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Legislative Implementation of Flexibilities - Armenia

Title:Articles 51 and 54 of the Industrial Property Law of 10/06/2008
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 51

Examination of an application (1) Where an application meets the requirements of Article 46 of this Law, the State Authorized Body shall examine the conformity of the content and form of the application, additional documents or evidence with the requirements under this Law and Rule.

(2) The State Authorized Body shall also examine the conformity of invention with the requirements of Article 53 (2) and (4), and the conformity of paid state fees with the rates established by Law, including annual state fees under Articles 67(6) or 68(4) of this Law. (3) If during examination missing parts or missing documents are noted in the application, additional documents or evidence, the State Authorized Body shall invite the applicant to submit the corrected or missing parts or documents within three months from the receipt of the invitation. (4) If the applicant does not remedy all deficiencies in the established period, the application shall be deemed to be withdrawn, except in the cases referred to in Articles 73 and 74. (5) If the State Authorized Body establishes that all the documents to the application or supplements or evidence with their content and form meet the requirements under this Law and Rule then the proceedings shall continue in the order established by this Law.

Article 54

Examination of Requirements for the Grant of a Patent (1) In the process of examination for the grant of a patent, the State Authorized Body shall examine: (a) whether the subject of the claimed invention meets the requirements of patentability under Article 10 of this Law; (b) whether the claimed invention meets (obviously), at first sight, the requirements of patentability under Articles 11, 13 and 14, the state of the art being defined only based on the materials in the examiner's disposal. (2) In the process of examination for the grant of a patent on utility model, the State Authorized Body shall examine: (a) whether the subject of the claimed utility model meets the requirements of patentability under Article 10(1) and (2); (b) whether the claimed utility model meets the requirements of patentability under Articles 14, 15. (3) If the State Authorized Body establishes that the claims of the invention application meet all the requirements of paragraph (1) of this Article, or that the claims of the utility model application meet the requirements of paragraph (2) of this Article, it shall make a decision on publication of the application in the Official Bulletin and of granting the patent. (4) If the State Authorized Body establishes that the claims of the invention do not meet the requirements of paragraph (1) of this Article, or that the claims of the utility model do not meet the requirements of paragraph (2) of this Article, it shall make a decision on refusal of the application. (5) If the State Authorized Body establishes that the claims of the invention or the claims of the utility model do not meet the requirements of paragraphs (1) and (2) of this Article respectively, only in part, it shall make a decision on refusal of the application only with respect to that part.

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