Patent Registration in Armenia

Patent registration in Armenia allows inventors and companies to obtain legal protection for technical solutions in any field relating to a product (in particular, a device, material or biotechnological product) or a method (a process of performing actions on a material object using material means), including the use of a product or method for a specific purpose. The procedure is handled by the Intellectual Property Agency of the Republic of Armenia (AIPA) and includes formal and substantive examination stages. Armenia is a member of the Paris Convention, the Patent Cooperation Treaty (PCT) and the Eurasian Patent Convention — meaning patent protection may also be obtained via a Eurasian patent.

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Armenia including patent search, patent translation, filing and further prosecution of an Armenian application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Routes to Obtain Patent Protection in Armenia

Patent protection in Armenia may be obtained by filing a national patent application with the Intellectual Property Agency of the Republic of Armenia (AIPA) or via a Eurasian patent.

The term for entering the Armenian national phase of a PCT application is 31 months from the priority date. This deadline is absolute and cannot be extended.

Foreign applicants must be represented before the Office by a registered Armenian patent attorney.

Patentability Requirements in Armenia

To obtain a patent in Armenia, an invention must comply with the standard patentability criteria established by Armenian patent law.

• Novelty — the invention shall be considered new if it does not form part of the state of the art, i.e. it has not been disclosed anywhere in the world prior to the filing or priority date.
• Inventive Step — the invention must not be obvious to a person skilled in the relevant technical field.
• Industrial Applicability — the invention shall be considered industrially applicable if it can be made or used in industry, agriculture, health protection and other spheres.

Key Facts About Patent Protection in Armenia

20

Years Validity

Validity term of a standard patent in Armenia from filing date

12

Months Grace

Novelty grace period from disclosure of information on the invention before filing or priority date, if priority is claimed

12

Months (Conv.)

The term for filing a conventional patent application in Armenia from the priority date

2-3

Years Registration

Average duration of the patent registration procedure in Armenia

The validity term of a standard patent in Armenia is 20 years from the filing date. For pharmaceutical patents and patents for agrochemicals, it is possible to apply for an extension of this term for an additional 5 years. In case a patent is extended, the Supplementary Protection Certificate (SPC) will be issued.

A short-term patent may also be obtained, valid for 10 years from the filing date. It is issued at the applicant's responsibility on the basis of the formal examination alone, without substantive examination.

Patent Registration Procedure in Armenia

The procedure of the patent registration in Armenia takes approximately 2-3 years. The term for filing a conventional patent application in Armenia is 12 months from the priority date.

Armenian patent law provides for two types of patent protection — a short-term patent (10 years) and a standard patent (20 years) — each following a distinct path through examination.

Local Patent Expert

MSP, Armenia

Practice Insight

“Foreign applicants often confuse short-term patent with a standard patent. A short-term patent (up to 10 years) is granted without substantive examination of novelty and inventive step, although compliance with these patentability requirements is still required under Armenian law. As a result, where a third party seeks to challenge the patent, its validity may be contested on the grounds that the claimed invention does not satisfy the patentability requirements. Where long-term exclusivity and stronger legal certainty are important, applicants should request substantive examination and pursue a standard patent with a maximum term of 20 years.”

Required Documents and Information

The documents required to file a patent application in Armenia are listed below. Please note that some must be submitted at the time of filing, while others may be provided within a set period after the application date.

If you need further information concerning patent registration in Armenia or a quotation for filing and prosecution of an Armenian patent application, please feel free to contact us.

Patent Budget Structure in Armenia

The total investment required for patent registration in Armenia is not fixed and depends on several critical factors. The final patent cost in Armenia is determined by the complexity of the invention, the number of claims in the application and the specific legal strategy chosen — short-term patent or standard patent — for protection before the Intellectual Property Agency of the Republic of Armenia.

Typically, the patenting budget consists of three primary components: official government fees, professional attorney fees and associated costs.

Frequently Asked Questions

• What are the main routes to obtain patent protection in Armenia? +
  Patent protection in Armenia can be obtained by filing a national application with the Intellectual Property Agency of the Republic of Armenia (AIPA) or via a Eurasian patent. PCT applicants may enter the Armenian national phase within 31 months from the priority date. This deadline is absolute and cannot be extended.
• What is the difference between a short-term patent and a standard patent in Armenia? +
  A short-term patent is valid for 10 years and is issued at the applicant's responsibility on the basis of the formal examination alone — without substantive examination. A standard patent, valid for 20 years, is issued on the basis of positive substantive examination which should be requested within 5 years from the filing date.
• Is representation by an Armenian patent attorney required for foreign applicants? +
  Yes. Foreign applicants must be represented before the Intellectual Property Agency by a registered Armenian patent attorney. Additionally, it is mandatory for foreign applicants to provide the Patent Office with an Armenian address for correspondence.
• What are the language requirements for patent applications in Armenia? +
  The official language of proceedings before the Armenian Patent Office is Armenian. Applications may be filed in any other language; however, an Armenian translation of the full application must be submitted within 3 months from the filing date.

• How long does patent registration in Armenia take? +
  If the prosecution process goes smoothly, it takes approximately 2-3 years to obtain a patent in Armenia. The formal examination lasts approximately 3 months.
• Can pharmaceutical patents be extended beyond 20 years in Armenia? +
  Yes. For pharmaceutical patents and patents for agrochemicals it is possible to apply for an extension of the 20-year term for an additional 5 years. In such cases, a Supplementary Protection Certificate (SPC) will be issued. An application for extension should be filed within 6 months from the date of the marketing authorization, or within 6 months from the date of patent grant — whichever is later.
• For how long is a patent valid in Armenia? +
  A standard patent in Armenia is valid for 20 years from the filing date, subject to the timely payment of annual renewal fees. A short-term patent is valid for 10 years from the filing date. Renewal fees are paid from the second year of patent validity.

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