Patent Law Of The Russian Federation

Original Language Title: Патентный закон Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102018633

Expired-the Federal law from 18.12.2006 y. N 231-FZ dated December 30, w and c o n RUSSIAN FEDERATION Russian patent law (as amended by the federal laws on 07.02.2003 N 22-FZ;
from 2/2/2006 N 19-FZ) r and w d e l I General provisions article 1. Relations regulated by the present law this law regulated relations arising in connection with legal protection and use of inventions, utility models and industrial designs. (As amended by federal law from 07.02.2003 N 22-FZ), Article 2. The Federal Executive Body in the field of intellectual property, the implementation of the State policy in the field of legal protection of inventions, utility models and industrial designs, and functions provided for by this law in this area rests with the Federal Executive Body in the field of intellectual property.
The Federal Executive Body in the field of intellectual property in cases stipulated by this law, shall issue in accordance with its competence the normative legal acts on the application of this law.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ), Article 3. Legal protection of invention, prototype, or industrial sample 1. The right to the invention, utility model or industrial design shall be protected by law and supported by patent for, respectively, a patent for a utility model and a patent for industrial design. (As amended by federal law from 07.02.2003 N 22-FZ)
2. patent certifies the priority, the authorship of an invention, utility model or industrial design and exclusive right to the invention, utility model or industrial design. (As amended by federal law from 07.02.2003 N 22-FZ)
3. patent on an invention is valid until the expiration of 20 years from the filing date of the application with the Federal Executive Body in the field of intellectual property.
The period of validity of a patent for an invention relating to medicinal means, pesticide or agrohimikatu, which requires obtaining permits in the manner prescribed by law, be extended by the Federal Executive Body in the field of intellectual property at the request of the patentee for the period calculated from the filing date of the invention before the date of the first such permit to use, less than five years. During this period of extended validity of the patent for the invention, may not exceed five years. The specified application is filed within the period of validity of the patent before the expiration of six months from the date of receipt of the authorization or issuance of a patent, whichever of these deadlines expires later.
Patent for utility model is valid until the expiration of five years from the date of filing of the application with the Federal Executive Body in the field of intellectual property. The validity term of the patent for utility model may be extended by the Federal Executive Body in the field of intellectual property at the request of the patentee, but not more than three years.
The patent for industrial model of a valid till expiration of ten years from the date of filing of the application with the Federal Executive Body in the field of intellectual property. The validity term of the patent for industrial model may be extended by the Federal Executive Body in the field of intellectual property at the request of the patentee, but not more than five years.
Procedure for the renewal of a patent for invention, utility model or industrial design shall be established by the Federal Executive Body in the field of intellectual property.
In the calculation referred to in this paragraph, the duration of patents for invention, utility model or industrial design, issued by selected applications, the filing date shall be the date of filing of the original application with the Federal Executive Body in the field of intellectual property.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
4. Scope of legal protection afforded by a patent for invention or utility model shall be determined by their formula. For the interpretation of claims and the formula of a utility model can be used in the description and drawings.
The scope of legal protection afforded by a patent for industrial design, imparted its essential attributes, reflected in images of products and listed in the list of essential features of the industrial design.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
5. the provisions of this Act apply to secret inventions (inventions containing information constituting a State secret) with the characteristics of their legal protection and use set out in section VI-1 of this Act.
Legal protection under this Act shall not be granted utility models and industrial designs, containing information constituting a State secret.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ) r and w d e l (II) CONDITIONS of PATENTABILITY Article 4. Conditions of patentability of inventions

1. As an invention protected by a technical decision in any field relating to the product (in particular, device, substance, strain of a microorganism, a culture of plant or animal cells) or a process (the process of implementation of the action over the material object using materiel). The invention shall be granted legal protection if it is new, involves an inventive step and is industrially applicable. (As amended by federal law from 07.02.2003 N 22-FZ) an invention is new if it is not known from the prior art.
The invention involves an inventive step if, it is not explicitly clear from the prior art.
Art consists of any information that has become publicly known through in the world before the priority date of the invention.
When establishing the novelty of an invention, the prior art also includes the subject of the earlier priority of all filed by other persons in the Russian Federation application for inventions and useful models, with documents which have the right to examine any person in accordance with paragraph 6 of article 21 or article 25, paragraph 2 of this law, and patented in the Russian Federation for inventions and useful models. (As amended by federal law from 07.02.2003 N 22-FZ) an invention is industrially applicable if it can be used in industry, agriculture, healthcare and other sectors of activity.
Does not recognize the fact that prevent recognition of the patentability of the invention, such disclosure of information relating to the invention, the author, by the applicant or any person who has received directly or indirectly from them this information, where information about the invention became public, if the application for an invention filed with the Federal Executive Body in the field of intellectual property, not later than six months from the date of disclosure. If this burden of proof this fact rests on the applicant. (As amended by federal law from 07.02.2003 N 22-FZ)
2. Are not considered to be inventions in the sense of the provisions of this law, in particular: discoveries, scientific theories and mathematical methods;
decisions concerning only the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;
rules and methods of games, intellectual or economic activities;
programs for computers;
the decision, which only in the presentation of information.
In accordance with this paragraph excludes the possibility of attributing specified objects to the inventions only where the application for a patent for an invention in respect of specified objects per se.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
3. do not admit patentable in the sense of the provisions of this Act: plant varieties, animal breeds;
topographies of integrated circuits;
decisions that are contrary to the public interest, humanitarian principles or morality.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ), Article 5. Conditions of patentability of utility models 1. As a utility model protected by a technical solution relating to the device. (As amended by federal law from 07.02.2003 N 22-FZ) utility model recognizes the relevant patentability criteria, if it is new and industrially applicable. (As amended by federal law from 07.02.2003 N 22-FZ) utility model is new if the sum of its essential features is not known from the prior art.
Art includes has become publicly known through before the date of priority of the utility model published in the world information about the same destination that and claimed utility model, as well as information on their implementation in the Russian Federation. In art are also subject to the earlier priority of all filed by other persons in the Russian Federation application for inventions and useful models, with documents which have the right to examine any person in accordance with paragraph 6 of article 21 or article 25, paragraph 2 of this law, and patented in the Russian Federation for inventions and useful models. (As amended by federal law from 07.02.2003 N 22-FZ) utility model is industrially applicable if it can be used in industry, agriculture, healthcare and other sectors of activity.
Does not recognize the fact that prevent recognition of patentability of utility models, the disclosure of information relating to the utility model, the author, by the applicant or any person who has received directly or indirectly from them this information, where entity information useful models became available to the public, if the application is for a utility model filed with the Federal Executive Body in the field of intellectual property, not later than six months from the date of disclosure. If this burden of proof this fact rests on the applicant. (As amended by federal law from 07.02.2003 N 22-FZ)
2. As legal protection for utility models shall not be granted: decisions concerning only the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;
integrated circuits;
decisions contrary to the public interest, humanitarian principles or morality.

(Paragraph as amended by federal law from 07.02.2003 N 22-FZ), Article 6. Conditions of patentability of industrial designs 1. As an industrial design is protected by art and design products for industrial or artisanal crafts, indicating its appearance. (As amended by federal law from 07.02.2003 N 22-FZ) of the industrial design shall be granted legal protection if it is new and original. (As amended by federal law from 07.02.2003 N 22-FZ) an industrial design is recognized as new, if the sum of its essential features, reflected in images of products and listed in the list of essential features of the industrial design is not known from information in the public domain in the world before the priority date of the industrial design. (As amended by federal law from 07.02.2003 N 22-FZ) when establishing the novelty of the industrial design are also taken into account, subject to the earlier priority of all filed by other persons in the Russian Federation application for industrial design, with documents which have the right to examine any person in accordance with paragraph 2 of article 25 of this law, and patented in the Russian Federation designs. (As amended by federal law from 07.02.2003 N 22-FZ) industrial design recognizes the original if its essential features determine the creative nature of the characteristics of the product. (As amended by federal law from 07.02.2003 N 22-FZ) to the essential characteristics of the industrial design are signs that define aesthetic and/or ergonomic features of appearance of a product, in particular the form, configuration, design and color combination. (As amended by federal law from 07.02.2003 N 22-FZ) does not recognize the fact that prevent recognition of patentability of industrial design, such disclosure of information relating to industrial design, the author, by the applicant or any person who has received directly or indirectly from them this information, where information about the essence of industrial design became public, if the application for an industrial design filed with the Federal Executive Body in the field of intellectual property, not later than six months from the date of disclosure. If this burden of proof this fact rests on the applicant. (As amended by federal law from 07.02.2003 N 22-FZ)
2. do not admit patentable industrial designs: solution due solely to the technical function of the product;
architectural objects (except small architectural forms) and industrial, hydraulic and other stationary structures;
(the paragraph excluded the Federal law from 07.02.2003 N 22-FZ) of objects of unstable form of liquid, gaseous, powdery or similar substances;
products, contrary to the public interest, humanitarian principles or morality.
R a w d e l III authors and PATENT OWNERS, article 7. The author of the invention, prototype, or industrial sample 1. The author of the invention, utility model or industrial design recognizes the natural person whose creative work resulted they created.
2. If you are creating an invention, utility model or industrial design has been involved several individuals, they are all considered by its authors. The order of the enjoyment of the rights belonging to the author, shall be determined by agreement between them. (As amended by federal law from 07.02.2003 N 22-FZ) are not recognized by the authors of the individuals, not making a personal creative contribution to the creation of an invention, utility model or industrial design, had the author (s) only technical, organizational or material aid or only contributed to the formalization of rights to it and use it. (As amended by federal law from 07.02.2003 N 22-FZ)
3. Right of authorship is inalienable personal right and is protected in perpetuity.
Article 8. Patent holder 1. Patent is granted: the author of the invention, utility model or industrial design;
employer in the cases contemplated in paragraph 2 of this article;
the successors of these persons.
2. The right to obtain a patent on an invention, utility model or industrial design created by an employee (the author) in connection with the performance of his duties or specific tasks of the employer (Service invention, utility model, industrial design service) belongs to the employer, if the contract between him and the employer (the author) provides otherwise.

In the event that the employer within four months from the date of the notification of its employee (author) received as a result of them, capable of legal protection as an invention, utility model or industrial design, fails to file an application for a patent on these invention, utility model or industrial design in the Federal Executive Body in the field of intellectual property, will not give the right to obtain a patent for the invention utility , a utility model or industrial design service to another person and does not inform the employee (author) on the preservation of information on relevant result in secrecy, the right to obtain a patent for such invention, utility model or industrial design shall belong to the employee (author). In this case, the employer during the period of validity of the patent has the right to use the Service invention, utility model or industrial design career in own production with the payment of compensation to the patent holder, determined on the basis of the Treaty.
If an employer receives patent for invention utility, utility model or industrial design service, or decide on the preservation of information about such an invention, utility model or industrial design in secret, or will give the right to obtain the patent to another person either gets patent application filed on the due to an employee (author), which does not have the right to obtain a patent for such an invention , utility model or industrial design shall be entitled to remuneration. The remuneration and the manner of its payment shall be determined by agreement between the employee (author) and the employer. In case of failure between the parties to the agreement on the terms of the Treaty, within three months after one of the parties will make a proposal to the other party in writing about these conditions, dispute on compensation can be settled in the courts.
The Government of the Russian Federation shall have the right to set minimum rates of remuneration for service inventions, utility models, industrial designs.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) Article 9. (Deleted-the Federal law dated 07.02.2003 N 22-FZ) Article 9-1. The right to obtain a patent on an invention, utility model or industrial design created in carrying out works on public or municipal contract to perform work for State or municipal needs 1. The right to obtain a patent on an invention, utility model or industrial design created in carrying out works on public or municipal contract belongs to contractor (contractor) if the State or municipal contract to perform work for State or municipal needs has not been established that this right belongs to the Russian Federation, constituent of the Russian Federation or the municipality, on behalf of the State or municipal customers.
If in accordance with State or municipal contract the right to a patent belongs to the Russian Federation, constituent of the Russian Federation or the municipality, State or municipal customer within six months from the date of its notification in writing to the Executive Director (contractor) about getting a result, capable of legal protection as an invention, utility model or industrial design, may apply for the grant of a patent. If within the specified period the State or city will apply, the customer is not eligible for a patent has a performer (contractor).
2. in the case of a patent for an invention, utility model or industrial design created in carrying out works on public or municipal contract in accordance with paragraph 1 of this article is not the Russian Federation was not a subject of the Russian Federation or not municipality, patent holder on request of State or municipal customer is obliged to provide the person or persons a non-exclusive, royalty-free license to use the data of the invention , utility model or industrial design in order to perform work or supply products for State or municipal needs.
3. The author of the invention, utility model or industrial design, not a patent holder, is paid by the person who received the patent in accordance with paragraph 1 of this article. When remuneration shall apply the relevant provisions of paragraph 2 of article 8 of this law.
When you grant a non-exclusive license in the manner provided for in paragraph 2 of this article, remuneration shall be paid to the author State or municipal customer on demand which granted such a license. Remuneration is paid from the funds allocated for State or municipal customer to State or municipal contract.


(Article supplemented by federal law from 07.02.2003 N 22-FZ; as amended by Federal Act of 2/2/2006 N 19-FZ) SECTION IV EXCLUSIVE RIGHT to the INVENTION, utility model or industrial design (the name of the section as amended by federal law from 07.02.2003 N 22-FZ), Article 10. The rights and obligations of the patent owner 1. The patent holder has the exclusive right to the invention, utility model or industrial design. No one has the right to use a patented invention, utility model or industrial design without the authorization of the patentee, including to perform the following actions, unless such action is in accordance with the present law does not constitute a violation of the exclusive rights of the patent owner: importation into the territory of the Russian Federation, the manufacture, use, offer for sale, sell, other introduction into civil circulation or possession for these purposes a product which used a patented invention , a utility model, or product that uses a patented industrial design;
acts referred to in the second subparagraph of this paragraph, in relation to a product obtained directly by means of a patented process. If the product obtained by means of a patented process is new, identical product is obtained by using the patented method in the absence of evidence to the contrary;
acts referred to in the second subparagraph of this paragraph, in respect of the device, the operation (operation) in accordance with its designation is automatically performed a patented way;
implementation of the method, which uses a patented invention.
How to use an invention, utility model or industrial design, if a patent for invention, utility model or industrial design belongs to several persons, is determined by agreement between them. In the absence of such a treaty, each of the patent owners may use a patented invention, utility model or industrial design in its sole discretion, but shall not have the right to grant a license or transfer the exclusive right (relinquish patent) to another person without the consent of the other patent holders.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
2. A patented invention or utility model shall be recognized in the product or method used, if a product contains, but in how they used every feature of the invention or utility model contained in an independent paragraph claims or of a utility model, or whether the equivalent and became known as such in this field of technology before perpetrating the acts set forth in paragraph 1 of this article with respect to the product or process.
A patented industrial design is recognized as used in the product, if that product contains all the essential features of the industrial design, as reflected in the images and products are listed in the list of essential features of the industrial design.
In case if you are using a patented invention or utility model also uses all the signs listed in the independent clause formulas other patented invention or utility model, and when using the patented industrial design-all the signs listed in the list of essential features another patented industrial design other patented invention, utility model or industrial design used are also recognized.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
(Excluded by federal law from 07.02.2003 N 22-FZ)
3. in the case of a patented invention or industrial design are not used or underused patent holder and those who transferred the rights to them, within four years from the date of issue of the patent, and the patented utility model within three years from the date of issue of the patent, which leads to lack of proposal of the relevant goods or services on the market or market, any person wishing to use a patented invention and ready , utility model or industrial design, when the patent holder from concluding a license agreement with that person on terms consistent with the established practice, has the right to start legal proceedings against the patent holder on the granting of a compulsory non-exclusive license to use on the territory of the Russian Federation such invention, utility model or industrial design, noting claims his proposed terms and conditions for granting such a licence, including the use of , size, order and terms of payment. If the patent owner fails to prove that non-use or insufficient use of the invention, utility model or industrial design was due to a legitimate reason, the Court shall make a decision to grant the license specifying the terms. The total amount of the fees and charges should be set no lower than the price of a license, usually determined under comparable circumstances.

The action forced the non-exclusive license may be terminated in accordance with the claim of the patentee if the circumstances giving rise to the grant of the licence cease to exist, and their appearance is unlikely. In this case, the Court shall set the term of and procedure for termination of the use by a person who has received compulsory non-exclusive license, arising from the receipt of such license rights.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
4. If a patent owner cannot use the invention to which it has the exclusive right, without violating the rights of another holder of a patent for the invention or utility model, refused to conclude a license contract on terms consistent with established practice, the patentee has the right to start legal proceedings against the holder of another patent on the granting of a compulsory non-exclusive license to use the invention on the territory of the Russian Federation or of another holder of the utility model patent stating claims his proposed terms and conditions for granting such a licence, including the use, size, order and terms of payment, if the invention for which he has exclusive right constitutes an important technical achievement that has significant economic advantages over an invention or utility model holder of another patent.
When you provide in accordance with the decision of the Court of Justice specified license total size of payments should be set no lower than the price of a license, usually determined under comparable circumstances. If in accordance with this paragraph, a non-exclusive license holder push the patent for invention or utility model, the right to use granted under the specified license shall also be entitled to receive a non-exclusive license to use the invention in respect of which a compulsory non-exclusive license has been issued, on terms consistent with the established practice.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
5. The patentee may transfer the exclusive right to the invention, utility model or industrial design (to yield a patent) to any natural or legal person. Treaty on the transfer of exclusive rights (assignment agreements) must be registered in the Federal Executive authority for intellectual property and without such registration shall be void. (As amended by federal law from 07.02.2003 N 22-FZ)

6. patent on an invention, utility model or industrial design, and the right to obtain the same shall be transferable by succession.
Article 11. The actions shall not be recognized as infringement of the exclusive rights of the patent owner does not recognize a violation of the exclusive rights of the patent owner: product application, which used the patented invention, utility model or product that uses a patented industrial design, design, support equipment or in the operation of vehicles of foreign States (water, air, road and rail transport and space technology), provided that these vehicles temporarily or accidentally located on the territory of the Russian Federation and the specified product or article is used exclusively for the needs of the vehicle. This action does not recognize a violation of the exclusive rights of the patent owner in respect of vehicles of foreign States, providing the same rights in respect of vehicles registered in the Russian Federation;
the scientific research of a product, a process which used a patented invention, utility model or product that uses a patented industrial design, conducting experiments on this product, process or product;
the use of the patented invention, utility model or industrial design in cases of emergency (natural disasters, catastrophes, accidents) while promptly advising the patent owner of such use and further paying him an equitable compensation;
the use of the patented invention, utility model or industrial design to satisfy personal, family, household or other related needs, provided the purpose of such use is not making a profit (income);
occasional preparation of pharmacies on prescription drugs using a patented invention;
importation into the territory of the Russian Federation, use, offer for sale, sell, other introduction into civil circulation or possession for these purposes a product which used a patented invention, utility model or product that uses a patented industrial design, if this product or product had previously been introduced into civilian circulation on the territory of the Russian Federation by the patent owner or other person with the permission of the patent holder.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ)

Article 12. The right of prior use any natural or legal person who before the priority date of an invention, utility model or industrial design in good faith relied on the territory of the Russian Federation created regardless of its author identical solution or has made the necessary preparations to this reserves the right to further his gratuitous use without an increase in such use. (As amended by federal law from 07.02.2003 N 22-FZ) the right of prior use cannot be transferred to another natural or legal person only together with the production unit in which the use of the sameness of the solution or the necessary have been made to this preparation.
Article 13. Granting the right to use the invention, utility model or industrial design 1. Any person, not being the patent owner shall have the right to use a patented invention, utility model or industrial design only with the permission of the patent owner (on the basis of a license contract). Under a license contract the patent owner (the licensor) grants the right to use the patented invention, utility model or industrial design in the amount stipulated by contract to another person (the licensee) and the latter undertakes to pay the Licensor the payments and (or) perform other acts stipulated in the contract. (As amended by federal law from 07.02.2003 N 22-FZ) an exclusive license the licensee the right to use the invention, utility model or industrial design within the limits specified by the contract, beyond which the licensor retains the right to use it in the part not transmitted to the licensee; a non-exclusive license allows the licensor, while granting the licensee the right to use the industrial property subject matter, to retain all the rights deriving from the patent, including the right to grant licenses to third parties. (As amended by federal law from 07.02.2003 N 22-FZ)
(Excluded by federal law from 07.02.2003 N 22-FZ)
2. The patentee may apply to the Federal Executive Body in the field of intellectual property application for anyone the right to use the invention, utility model or industrial design (open license). The size of the annual maintenance patent fee is reduced in this case 50% as from the year following the year of publication by the Federal Executive Body in the field of intellectual property information about such a statement. The person wishing to use the invention, utility model or industrial design shall conclude an agreement on payments with the patent owner. Where the patent owner within two years from the date of such publication has not received offers in writing to conclude such agreement on payments after two years, he may apply to the Federal Executive Body in the field of intellectual property, a motion to withdraw his statement. In this case the patent fee for maintenance is subject to an extra charge for the period that has elapsed from the date of publication of the information about the statement, and later paid in full. The Federal Executive Body in the field of intellectual property shall publish a notification of withdrawal of the Declaration. (As amended by federal law from 07.02.2003 N 22-FZ)
3. The applicant, who is the author of the invention, when applying for a patent for invention may attach to it a statement of the documents that, in the case of the grant of a patent, he undertakes to transfer to the exclusive right to the invention (to yield a patent) on terms consistent with established practice, the first person who wants such a desire and uvedomivshemu on the patentee and the Federal Executive Body in the field of intellectual property, citizen of the Russian Federation or to the Russian entity. If there is such an application, patent fees provided for in this Act in respect of an application for an invention and patent issued on this application are not charged. The Russian PTO shall publish information about the specified statement. The patent owner is obliged to conclude a Treaty on the transfer of the exclusive right in an invention (assignment), with entity, expressed such a desire.
A person who has entered into a contract with the patent owner of assignment of exclusive rights in an invention (assignment) is obliged to pay all patent fees, payment of which was released by the applicant (holder). Further patent renewal fees shall be paid in the prescribed manner.
To register for the Federal Executive authority for intellectual property Treaty on the transfer of the exclusive right in an invention (assignment) to the application for registration shall be accompanied by a document certifying payment of all patent fees, payment of which was released by the applicant (holder).

If within two years from the date of publication of the particulars of the grant of such patents in the Federal Executive Body in the field of intellectual property have not received notice in writing of the desire to conclude a contract of assignment of exclusive rights in an invention (assignment), after two years, the patentee may apply to the Federal Executive Body in the field of intellectual property, a motion to withdraw his statement. In this case, the patent fees provided for in this Act and the payment of which the applicant (holder) was released, shall be payable. Further patent renewal fees shall be paid in the prescribed manner. The Federal Executive Body in the field of intellectual property, publishes in the Official Gazette of the revocation information of the specified application.
(Para supplemented by federal law from 07.02.2003 N 22-FZ)
4. In the interests of national security, the Government of the Russian Federation has the right to authorize the use of an invention, utility model or industrial design, without the consent of the patent owner to notify it promptly and paying him an equitable compensation. (As amended by federal law from 07.02.2003 N 22-FZ)
(The paragraph excluded the Federal law from 07.02.2003 N 22-FZ)
5. license agreement to use the patented invention, utility model or industrial design registration shall be subject to the federal body of executive power in the field of intellectual property. Without the specified registration of license contract shall be null and void. (Supplemented by federal law from 07.02.2003 N 22-FZ) Article 14. Patent infringement 1. Any natural or legal person who uses the patented invention, utility model or industrial design in violation of this law, shall be deemed the infringer of the patent. (As amended by federal law from 07.02.2003 N 22-FZ)
2. The patent owner shall have the right to demand termination of a violation: the patent;
compensation person, guilty of patent infringement, damages under civil law;
publication of the Court decision in order to protect its business reputation;
other ways to protect rights in the manner prescribed by the legislation of the Russian Federation.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
3. Requirements for the alleged infringer of a patent may be declared also the holder of an exclusive licence, unless otherwise provided in the license agreement.
R a w d e l V PATENT Article 15. Filing an application for a patent for invention, utility model or industrial design 1. An application for patent for invention, utility model or industrial design is filed in the Federal Executive Body in the field of intellectual property by a person with the right to a patent under this Act (hereinafter referred to as the claimant).
2. Doing business with the Federal Executive Body in the field of intellectual property may be carried out by the applicant, the patent owner or other interested person independently or through a patent agent registered with the Federal Executive Body in the field of intellectual property, or other representative.
Individuals residing outside of the Russian Federation, or foreign legal entities or their patent attorneys deal with the Federal Executive Body in the field of intellectual property through patent agents registered with the Federal Executive Body in the field of intellectual property. In the cases provided for by an international treaty of the Russian Federation, individuals permanently residing outside the Russian Federation, or foreign legal entities may exercise independently enrollment, payment of the patent fees and other actions in accordance with an international agreement of the Russian Federation.
If in accordance with this paragraph, the applicant, holder or other interested person to do business with the Federal Executive Body in the field of intellectual property independently or through a representative, other than a patent attorney registered with the federal body of executive power in the field of intellectual property, the Federal Executive Body in the field of intellectual property may require the indication of an address on the territory of the Russian Federation for correspondence.
The authority of the patent attorney and a representative certified Attorney, vidannoj by the applicant, patent holder or other interested person.
As a patent attorney may be registered, a citizen of the Russian Federation permanently resident in its territory. Other requirements for patent agent, its certification and registration, as well as the entitlement to take charge of matters related to the legal protection of inventions, utility models and industrial designs shall be defined by the Government of the Russian Federation.

3. Request for the grant of a patent for invention, utility model or industrial design shall be submitted in Russian. Other application documents shall be submitted in Russian or another language. If the application documents submitted in another language, it shall be accompanied by their translation into Russian language.
4. the application for the grant of a patent shall be signed by the applicant and, in the case of filing via a patent agent or other representative of the applicant or a patent agent or other representative.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) Article 16. An application for patent for invention 1. Application for the grant of a patent on an invention (hereinafter referred to as the application for the invention) should relate to a single invention or group of inventions linked so that they form a single inventive concept (requirement of unity of invention).
2. A patent application shall contain: the request for the grant of a patent, stating the names of the author (s) of the invention and the person (or persons) in whose name the patent is sought, and the addresses of their residences or places of business;
description of the invention, disclosing it sufficiently fully for implementation;
claims expressing its essence and fully supported by the description;
drawings and other materials, if they are necessary for the understanding of the invention;
Summary.
The application for an invention shall be accompanied by proof of payment of the prescribed patent fee or of circumstances affording entitlement to exemption from payment of the patent fee, or to a reduction of its amount or to a postponement of the payment. (As amended by federal law from 07.02.2003 N 22-FZ), the filing date of the application for an invention is considered to be the date of admission to the Federal Executive Body in the field of intellectual property, the application containing the application for the grant of a patent, the description and drawings if the description referenced, or date of the last document, if these documents are not presented at the same time. (Supplemented by federal law from 07.02.2003 N 22-FZ)
3. Requirements to the documents application for an invention shall be established by the Federal Executive Body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ) Article 17. Application for the grant of a patent for utility model (as amended by federal law from 07.02.2003 N 22-FZ dated December 30, 2008) 1. Application for the grant of a patent for utility model (hereinafter referred to as the application for utility model) shall relate to one utility model or to a group of utility models so linked that they form a single creative conception (requirement of unity of utility model). (As amended by federal law from 07.02.2003 N 22-FZ)
2. The application for utility model shall contain: the request for the grant of a patent, stating the names of the author (s) of the utility model and the person (or persons) in whose name the patent is sought, and the addresses of their residences or places of business; (As amended by federal law from 07.02.2003 N 22-FZ) description of the utility model, discloses its sufficiently fully for implementation;
the formula of a utility model, expressing its essence and fully supported by the description;
drawings, if they are necessary for the understanding of the utility model; (As amended by federal law from 07.02.2003 N 22-FZ) summary.
The application for utility model shall be accompanied by proof of payment of the prescribed patent fee or of circumstances affording entitlement to exemption from payment of the patent fee, or to a reduction of its amount or to a postponement of the payment. (As amended by federal law from 07.02.2003 N 22-FZ) date of filing of the utility model is considered the date of admission to the Federal Executive Body in the field of intellectual property, the application containing the application for the grant of a patent, the description and drawings if the description referenced, or date of the last document, if these documents are not presented at the same time. (Supplemented by federal law from 07.02.2003 N 22-FZ)
3. Requirements to the documents of the application for utility model shall be established by the Federal Executive Body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ), Article 18. An application for a patent for industrial design 1. An application for a patent for industrial design (hereinafter referred to as the application for industrial design) shall relate to one industrial design or industrial design group, linked together so that they form a single creative conception (requirement of unity of design). (As amended by federal law from 07.02.2003 N 22-FZ)
2. The application for an industrial design should contain: the request for the grant of a patent, stating the names of the author or authors of the industrial design and the person or persons in whose name the patent is sought, and the addresses of their residences or places of business;
set of pictures of products, providing full detailed representation about the appearance of the product;
General view drawing products, ergonomic diagram, Assembly diagram map, if they are necessary for the disclosure of the industrial design;
description of the industrial design;
the list of essential features of the industrial design.

The application for an industrial design shall be accompanied by proof of payment of the prescribed patent fee or of circumstances affording entitlement to exemption from payment of the patent fee, or to a reduction of its amount or to a postponement of the payment.
The filing date of the application for an industrial design shall be the date of receipt in the Federal Executive Body in the field of intellectual property, the application containing the application for the grant of a patent, a set of images of the product, a description and a list of essential features of the industrial design, or the date of receipt of the last document, if these documents are not presented at the same time.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ)
3. Documentation requirements of the application for an industrial design shall be established by the Federal Executive Body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ) Article 19. Priority of an invention, utility model or industrial design 1. Priority of an invention, utility model or industrial design is established on the date of filing of the application with the Federal Executive Body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ)
2. The priority of an invention, utility model or industrial design may be determined by the date of filing of the first application in a State party to the Paris Convention for the protection of industrial property (Convention priority) If filing with the Federal Executive Body in the field of intellectual property, an application for an invention or utility model within twelve months from the specified date, and the application for the industrial design within six months from the specified date. If for reasons beyond the applicant's circumstances with the application claiming priority could not conventional priority could not be filed within the specified period, this period may be extended, but not more than two months. (As amended by federal law from 07.02.2003 N 22-FZ) an applicant who wishes to exercise the right of priority of the Convention in respect of an application for a utility model or industrial design shall notify the Federal Executive Body in the field of intellectual property prior to the expiration of two months from the filing date of such application and submit a certified copy of the first application prior to the expiration of three months from the date of filing with the Federal Executive Body in the field of intellectual property applications on which is requested the Convention's priority. (As amended by federal law from 07.02.2003 N 22-FZ) an applicant who wishes to exercise the right of priority of the Convention in respect of an application for an invention, shall notify the Federal Executive Body in the field of intellectual property and to submit to the Federal Executive Body in the field of intellectual property, a certified copy of the first application not later than sixteen months from the date of its filing with the Patent Office of a State party to the Paris Convention for the protection of industrial property. Where no certified copy of first application within the specified period the right of priority may be restored at the request of the applicant, submitted them to the Federal Executive Body in the field of intellectual property prior to the expiration of the specified time limit, provided that a copy of the first application requested by the applicant to the Patent Office in which the first application was filed, not later than 14 months from the date of filing of the first application and submitted to the Federal Executive Body in the field of intellectual property within two months from the date of its receipt by the applicant. Furnishing of a translation of the first application in the Russian language, if it is in another language, you may be required by the Federal Executive Body in the field of intellectual property, the applicant only if verification of the validity of the priority claim is connected with the establishment of the patentability of the claimed invention. (Supplemented by federal law from 07.02.2003 N 22-FZ)
3. Priority can be set by the date of receipt of additional materials if they applicant as independent application which is filed before the expiration of a period of three months from the date of receipt of the notification by the claimant of a federal body of executive power on intellectual property that it is impossible to take into account the additional materials in connection with the recognition of their changing the essence of the declared decision and provided that on the date of filing of such independent application application containing such additional material, not withdrawn and not recognized as withdrawn. (As amended by federal law from 07.02.2003 N 22-FZ)

4. priority of invention, utility model or industrial design may be set according to the date of submitting the same claimant in the Federal Executive Body in the field of intellectual property an earlier application disclosing these invention, utility model or industrial design, not withdrawn and not recognized as withdrawn on the filing date of the application on which priority is claimed, if the application is filed not later than 12 months from the filing date of an earlier application for invention and six months from the date of filing of the earlier application for a utility model or industrial sample. When applying, on which such a priority is claimed, the earlier application shall be recognized as withdrawn. (As amended by federal law from 07.02.2003 N 22-FZ)
(The paragraph excluded the Federal law from 07.02.2003 N 22-FZ), Priority may be established according to the date of filing of the application, which has already requested an earlier priority. (As amended by federal law from 07.02.2003 N 22-FZ)
5. The priority of an invention, utility model or industrial design for the selected application is established on the date of filing the same claimant in the Federal Executive Body in the field of intellectual property of the initial application disclosing these invention, utility model or industrial design, and if you have the right to establish an early priority for the initial application — according to the date of priority, if on the date of filing of a divisional application initial application for invention , utility model or industrial design is not revoked and has not recognized as withdrawn and filing of a divisional application implemented before exhausted envisaged by this law the possibility of filing an objection to the decision to refuse to grant a patent on the original application, either prior to the date of registration of an invention, utility model or industrial design in accordance with article 26 of this law, in the case of adoption for the initial application of the decision to grant a patent. (As amended by federal law from 07.02.2003 N 22-FZ)
6. priority of invention, utility model or industrial design may be established based on several earlier applications or additional materials to them in compliance with the conditions referred to in paragraphs 2, 3, 4 and 5 of this article. (Supplemented by federal law from 07.02.2003 N 22-FZ)
7. If in the course of examination found that different applicants filed applications for identical inventions, utility models or industrial designs and such requests have the same priority date, a patent for invention, utility model or industrial design may be issued only by one such person requests defined by agreement between the claimants. If such applications filed by the same claimant, a patent is granted on the application chosen by the applicant.
Within twelve months from the date of receipt of the relevant notification applicants should report on the progress made by them to the agreement, and the applicant must announce their choice. When issuing a patent for one of the applications all authors listed in the applications recognized co-authors for identical inventions, utility models or industrial designs. If, within the prescribed period to the Federal Executive Body in the field of intellectual property (the complainant) is not received by the specified message or a request for an extension of the deadline in the manner prescribed by paragraph 8 of article 21 of this law, are recognized as withdrawn.
If the priority date of an invention and a utility model on him identical applications of the same applicant after the grant of a patent on one such patent applications in another application is only possible if filing with the Federal Executive Body in the field of intellectual property statement previously issued patent holder on the termination of the patent in respect of the identical invention or utility model identical. Effect of earlier granted patent in respect of the identical invention or utility model identical shall cease as from the date of publication of the grant of a patent for a different application in accordance with article 25 of this law. The publication of the granted patent for the application for an invention or utility model and the publication of information about termination of the previously granted patent in respect of the identical invention or utility model identical go hand in hand.
(Paragraph as amended by federal law from 07.02.2003 N 22-FZ), Article 20. Changes to the documents application for invention, utility model or industrial design 1. The applicant has the right to amend the documents application for invention, utility model or industrial design corrections and clarifications without changing the essence of the claimed invention, utility model or industrial design before the adoption of the decision on the application for the grant of a patent for invention, utility model or industrial design or a decision to refuse the grant of a patent.

Additional materials change the essence of the claimed invention or utility model if they contain indications to be included in the formula of the invention or utility model and not on the filing date of the application in the description, as well as in the formula of an invention or a utility model if the application on the filing date contained claims or of a utility model.
Additional materials change the essence of the claimed industrial design if they contain indications to be included in the list of essential features of the industrial design and the missing at the filing date on the images of the product.
2. change of the applicant when patent rights transfer, or as a result of a change in its name, as well as correction of obvious clerical errors in the documents and applications can be made prior to the date of registration of an invention, utility model or industrial design in accordance with article 26 of this law.
3. If the application documents changes made on the initiative of the applicant within two months from the date of filing of the application, the patent fee for such changes is not charged.
4. Changes made by the applicant in the application documents are included in the publication of information on an application for an invention if such changes are represented in the Federal Executive Body in the field of intellectual property within 12 months from the filing date.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ), Article 21. Examination of an application for an invention 1. On an application for an invention made in the Federal Executive Body in the field of intellectual property, formal examination is conducted, in which the presence of documents envisaged by paragraph 2 of article 16 of this law, and compliance to them.
2. In case if the applicant submitted additional material to the application for an invention, in accordance with article 20 of this law, it shall be verified whether or not they change the essence of the claimed invention.
Additional materials in part, changing the essence of the claimed invention, when considering an application for an invention shall not be taken into account and may be decorated by the applicant as a separate application, the applicant shall be notified about anything.
3. The positive result of the formal examination and the date of filing of the application for the invention, the applicant shall be notified immediately after the completion of the formal examination.
4. On an application for an invention, designed in compliance with the requirements of its documents, the claimant is sent a request with a proposal within two months from the date of its receipt to submit the corrected or missing documents. If the applicant, within the prescribed time limit does not submit the requested documents or request for extension of the time limit, the application shall be recognized as withdrawn. The prescribed time limit may be extended by the Federal Executive Body in the field of intellectual property for no more than ten months from the date of its expiry.
5. On an application for an invention filed in violation of the requirement of unity of invention, the applicant is invited, within two months from the date of receipt of the relevant notification to indicate which of the claimed inventions must be reviewed, and if necessary make changes in the application documents. Other claimed in that application of the invention can be allocated to applications. If the applicant has not notified within the prescribed time-limit, which of the claimed inventions must be considered, and will not submit relevant documents, if any, is considered an invention specified in the formula first.
6. the Federal Executive Body in the field of intellectual property at the expiration of eighteen months from the filing date of the invention, held formal examination with a positive result, publish in their official Gazette information on an application for an invention, unless before the expiration of twelve months from the date of the filing of such an application, it was withdrawn or recalled or recognized based on registration of invention took place in accordance with article 26 of this law. List of the published particulars shall be determined by the Federal Executive Body in the field of intellectual property.
Any person after publication of the application for an invention shall have the right to become acquainted with its documents, if the application is not withdrawn and not recognized as withdrawn on the date of publication of the information about it. In the case of publication of information on an application for an invention, which at the date of publication was withdrawn or recognized as withdrawn, such information is not included in the prior art with respect to subsequent applications of the same applicant, filed with the Federal Executive Body in the field of intellectual property before the expiry of twelve months from the date of publication of the application for the invention. The procedure of consultation application shall be established by the Federal Executive Body in the field of intellectual property.

At the request of the applicant submitted before the expiry of twelve months from the date of filing, the Federal Executive Body in the field of intellectual property may publish information on an application for an invention prior to the expiration of eighteen months from the date of its filing.
Author of invention has the right to refuse to be mentioned as such in the published information about the application for the invention.
7. At the request of the applicant or a third party, which may be filed with the Federal Executive Body in the field of intellectual property within three years from the filing date of the invention, and, subject to completion of formal examination with a positive result of the examination is being conducted on the substance of the application for an invention. Petitions received by third parties, the applicant shall be notified by the Federal Executive Body in the field of intellectual property.
The deadline for the filing of an application for examination of the application for the invention on the merits may be extended by the Federal Executive Body in the field of intellectual property for more than two months at the request of the applicant submitted before the expiration of three years from the filing date of the invention, subject to the submission of such application together with the document proving the payment of the prescribed patent fee.
If the request for examination on the merits of the application for an invention would not be filed within the prescribed time limit, the application shall be recognized as withdrawn.
Examination of an application for an invention essentially includes information with respect to the claimed invention to determine the level of equipment and a check of conformity to the claimed invention the patentability criteria established by article 4 of this law.
Following the expiration of six months from the date of examination of the application for the invention on the merits of the claimant is sent a report on information retrieval, if on such an application is not claimed the priority of an earlier filing date, and request for examination on the merits of the application for an invention filed with the application.
Time the applicant report on information retrieval may be extended by the Federal Executive Body in the field of intellectual property, identified the need for a query in other organizations as a source of information that is not in the funds of the federal body of executive power in the field of intellectual property, or the invention described in a way that makes it impossible to conduct information retrieval in the prescribed manner, as the applicant will be notified.
Information search in respect of the claimed invention related to the objects set out in paragraphs 2 and 3 of article 4 of this law, as the complainant is notified before the expiry of six months from the date of examination of the application for the invention on the merits.
The procedure of conducting information search and provide a report by the Federal Executive Body in the field of intellectual property.
8. In the process of examining an application for an invention is essentially the applicant may be requested additional materials (including amended claims), without which examination is impossible. Additional materials on request examination should be submitted without changing the essence of the invention within a period of two months from the date of receipt of the request by the applicant or copies of materials opposing the application, provided that the copies were requested by the applicant within one month from the date of receipt of his request examination. If the applicant, within the prescribed time limit does not submit requested materials or request for extension of the time limit, the application shall be recognized as withdrawn. The deadline for submission of materials requested by the applicant may be extended by the Federal Executive Body in the field of intellectual property for no more than ten months from the date of its expiry and subject to confirmation of good reasons the impossibility of deadline may be extended by the Federal Executive Body in the field of intellectual property for more than ten months from the date of its expiry.
If in the process of examining an application for an invention essentially found that the claimed invention is expressed by the formula proposed by the applicant meets the conditions of patentability, the decision to grant a patent on an invention with this formula that specifies the priority date of the invention.
If in the process of examining an application for an invention essentially found a discrepancy of a claimed invention, explicit formula proposed by the applicant, the conditions of patentability, the decision on refusal to grant the patent.
Before a decision is taken, the applicant shall be given notice of the results of checking the patentability of the claimed invention, inviting them to submit their arguments for the explanation of it. The applicant's arguments are taken into account when deciding on the results of the examination of the application on the merits, if they are submitted within six months from the date of dispatch of the notification.

9. In case of disagreement with the decision to refuse to grant a patent on an invention, the decision to grant a patent for an invention or a decision on the recognition of the application have been withdrawn, the applicant may submit an objection to the patent disputes Chamber of the federal body of executive power in the field of intellectual property (hereinafter referred to as the Chamber of patent disputes) within six months from the date of receipt of the decision or request the federal body of executive power on intellectual property of copies opposing the application and identified in the decision on the refusal to grant a patent, subject to request these copies within two months from the date of receipt by the applicant of the decision taken on the application for the invention.
The procedure for filing objections to the Chamber of patent disputes and proceedings shall be established by the Federal Executive Body in the field of intellectual property.
The decision of the Chamber of patent disputes shall be approved by the head of the federal body of executive power on intellectual property shall take effect from the date of approval and may be appealed in court.
10. The applicant and the third party has the right to apply for the application for the invention held formal examination with a positive result, information search to determine the prior art, in comparison with which will be implemented by the score of novelty and inventive step of the claimed invention. The procedure and conditions of such an information search and provide information on its outcome shall be established by the Federal Executive Body in the field of intellectual property.
11. The applicant has the right to examine all the materials referred to in the request for examination, examination or report on information retrieval. Copies requested by the applicant in the Federal Executive authority for intellectual property patent documents are forwarded to the applicant within one month from the date of receipt of the request of the applicant.
12. the applicant Missed the deadline for the submission of documents or additional materials on request examination, the deadline for the filing of an application for examination of the application for the invention on the merits and the deadline for filing objections to the Chamber of patent disputes can be restored by the Federal Executive Body in the field of intellectual property, subject to confirmation of valid reasons for non-compliance with these terms and payment of the patent fee.
An application for renewal of a missed period can be filed by the applicant, not later than twelve months from the date of the deadline. Such a motion is filed to the Federal Executive Body in the field of intellectual property at the same time with the requested documents or additional materials or request for extension of time to file those documents or materials, petition for examination of an application for an invention, or at the same time objecting to the Chamber of patent disputes.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ), Article 22. Temporary legal protection 1. The declared invention from the date of publication of the information on the application prior to the date of publication of information on the grant of a patent shall be granted temporary legal protection in volume published formulas, but not more than the amount determined by the formula contained in the decision on the grant of a patent for an invention. (As amended by federal law from 07.02.2003 N 22-FZ)
2. Provisional legal protection is considered to be nenastupivshej, if a patent application has been withdrawn or recognized as withdrawn or on an application for an invention made a decision to refuse to grant a patent and provided for by this Act is exhausted the possibility of filing an objection against this decision. (As amended by federal law from 07.02.2003 N 22-FZ)
3. A natural or legal person who uses the invention during the period referred to in paragraph 1 of this article, after receiving a patent the patent holder pays the financial compensation. The amount of compensation shall be determined by agreement of the parties.
4. the provisions of paragraph 3 of this article shall apply to inventions, utility models and industrial designs from the date of notification by the applicant uses their faces on the filed application for the grant of a patent, if in respect of inventions that date occurred before the date of publication of the application and, in the case of utility models and industrial designs-before the date of publication of the grant of a patent.
Article 23. Examination of utility model applications 1. On an application for a utility model provided in the Federal Executive Body in the field of intellectual property, the examination is being conducted, in which the presence of documents envisaged by paragraph 2 of article 17 of this law, observance of the established requirements and no violation of the requirement of unity of the utility model, and also addresses the question of whether the claimed solution to protected as a utility model. Verification of compliance of the claimed utility model patentability criteria established by paragraph 1 of article 5 of this law is not being implemented.

During the examination of the application for utility model shall apply accordingly to the provisions of paragraphs 2, 4, 5, 9, 11 and 12 of article 21 of this law.
2. If as a result of the examination found that the utility model application is filed in a technical solution, protected as a utility model, and application documents are decorated with compliance, decision on the grant of a patent, stating the filing date of the utility model and established priority. If the utility model in the formula proposed by the applicant contained indications that did not exist at the date of filing of the application in the description and, if the application is for a utility model on the date of its filing contained a formula in the formula of a utility model, the applicant is contacted with the proposal to delete these signs from the formula.
If, as the result of examination it is found that an application for a utility model filed a decision neohranjaemoe as a useful model, the decision on refusal to grant patent for utility model.
3. The applicant and the third party has the right to apply for an information search in respect of the claimed utility model to determine the level of technology, compared to which can be accessed score patentability of utility models. The procedure and conditions of information retrieval and provide information on its outcome shall be established by the Federal Executive Body in the field of intellectual property.
4. When considering the application for utility model found that the information contained therein constitute State secrets, confidential claims documents in accordance with the legislation on State secrets. In so doing, the applicant is informed of the possibility of the withdrawal of an application for a utility model or converting it into an application for a secret invention. Consideration of such an application be suspended pending receipt of the relevant application by the applicant or to the unsealing of the bids.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) Article 24. Examination of applications for industrial designs 1. On an application for an industrial design, provided the Federal Executive Body in the field of intellectual property, held formal examination, in which the presence of documents envisaged by paragraph 2 of article 18 of this law, and compliance with it, and if so, formal examination of an application for an industrial design on the merits, which includes verification of the compliance of the claimed industrial design meet the patentability criteria established by article 6 of this law.
2. during the formal examination and examination of the application for an industrial design shall apply accordingly in substance the provisions of paragraphs 2, 3, 4, 5, 8, 9, 11 and 12 of article 21 of this law.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ), Article 25. The publication of the granted patent, the federal body of executive power on intellectual property shall publish in its official bulletin of the patent grant information, including the name of the author (s), if not refused to be referred to as such (), and the patent holder, the name and formula of invention or of a utility model or a list of essential features of the industrial design and its image. A full list of the published particulars shall be determined by the Federal Executive Body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ) After publication of the grant of a patent for invention, utility model or industrial design, any person has the right to examine the documents of the application and report on information retrieval. Order familiarize themselves with documents of the application and report on information retrieval is set by the Federal Executive Body in the field of intellectual property. (Amended by federal law from 07.02.2003 N 22-FZ) Article 26. Registration of invention, utility model or industrial design and the grant of a patent 1. The Federal Executive authority on intellectual property contributes to the State Register of inventions of the Russian Federation State Register of utility models of the Russian Federation or the State Register of industrial designs, the Russian Federation (hereinafter registers) invention, utility model or industrial design and issue a patent for an invention, utility model or industrial design. (As amended by federal law from 07.02.2003 N 22-FZ) if there are several persons in whose name the patent is requested, they shall be issued one patent.
Registration of invention, utility model or industrial design and the grant of a patent shall be subject to payment of the corresponding patent fee. In the event of non-submission in accordance with the established procedure, document confirming payment of the patent fee, register an invention, utility model or industrial design and the grant of a patent have not been implemented, and the corresponding application shall be recognized as withdrawn. (Supplemented by federal law from 07.02.2003 N 22-FZ)

2. The form and composition of the patent referred to in it sets federal executive body in the field of intellectual property. (As amended by federal law from 07.02.2003 N 22-FZ)
3. the Federal Executive Body in the field of intellectual property makes the technical and rectification of obvious mistakes in the issued patent for invention, utility model or industrial design and (or) the appropriate registry. (As amended by federal law from 07.02.2003 N 22-FZ)
4. the Federal Executive Body in the field of intellectual property shall publish in its official bulletin for information about any changes to the entries in the registers. (Supplemented by federal law from 07.02.2003 N 22-FZ), Article 27. Withdrawal of an application for invention, utility model or industrial design, the applicant may withdraw the application they filed for invention, utility model or industrial design registration no later than the date of the invention, utility model or industrial design in the appropriate register. (As amended by federal law from 07.02.2003 N 22-FZ) Article 28. Claims transformation Before publication of the application for the invention, but not later than the date of adoption of the decision on the grant of a patent for invention, the applicant may convert it into a utility model application by filing a relevant statement, unless the application accompanied by a declaration under paragraph 3 of article 13 of this law. Conversion of an application for a utility model application for the invention of possible prior to the date of adoption of the decision on the grant of a patent, and in the event of a decision to refuse to grant a patent before exhausted envisaged by this law the possibility of filing an objection against this decision.
When these conversions retained the priority of an invention or utility model, and the date of filing of the application.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) r and w d e l VI termination and RESTORATION of the VALIDITY of the PATENT (the name of the section as amended by federal law from 07.02.2003 N 22-FZ), Article 29. Invalidation of a patent for invention, utility model or industrial design 1. Patent for invention, utility model or industrial design throughout its validity may be annulled in whole or in part, in the case of: 1) inconsistencies patented invention, utility model or industrial design meet the patentability criteria established by this law;
2) presence in the formula of an invention or a utility model or the list of essential features of the industrial design contained in the decision on the grant of a patent, signs, absent at the date of filing of the application in the description of the invention or utility model and the formula of the invention or utility model, if the application on the filing date contained a formula or product images;
3) the grant of a patent, if there are multiple applications for identical inventions, utility models or industrial designs, having the same priority date, in violation of the conditions specified in paragraph 7 of article 19 of this law;
4) the grant of a patent, specifying as an author or a person other than the patentee in accordance with this law, or without a patent or the patentee as author of a person who is established in accordance with this law.
2. An objection to the grant of a patent on the grounds provided for in subparagraphs 1-3 of paragraph 1 of this article, served in the Chamber of patent disputes.
The procedure for filing objections to the grant of the patent in the patent disputes Chamber and the procedure for their consideration establishes the Federal Executive Body in the field of intellectual property.
The decision of the Chamber of patent disputes shall be approved by the head of the federal body of executive power on intellectual property shall take effect from the date of approval and may be appealed in court.
3. patent on an invention, utility model or industrial design is declared invalid in whole or in part on the basis of a decision taken by objections, submitted in accordance with paragraph 2 of this article, or court decision that has entered into force, including the Court's decision, adopted on the occasion of the consideration of the dispute on the basis specified in subparagraph 4 of paragraph 1 of this article.
Recognized as invalid either fully or partially the patent for invention, utility model or industrial design shall be cancelled. In the case of recognition of a patent invalid in part is granted a new patent.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) Article 30. Early termination of patent for invention, utility model or industrial design validity of a patent for invention, utility model or industrial design shall expire prematurely: on the basis of an application filed by the patent owner to the Federal Executive Body in the field of intellectual property, from the date of receipt of the application. If a patent is granted for a group of inventions, utility models or industrial designs and the request filed by the patent owner does not cover the whole group the patent validity shall only be terminated with respect to specified in the statement of the invention, utility model or industrial design;

in the event of failure to pay the annual maintenance patent fee for invention, utility model or industrial design in force-from the date of expiration of the time limit for payment of the annual maintenance patent fee.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ) of Article 30-1. Restoration of the validity of the patent for invention, utility model or industrial design.
Subsequent user right 1. Validity of a patent for invention, utility model or industrial design, which was discontinued due to the fact that the patent maintenance fee patent was not paid within the prescribed time limit, it may be restored on request of the person who owned the patent for invention, utility model or industrial design. Such petition shall be filed with the Federal Executive Body in the field of intellectual property within three years from the date of expiry of the said payment of the patent fee, but before the expiry in accordance with this law, the patent term. The request shall be accompanied by a document certifying payment of a specific sum of the patent fee for restoration of the patent.
2. the Federal Executive Body in the field of intellectual property shall publish in its official bulletin for information about how to restore the validity of the patent for invention, utility model or industrial design.
3. Any person who, in the period between the date of termination of the patent for invention, utility model or industrial design and the date of publication in the Official Gazette of the Federal Executive Body in the field of intellectual property information on the restoration of a patent validity beginning use of the patented invention, utility model or industrial design or made within a specified period necessary to this preparation, reserves the right to further his gratuitous use without an increase in such use (subsequent user right).
(Article supplemented by federal law from 07.02.2003 N 22-FZ) SECTION VI-1 FEATURES of LEGAL PROTECTION of SECRET INVENTIONS (section augmented by federal law from 07.02.2003 N 22-FZ) of Article 30-2. Filing and processing of applications for grant of a patent for secret inventions 1. Application for the grant of a patent for a secret invention, for which the degree of secrecy "of particular importance" or "top secret", as well as secret inventions that relate to the mass of weapons and military equipment and to the methods and tools in the field of intelligence, counter-intelligence and operatively-search activity and for which the degree of secrecy "secret" are served according to their thematic accessories authorized by the Government of the Russian Federation, federal bodies of executive power (hereinafter referred to as competent authorities). Other applications for the grant of a patent for a secret invention served in the Federal Executive Body in the field of intellectual property.
2. If in the Federal Executive authority for intellectual property, an application for an invention, it is determined that the information contained therein constituted a State secret, the application for an invention is secret in the manner prescribed by the law on State secrets, and is considered to be an application for the grant of a patent for a secret invention.
Classification applications filed by foreign nationals or foreign legal persons shall not be permitted.
3. When considering applications for the grant of a patent for a secret invention (hereinafter referred to as the application for a secret invention) Accordingly, the provisions of article 21 of this law. While the publication of the application provided for by paragraph 6 of article 21 of this law.
An objection to a decision on the request for a secret invention by the notified body, seen in the manner established by that authority. The decision taken on such objection may be appealed in court.
4. in establishing the novelty of secret inventions in art are also subject to the earlier priority of secret inventions, patented in the Russian Federation, and secret inventions, which granted copyright certificates of the USSR, if the degree of secrecy is not higher than the degree of secrecy of inventions, novelty set.
5. Applications for secret inventions, the provisions of article 28 of this law on the transformation of an application for an invention in the application for utility model shall not apply.
6. Applications for secret inventions, consideration of these applications and their treatment are carried out in compliance with the requirements of the law on State secrets.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) of Article 30-3. Registration and grant of a patent for a secret invention. Dissemination of information about the secret invention

1. registration of a secret invention in the State Register of inventions of the Russian Federation and the grant of a patent for a secret invention shall be implemented by the Federal Executive Body in the field of intellectual property, or if the decision on the grant of a patent for a secret invention accepted by the notified body, that body. Authorized body that logged a secret invention and issued a patent for a secret invention shall notify the Federal Executive Body in the field of intellectual property.
The Federal Executive Body in the field of intellectual property, make a rectification of obvious and clerical errors in the issued patent for a secret invention they and (or) register.
2. Information about the applications and patents for secret inventions, as well as related to secret inventions changes in registries are not published. Transfer of information about such patents shall be carried out in accordance with the law on State secrets.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) of Article 30-4. Changing the degree of secrecy and declassification inventions 1. Changing the degree of secrecy and declassification of inventions, as well as modification and withdrawal of secrecy with the application documents and with a patent for a secret invention shall be implemented in accordance with the legislation on State secrets.
2. With increased secrecy of the invention of the Federal Executive Body in the field of intellectual property transfers documents application for a secret invention according to their thematic affiliation in appropriate authorized entity. Further consideration of the application, the processing of which to the point enhance secrecy is not completed by the Federal Executive Body in the field of intellectual property, is carried out by the notified body. With decreasing degree of secrecy of the invention further consideration of the application for a secret invention shall be carried out by the same notified body, which considered the application.
3. When disclosing the invention authorized entity passes its declassified documents of the application for a secret invention to the Federal Executive Body in the field of intellectual property. Further consideration of the application, the processing of which by the time of declassification is not completed by the authorized body, shall be carried out by the Federal Executive Body in the field of intellectual property.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) of Article 30-5. Invalidation of a patent for a secret invention of opposition to the grant of a patent by an authorized body for a secret invention on the grounds provided for in subparagraphs 1-3 of paragraph 1 of article 29 of this law, served in the authorized body and is treated by a procedure established by a statute. The decision of the authorized body, the decision on the objection, the alleged leader of this body, shall enter into force on the date of its approval and may be appealed in court.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) of Article 30-6. An exclusive right for a secret invention 1. Use of patented inventions, secret transfer of the exclusive right for a secret invention (an assignment of a patent) and granting the right to use secret inventions to others are carried out in compliance with the legislation on State secrets.
2. license agreement to use the patented invention secret must be registered with the authority that issued a patent for a secret invention, or its successor, and if there is no successor in the federal body of executive power in the field of intellectual property. Without the specified registration of license contract shall be null and void.
3. Application for an open license and of assignment of exclusive rights in an invention (assignment), provided for respectively in paragraphs 2 and 3 of article 13 of this law, cannot be filed against a secret invention. Filed in respect of that invention statements do not entail the consequences provided for specified items.
4. Compulsory License with respect to secret inventions stipulated by paragraphs 3 and 4 of article 10 of this law, are not granted.
5. Infringement of the exclusive right of the patentee to a secret invention in addition to the actions set out in article 11 of this law, does not recognize the use of the patented invention secret person who did not know and could not legally be aware of patent on this invention. After the unsealing of the invention or the patent holder a specified person notices on the existence of a patent for the invention specified person must discontinue the use of the patented invention or conclude license agreement with the patent, unless the right of prior use took place.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) r and w d e l VII PROTECTION of the RIGHTS of PATENT OWNERS and creators Article 31. Consideration of disputes in court

Judicially, the following controversy: on the authorship of an invention, utility model or industrial design;
on the establishment of the patentee;
about infringements of the exclusive right to the invention, utility model or industrial design;
on the conclusion and execution of agreements of assignment of exclusive rights (assignment agreements) and license contracts for the use of an invention, utility model or industrial design;
on the right of the prior user;
on the right of the subsequent user;
on the amount, terms and the scheme of payment of the remuneration to the author of the invention, utility model or industrial design in accordance with this law;
of the amount, terms and the compensations stipulated by this law;
other disputes relating to the protection of the rights certified by patent.
(Article in the Editorial Office of the Federal law dated 07.02.2003 N 22-FZ), Article 32. Liability for violation of this law for violation of this law occurs civil, administrative or criminal liability in accordance with the legislation of the Russian Federation. (As amended by federal law from 07.02.2003 N 22-FZ) r and w d e l VIII FINAL PROVISIONS Article 33. Patent fees for the performance of legal acts relating to a patent, patent fees are charged. List of acts for which the patent fees are levied, their sizes, order and terms of payment, as well as the grounds for exemption from the payment of fees, reducing their size or refund of duties shall be established by the Government of the Russian Federation. (As amended by federal law from 07.02.2003 N 22-FZ)
(Article 33 year 2001 suspended in part payment of the patent fees to the Patent Office-see Federal Law No. 150-FZ of 27.12.2000)
(Article 33 suspended from 01.01.2002 to 31.12.2002 in part payment of the patent fees to the Patent Office. Federal Law No. 194 out of the AML/CFT law) (article 33 suspended for 2003 year in part payment of the patent fees to the Patent Office-see Federal law of 24.12.2002 No. 176-FZ) Article 34. State incentives for the creation and use of inventions, utility models, industrial designs (as amended by federal law from 07.02.2003 N 22-FZ) the State shall promote the establishment and use of inventions, utility models, industrial designs, installs, authors and business entities, their uses, preferential terms on taxation and crediting, provides them with other benefits in accordance with the legislation of the Russian Federation. (As amended by federal law from 07.02.2003 N 22-FZ) Article 35. Patenting of inventions or utility models in foreign countries 1. The application for an invention or utility model created in the Russian Federation, may be lodged in foreign countries or international organizations following the expiration of six months from the date of filing of the relevant application with the Federal Executive Body in the field of intellectual property, within the specified period, the claimant will not be notified that the application contained information constituting a State secret. The application for an invention or utility model may be lodged earlier specified term, but after holding at the request of the applicant in the application, verify that the information constituting a State secret. Procedure for inspection of the contents of the application information that constitutes a State secret is established by the Government of the Russian Federation.
2. Patenting under the Patent Cooperation Treaty or the Eurasian Patent Convention of the invention or utility model created in the Russian Federation shall be allowed without first filing the relevant application with the Federal Executive Body in the field of intellectual property, if the application under the Patent Cooperation Treaty (the international application) filed with the Federal Executive Body in the field of intellectual property as receiving Office and indicated the Russian Federation as a State in which the applicant intends to obtain a patent, a Eurasian application filed through the Federal Executive Body in the field of intellectual property.
(As amended by federal law from 07.02.2003 N 22-FZ) Article 36. Rights of foreign natural and legal persons, foreign natural and legal persons shall enjoy the rights provided by this law, on the same footing as natural and legal persons of the Russian Federation by virtue of international treaties of the Russian Federation or on the basis of the principle of reciprocity.
Article 37. International treaties if an international treaty of the Russian Federation stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
Article 37-1. International and Eurasian applications, valid applications under this Act

1. the Federal Executive Body in the field of intellectual property international begins its consideration of the application for an invention or utility model, which is submitted in accordance with the Patent Cooperation Treaty, in which the Russian Federation is specified as the State in which the applicant intends to obtain a patent for invention or utility model, after thirty-one months from the date of the international application claimed priority or, if requested by the applicant prior to its expiry, provided that the international application is filed in Russian or by the applicant before the expiry of the current period is represented in the Federal Executive Body in the field of intellectual property translation into Russian language of the application for a patent for invention or utility model contained in an international application filed in another language.
Representation in the Federal Executive Body in the field of intellectual property translation into Russian language contained in the international application applications for a patent for invention or utility model may be replaced by submission of the statements established by this Act for the grant of a patent.
If these documents have not been submitted within the prescribed time limit, the international application in respect of the Russian Federation in accordance with the Patent Cooperation Treaty shall be discontinued.
The period prescribed in paragraph 3 of article 20 of this law for amending the application documents, is calculated from the date of the commencement of the Federal Executive Body in the field of intellectual property an international application in accordance with this law.
2. examination of the Eurasian application for an invention, which is in accordance with the Eurasian Patent Convention effect under this Act, an application for an invention that is carried out starting from the date when the Federal Executive Body in the field of intellectual property received from the Eurasian Patent Office a certified copy of the Eurasian application. The period prescribed in paragraph 3 of article 20 of this law for amending the application documents shall be calculated from the same date.
3. Publication in Russian of the international application by the International Bureau of the world intellectual property organization in accordance with the Patent Cooperation Treaty or the publication of the Eurasian application or Eurasian Patent Office in accordance with the Eurasian Patent Convention replaces the publication of the application provided for in article 21, paragraph 6 of the present law.
(Article supplemented by federal law from 07.02.2003 N 22-FZ) Article 37-2. Eurasian patent and patent of the Russian Federation at the identical invention if Eurasian patent and patent of the Russian Federation at the identical invention or identical invention and utility model having the same priority date, belong to different possible for patentees, such invention or invention and utility model can be used only with the observance of the rights of all their patent-holders.
If a Eurasian patent and patent of the Russian Federation at the identical invention or identical invention and utility model having the same priority date, are owned by the same person, that person may provide to any person the right to use such inventions or inventions and useful models in accordance with the license agreement, concluded on the basis of these patents.
(Article supplemented by federal law from 07.02.2003 N 22-FZ), the President of the Russian Federation, b. Yeltsin Moscow, Russia September 23, 1992 House Tips N 3517-I