least one independent point;
4) drawings and other materials, if they are necessary to understand the essence of the invention;
5) a brief description of the invention (abstract).
Attached to the application are:
1) power of attorney, if it was submitted through an attorney or representative unless otherwise provided by law;
2) Armenian translation of application documents, if they were submitted in another language;
3) the document confirming the payment of the established state duty, and if the state duty was paid at a reduced rate, also a document confirming the grounds for payment at a reduced rate, as of the date of payment of the state duty.
The requirements for documents required to apply for an invention patent (short-term patent) can be found at this link: "Procedure for Formulation, Submission, and Consideration of an Invention Application".
You can find out how to fill out an application for an invention patent (short-term patent) at this link.
Patent attorneys registered in the Intellectual Property Office of the Ministry of Economy of the RA can help with the formulation of an application for an invention patent (short-term patent). Find the list with their information here.
The process of obtaining a patent begins by filling out the necessary documents and submitting the relevant application to the Intellectual Property Office of the Ministry of Economy of the RA.
The application can be submitted to the Intellectual Property Office of the Ministry of Economy of the RA directly (by hand), by postal delivery, or through the electronic system of the Office's website.
The address of the office is Republic of Armenia, Yerevan 0010, M. Mkrtchyan 5/1.
The same invention can be the subject of an application for a patent for an invention and an application for a short-term patent for an invention.
The request for two protection documents can be made by the same applicant by submitting the respective applications at the same time. If the applicant applied for an invention patent and an application for a short-term invention patent for the same invention, then:
1) the operation of a short-term patent for an invention is considered terminated after the granting of a patent for an invention;
2) an application for a short-term patent for an invention, with which proceedings are continued as of the year of the decision on granting an invention patent, is considered withdrawn from that year.
A state fee is established by the Law "On State Fees" for registration of an application for an invention patent (short-term patent), including an international application transferred to the national stage, and making a decision based on the results of the preliminary examination:
• for individuals and legal entities with up to 25 employees: AMD 5,000 (five thousand).
• for legal entities with 25 to 100 employees: 10,000 (ten thousand) AMD.
• for legal entities with 100 or more employees: 20,000 (twenty thousand) AMD.
For each of the more than 5 claims definition points in the submitted application, an additional state duty equal to 25% of the above state duties must be paid.
For example, if the application is submitted by a natural person and the claim definition contains 6 points (independent and dependent), then the state fee for filing an invention patent application will be AMD 5,000 + AMD 1,250 (25% of AMD 5,000) = AMD 6,250.
The established state duty must be paid to the state budget to bank account N 900005016200.
Patent protection means that the invention cannot be made, used, distributed, or sold for commercial purposes without the consent of the patent holder. These patent rights are usually protected in court. Courts in many countries have the right to stop patent-infringing activities. Conversely, the court can invalidate the patent based on substantiated evidence from a third party.
The patent holder has the right to allow or prohibit the use of the patented invention by third parties until the expiration of the patent term. The patentee may permit or license others to use the invention on mutually agreed terms. The patentee can also sell his rights to the invention to someone else, who in this case will become the new owner of the patent (the patentee). As soon as the patent expires, the protection ends and the invention becomes public property, that is, the owner no longer has exclusive rights to the invention, and the invention becomes available to third parties for industrial exploitation.
An invention patent is valid for 20 years, calculated from the date of application. The specifics regarding the term of validity of an invention patent are defined by the Law "On Patents".
A short-term invention patent is valid for 10 years, calculated from the date of application.
To keep the patent valid, annual state fees are paid, the amounts and payment terms of which are defined by the Law "On State Fees".
Annual state fees are paid for each subsequent year until the end of the current year of operation. The annual state fee can be paid even after the end of the specified period, within six months. In this case, the amount of the annual state tax is increased by 50 percent.
Annual state fees are paid from the second year of license validity.
If more than five years have passed from the date of the filing of the invention application to the date of granting the first permission for the use of the objects of the invention referred to in Part 3 of Article 28 of the Law on Patents (hereinafter referred to as the Law), then the term of validity of the exclusive right to the relevant invention is extended by the Office according to the patent holder's application.
The application is considered to be submitted upon payment of the state fee of AMD 50,000.
The term of validity of the exclusive right to the invention is extended by the period from the filing of the invention application to the date of the first authorization for the use of the product minus five years, but not more than five years.
The application to request additional legal protection, to which is attached the authorization given by the competent authority specified in Article 28, Part 3 of the Law, is submitted to the Office within six months from the date of the first authorization for the use of the product, or before the expiration of six months from the date of granting the patent, depending on , which of the specified dates expires later.
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