Utility Models: Armenia

General Information

International Agreements : the member of PCT, Paris Convention and Eurasian Patent Organization (EAPO).

Novelty Requirement : Any information on substantially the same subject matter published in the world or any use of such a subject in the Republic of Armenia will be a bar for patentability of a utility model.

Claiming priority : 

  1. On the filing date of the application filing with the Russian PTO.
  2. On the priority filing date under Paris Convention if the corresponding Russian application is filed within 12 months from the above date.
  3. On the date of filing “new matter” features if they are further submitted as a separate application filed by the Applicant within three months from the date of the receipt of the “new matter” notification from the PTO.
  4. On the filing date of the earlier pending application in case of filing of the later application by the same applicant if the later application is filed within 6 months from the filing date of the earlier application. After that the earlier application should be abandoned.
  5. On the filing date of the parent application if the divisional application is filed when the parent application is pending.
  6. On the filing dates of several earlier applications in accordance with above clauses 2-5.

Examination : Only Formal Examination is carried out. 
Formal Examination is to determine whether:

  • the application documents are in line with the prescribed conditions;
  • the unity of invention requirement is met; 
  • the utility model relates to a subject-matter which is protectable as a utility model.


Where the application documents are not in order a Formal Examination Official Action is issued requesting to furnish the corrected or missing documents within 2 months from the date of the Official Action receipt. No “new matter” should be inserted into the application materials. If no response is timely filed the application is deemed to be abandoned. The time limit may be extended by 10 months at most if a corresponding petition is filed before the term expiration. The application may be reinstated within a year from the missed term if there is some confirmed good excuse for missing the term.
If the unity of utility model requirement is not met the applicant shall be invited to choose, within 2 months from the date of the corresponding Formal Examination Official Action receipt, which of the claimed utility models should be examined, and, if necessary, to correct the documents of the application. Other utility models claimed in the original application may be submitted as divisional applications.
If the applicant fails within the prescribed time limit to state which of the claimed utility models should be examined the examination shall be carried out only in respect of the first claimed utility model.
If during Formal Examination it is determined that the utility model, as claimed, meets the above a) & c) clauses an Official Decision of Grant is issued.
If during Formal Examination it is determined that the utility model, as claimed, does not meet the above c) clause an Official Decision of Rejection is issued.
The applicant or a third party may request the conduct of a prior art search in respect of the claimed utility model, the result of which may be used in the patentability check.

Protection Period : 10 years from the filing date.
Publication : No laid-open publication.
Annuities : Yearly

Grace period for payments : 6 months with penalties.

Compulsory licensing : If a patent owner has not used or has insufficiently used a patented utility model within three years from the issuance of a patent and refuses to grant a license on the patented utility model, any person willing and ready to use the utility model may request a compulsory non-exclusive license from the Court. If the patentee fails to prove that the utility model was not used due to valid reasons, the Court grants the requesting party a license to use the utility model subject to certain terms of payment the license fees. If a patent owner cannot use the patented utility model without infringing the rights of another patentee, it has the right to demand from the latter conclusion of a license agreement.

 

Filing Requirements

Utility Models Filing Requirements

  1. Applicant's name, address and nationality. 
  2. Inventor's name, address and nationality. 
  3. Priority data (date, serial number and nationality) if any. 
  4. Title of the Invention. 
  5. Specification, Claims and Abstract.
  6. Formal Drawings.
  7. Power of Attorney.
  8. Assignment Deed.

 

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