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Legislative Implementation of Flexibilities - Armenia

Title:Articles 53 (2) and (3), 57 (1) and 58 of the Industrial Property Act of 10/06/2008
Field of IP:Patents
Type of flexibility:Disclosure related flexibilities
Summary table:PDF

Provisions of Law

Article 53

Contents of Requirements to Application

(2) The description of the invention shall include the technical problem, for the solution of which the invention is intended, the technical result which may be reached using the invention, information on the state of the art or of other technical solutions which have become available to the public before the priority date of the invention and technical matter, as well as the reasons causing barriers to obtaining the required technical results, as well as the description of technical solution of the technical problem. The description of the invention shall disclose the invention clearly and completely for it to be sufficiently carried out by a person skilled in the art.

(3) If an invention relates to biological material, which is not available to the public and can not be described in a manner to be sufficiently carried out by a person skilled in the art, the description of the invention shall be supplemented by a certificate on the deposit of biological material issued under Article 7 of the Regulations of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure or issued by the Authorized Body of the Government of the Republic of Armenia for deposit of microorganisms.

(4) The claims shall define the subject matter of the invention through the totality of its technical character for which protection is sought. The claim, which is submitted in one or more points must be clear and concise and be totally based on the description.

Article 57

Term for Submission of Written Evidence (1) The owner of a patent or holder of exclusive rights issuing from the patent shall no later than the expiry of the ninth year of the patent validity submit to the State Authorized Body written evidence that the patented invention meets the requirements of Articles 9, 11, 13 and 14 of this Law.

Article 58

Forms of Written Evidence (1) The written evidence under Article 32 of the PC'I' enjoys the status of International Preliminary Examining Authority, or by any other patent office with which the State Authorized Body has a contract. (2) If the submission of written evidence, according to paragraph (1) of this Article, is not complete for the granting proceedings, the applicant shall inform the State Authorized Body accordingly in the time limit prescribed in Article 57(1) of this Law. On the basis of that information, the State Authorized Body shall interrupt the proceedings. The proceedings shall continue if the applicant submits evidence under this Article within three months after the established term. If the evidence under this Article is not submitted in the established time, the patent shall lapse on the date of the expiry of the ten-year term of the patent validity. (3) When the written evidence is submitted pursuant to paragraph (1) of this Article, the owner of a patent or holder of exclusive right issuing from the patent shall submit a list and copies of all other patents, which could be considered as evidence, including the list of refused applications and data thereon. In case the list and copies of the patents to the written evidence are not submitted in due time, the evidence is deemed not to have been submitted and the applicant is notified about it. (4) If the State Authorized Body establishes that the written evidence under this Article is forged or is not true, it declares the patent to be void. (5) When the owner of a patent or holder of exclusive right issuing from a patent does not have written evidence he may request, against payment of the state fee, that the State Authorized Body obtains relevant data or opinions to be used as the basis for the publication of one of the conclusions under Article 59 of this Law