Patent Law Of The Russian Federation

Original Language Title: Патентный закон Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overtaken by Federal Law from 18.12.2006 N 231-FZ A O N. Russian Federation's Patent Law (In the wording of federal laws dated 07.02.2003 N 22-FZ; of 02.02.2006 N 19-FZ P A E L I GENERAL PROVISIONS Article 1. The relationships governed by this Law This Law regulates relations arising from legal protection and use of inventions, useful models and industrial designs. (In the wording of Federal Law of 07.02.2003) N 22-FZ) Article 2. Federal Executive Body for Intellectual Property Implementation of State Policy on Legal The protection of inventions, utility models and industrial designs and the functions envisaged in this Act are entrusted to the federal executive body on intellectual property. The Federal organ of the executive branch on intellectual property in the cases provided for by this Law shall, in accordance with its competence, issue regulations on the application of this Law. (The article in the Federal Law of 07.02.2003) N 22-FZ) Article 3. Legal protection of inventions, utility model, industrial sample 1. The right to an invention, a useful model, an industrial master is protected by the law and is confirmed by a patent for invention, a patent on a useful model and a patent on an industrial sample. (In the wording of Federal Law of 07.02.2003) N 2F) 2. The patent verifies the priority, authorship of inventions, a useful model or industrial model, and the exclusive right to invention, useful model or industrial sample. (In the wording of Federal Law dated 07.02.2003 N 22-FZ) 3. The patent for invention is valid until the expiry of the twenty years from the date of submission of the application to the federal executive body on intellectual property. The term of the patent for inventions related to medicines, pesticide, or agrochemicals for which authorization is required in accordance with the procedure established by law is extended by the federal authorities The authority of the executive branch on intellectual property, at the request of the patent holder, for a period of time calculated from the date of application for the invention before the date of receipt of the first such permit for use, minus five years. At the same time, the term for which the patent for invention is renewed may not exceed five years. The application shall be filed within the period of validity of the patent prior to the expiration of six months from the date of such authorization or the date on which the patent is granted, whichever is later. A useful model is valid until the expiration of five years from the date of submission of the application to the federal executive branch of intellectual property. The patent for a useful model may be extended by the federal executive body on intellectual property at the request of the patent holder, but not for more than three years. The patent for the industrial specimen shall be valid until ten years from the date of submission of the application to the federal executive authority on intellectual property. The patent for an industrial master may be extended by the federal executive body on intellectual property at the request of the patent holder, but not for more than five years. The procedure for extending the term of the patent to an invention, a useful model or an industrial sample shall be established by the federal executive authority on intellectual property. In calculating inventions of this paragraph, the useful model, the industrial sample issued on the selected applications, the date of submission of the application is deemed to be the date of the initial application to the federal authority the executive branch of intellectual property. (Paragraph in the wording of Federal Law of 07.02.2003) N 22-FZ)4. The amount of legal protection granted by the patent for invention or useful model is determined by their formula. Description and drawings may be used to interpret the formula of the invention and the formula of the useful model. The scope of legal protection granted by a patent to an industrial sample is determined by the aggregate of its essential characteristics, as reflected in the product images and listed in the list of essential features of the industrial of the specimen. (Paragraph in the wording of Federal Law of 07.02.2003) N 22-FZ)5. The provisions of this Act apply to secret inventions (inventions containing information constituting a State secret), with details of their legal protection and use as set forth in section VI-1 of this Law. Legal protection under this Law is not provided to useful models and industrial designs containing state secrets. (Paragraph in the revision of the Federal Law of 07.02.2003 N22-FH) P D E L II CAPACITY CONDITIONS Article 4. The patentability of the invention 1. As an invention, a technical solution is protected in any area related to the product (such as a device, a substance, a strain of a microorganism, a plant culture or an animal cell) or a method of carrying out the material (...) (...) The invention is granted legal protection, if it is new, has an inventive step and industrial application. (In the wording of Federal Law of 07.02.2003) N 22-FZ) Invention is new if it is not known from the hardware level. Invention has an inventive layer if it is not explicitly required for a specialist from a hardware level. Technology level includes any information that has become public in the world before the invention priority date. In establishing the novelty of inventions to the level of technology also is included, given their earlier priority, all other applicants ' applications for inventions and useful models submitted in the Russian Federation class="ed">, whose documents are entitled to refer to any person in accordance with article 21, paragraph 6, or article 25, paragraph 2, of this Law, and the inventions and useful models patented in the Russian Federation. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) Invention is an industrial application if it can be used in industry, agriculture, health and other activities. It is not recognized as an obstacle to the recognition of the patentability of the invention, such disclosure of information relating to the invention, the author, the applicant, or any person who has received, directly or indirectly, this information, of which the details of the invention became public if the application for invention was submitted to the federal executive branch of the intellectual property within six months from the date of disclosure. However, the burden of proof is on the applicant. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) 2. Not considered to be inventions in the sense of the provisions of this Law, in particular: discoveries, and scientific theories and mathematical methods; solutions for the appearance of products only and directed at To satisfy the aesthetic needs; rules and methods of game, intellectual or economic activity; computer software; solutions that are only in the view Information. This paragraph eliminates the possibility of assigning the specified objects to inventions only if the patent application for the invention concerns the specified objects as such. (Paragraph in the wording of Federal Law of 07.02.2003) N 22-FZ)3. They are not recognized as patentable within the meaning of this Law: plants, animal breeds; integrated circuits; solutions contrary to the public interest, the principles of humanity, and Morality. (Paragraph in the wording of Federal Law of 07.02.2003) N 22-FZ) Article 5. The patentability of the useful model 1. The technical solution associated with the device is protected as a useful model. (In the wording of Federal Law of 07.02.2003) N 22-FZ) Useful model is recognized as appropriate for patentabilityif it is new and industrialized. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) The Useful Model is new if the total of its essential features are not known from the technique. The level of equipment includes publicly available information about the means of the same purpose published in the world, as well as information on their application in the Russian Federation. Technology also is included, provided that all other applicants ' applications for inventions and useful models in the Russian Federation are given early priority Any person, in accordance with article 21, paragraph 6, or part two of article 25 of this Law, and the inventions and useful models patented in the Russian Federation. (In the wording of Federal Law of 07.02.2003) N 22-FZ) A useful model is an industrial application if it can be used in industry, agriculture, health and other activities. It is not recognized as an obstacle to the recognition of the patentability of the useful model, such disclosure of information relevant to the useful model, the author, the applicant, or any person who has received, directly or indirectly, this information, in which the details of the useful model became publicly available if the application for a useful model is submitted to the federal executive branch of the intellectual property within six months from the date of disclosure Information. However, the burden of proof is on the applicant. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) 2. Legal security is not provided as useful models: solutions only to the appearance of products and to address aesthetic needs; integral topologies Microsystems; solutions that run counter to the public interest, the principles of humanity and morality. (Paragraph in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 6. The condition of the patentability of the industrial sample 1. The industrial design is protected by the design of an industrial or craft-craft product that defines its appearance. (In the wording of Federal Law of 07.02.2003) N 22-FZ)Industrial specimen is provided with legal protection if it is new and original. (In the wording of Federal Law of 07.02.2003) N 22-FZ) The industrial sample is recognized as new if the body of its essential features are found in the product images and listed material of the industrial of the sample, is not known from information that has become public in the world before the date of the industrial master's priority. (In the wording of Federal Law of 07.02.2003) N 22-FZ) When establishing the novelty of the industrial sample also , all other applicants for industrial designs submitted in the Russian Federation are taken into account class="ed">, whose documents are entitled to refer to any person in accordance with article 25, paragraph 2, of this Law and the industrial designs patented in the Russian Federation. (In the wording of Federal Law of 07.02.2003) N 22-FH) The industrial sample is considered original if its essential features lead to the creative nature of the product. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) Essential characteristics of an industrial pattern include aesthetic and (or) ergonomic features of the appearance of the product, in particular form, configuration, ornament and combination colors. (In the wording of Federal Law of 07.02.2003) N 22-FZ) It is not recognized as an impediment to the recognition of the patentability of the industrial sample, such disclosure of information relating to the industrial sample, the author, the applicant or any person who received them directly or indirectly, this information, in which the details of an industrial core became publicly available if an application for an industrial sample is submitted to the Federal Executive of the Intellectual Property Authority Not later than six months from the date of disclosure. However, the burden of proof is on the applicant. (In the wording of the Federal Law of 07.02.2003) N 22-FZ) 2. Not recognized by patentable industrial designs of the solution: purely technical function; architectural objects (other than small architectural forms), industrial, hydro and others fixed structures; (paragraph deleted-Federal Law of 07.02.2003 N 22-FZ ) unstable form objects from liquid, gaseous, rash or similar substances; products contrary to the public interest, principles of humanity and morality. R A D E L III AUTORS AND PATENTOOLATELI Article 7. The author of the invention, the useful model, of the industrial sample 1. The author of the invention, the useful model, the industrial sample is recognized as the natural person whose creative work they are created. 2. If several individuals are involved in the creation of an invention, useful model or industrial sample, all of them are considered to be its authors. The procedure for the exercise of the rights of the authors is governed by an agreement between them. (In the wording of Federal Law of 07.02.2003) N 22-FZ Not recognized by the authors of natural persons who did not make a personal creative contribution to the creation of an invention, useful model or industrial model, which rendered the author (s) only technical, Organizational or material assistance, or only contributing to the registration and use of the rights. (In the wording of Federal Law of 07.02.2003) N 22-F) 3. The right of authorship is an inalienable personal right and is protected indefinitely. Article 8: Patent holder 1. The patent is issued to: author of the invention, useful model or industrial model; employer in the cases provided for in paragraph 2 of this article; successors to the persons concerned. 2. The right to obtain a patent for invention, a useful model or industrial model created by an employee (author) in connection with the performance of his or her work duties or a specific employer's job (an inventions, utility model, A service industrial sample) belongs to the employer if the contract between him and the employee (the author) is not otherwise provided for. In the case of an employer within four months from the date of the notification by the employee (author) of his or her result, which is capable of legal protection as an invention, useful model or industrial model, he will not apply for to issue a patent on these inventions, a useful model or an industrial sample to the federal executive branch of intellectual property, will not transfer the right to receive a patent for a service invention, a utility model, or service industrial sample to another person and does not inform the employee (s) about keeping the information on the result in secret, the right to obtain a patent for such inventions, a useful model or an industrial sample belongs to the employee (the author). In this case, the employer is entitled to the use of an inventions, a service utility model, an industrial service model in his own production, and the payment of compensation to the patent holder, determined by the employer during the period of validity of the patent. on the basis of a treaty. In case an employer receives a patent for an inventions, a utility model or an industrial production model, or decides to retain information about such inventions, a useful model or an industrial model in Secrecy, or transfer the right to a patent to another person, or will not receive a patent on his or her application for reasons, an employee who is not entitled to a patent for such inventions, a useful model, or The industrial master is entitled to remuneration. The amount of remuneration and the manner in which it is paid is determined by the contract between the employee (the author) and the employer. In the event of a failure between the parties to the agreement on the terms of the contract, within three months after one of the parties has made the other party's proposal in writing on these terms, the dispute on remuneration may be resolved in the courts. Order. The Government of the Russian Federation has the right to set minimum rates of remuneration for service inventions, utility models, industrial designs. Federal Law of 07.02.2003 N 22-FZ) Article 9. (Deleted-Federal Law of 07.02.2003 N 22-FZ) Article 9-1. The right to receive a patent for invention, useful model or industrial sample created when you run state or municipal contract on performing work for state or municipal needs 1. The right to receive a patent for invention, a useful model or industrial sample created in the performance of a State or municipal contract belongs to the contractor (s) if the public or municipal contract In the performance of work for state or municipal needs, it is not established that this right belongs to the Russian Federation, to the constituent entity of the Russian Federation or to the municipal entity on whose behalf the State or municipal entity is acting. a customer. If, under a state or municipal contract, the right to a patent belongs to the Russian Federation, to the constituent entity of the Russian Federation or to municipal education, state or municipal A customer within six months from the time of his or her notification in writing by the contractor (s) to obtain a result capable of providing legal protection as an invention, a useful model or an industrial model, may apply for extradition Patent. In the event that the State or municipal employer does not apply for a specified period of time, the right to a patent is entitled to the perpetrator (s). 2. In the event that a patent for an invention, a useful model or an industrial sample created in the performance of work on a State or municipal contract, in accordance with paragraph 1 of this article is not received by the Russian Federation, not by the subject The Russian Federation or non-municipal entity, the patent holder at the request of the State or municipal customer is obliged to grant the specified person or persons a non-exclusive grant for the use of the data Inventions, useful models or industrial designs for the purpose of carrying out the work or the supply of products for public or municipal needs. 3. The author of an invention, a useful model or an industrial model other than a patent holder is paid by the person who has received a patent in accordance with paragraph 1 of this article. The relevant provisions of article 8, paragraph 2, of this Law shall apply to payment of remuneration. If a non-exclusive grant is granted in the manner provided for in paragraph 2 of this article, the remuneration shall be paid by the State or municipal employer upon request of which license. Remuneration is paid out of funds allocated to the state or municipal customer to perform work on a state or municipal contract. Act of 07.02.2003 N 22-FZ; in the wording of Federal Law of 02.02.2006. N 19-F) SECTION IV EXCLUSIVE RIGHT TO PUBLICITY MODEL, INDUSTRIAL MODEL (Title of section in Federal Law of 07.02.2003 N 22-FZ) Article 10. Rights and duties of the patent holder 1. Patentee belongs to the exclusive right to invention, a useful model or an industrial sample. No one shall be entitled to use a patented invention, a useful model or an industrial sample without the permission of the patent holder, including the following, except where such acts are permitted under this Act is not a violation of the exclusive right of the patent holder: Import into the Russian Federation, manufacture, use, offer for sale, sale, other introduction to civil turnover or storage for these aims of the product, which uses patented products Invention, useful model, or articles using a patented industrial specimen; performing the actions referred to in the second paragraph of this paragraph with respect to the product directly patented by. However, if the product obtained in a patented way is a new one, the identical product is considered to be obtained by using a patented method if there is no evidence to the contrary; paragraph 2 of this paragraph, with respect to the device where the operation (operation) of which is automatically performed by means of the patented method; implementation of the method in which the use is made a patented invention. The procedure for the use of inventions, a useful model or an industrial model, if a patent for an invention, a useful model or an industrial sample belongs to several persons, is determined by the treaty between them. In the absence of such a treaty, each patentee may use patented inventions, a useful model or an industrial sample at his discretion, but shall not be entitled to grant a licence or to transfer the exclusive right (conceded) Patent) to another person without the consent of the other patent holders. . 07.02.2003 N 22-FZ)2. The patented invention or useful model is recognized as used in the product or method, if the product contains, and in the way, each indicator of inventions or a useful model in the independent paragraph of the invention formula, or A useful model, or a sign that is equivalent to him and has become known as such in this area of technology before performing the actions referred to in paragraph 1 of this article in respect of a product or method. A patented industrial master is recognized as used in the article if such a product contains all the essential features of an industrial pattern, as reflected in the product images and the essential features of the product Industry. If, when using patented inventions or a useful model, all the features in the independent clause of the formula of other patented inventions or useful model are also used, and when used of the patented industrial sample-all the indications given in the list of essential signs of another patented industrial sample, other patented inventions, a useful model, an industrial sample is also recognized Used. (Paragraph in the Federal Law of 07.02.2003 N 22-FZ) (Para. N 22-FZ) 3. If patented invention or industrial sample is not used or not sufficiently used by the patent holder and the persons transferred to them, within four years from the date of issue of the patent, and the patented useful model within three years from the date of the issue of the patent, which leads to a lack of supply of the relevant goods or services in the commodity market or market of services, any person willing and able to use the patented invention, useful model or industrial model, if the patent holder refuses to enter into an opinion with this person The licence contract, under conditions consistent with established practice, has the right to apply to the court with a claim to the patent holder for the granting of a non-exclusive licence to use in the territory of the Russian Federation such a licence. Inventions, utility models or industrial designs, specifying the conditions for granting such a licence, including the amount of use, size, order and timing of payments. In the event that the patent holder fails to prove that the inuse or underutilization of the invention, the useful model or the industrial sample is justified, the court shall decide to grant the said licence the conditions for its provision. The total amount of payments must be set at no lower than the price of the licence normally determined in comparable circumstances. A non-exclusive license may be terminated by a court in accordance with the claim of the patent holder, if the circumstances that led to the granting of such a licence would cease and their existence is unlikely. In this case, the court shall fix the period and manner of termination of the use of a person who has been granted a non-exclusive licence in connection with the obtaining of such a license. (Paragraph in the revision of the Federal Law of 07.02.2003 N 22-FZ)4. In the event that the patent holder cannot use the invention to which he is entitled, without violating the rights of the holder of another patent for invention or a useful model that has refused to conclude the licence agreement, In accordance with established practice, the patent holder has the right to sue the holder of another patent for a non-exclusive use licence in the territory of the Russian Federation. Inventions or a useful model of the holder of another patent, pointing to the the requirements of the conditions for granting such a licence, including the amount of use, size, order and timing of payments, if the invention to which it is exclusive is an important technical achievement which has significant economic advantages before an invention or a useful model of the holder of another patent. When granted in accordance with a court decision of the specified licence, the total amount of the payments must be set at no lower than the price of the licence normally determined in comparable circumstances. In the event of the granting of a non-exclusive licence under this paragraph, the holder of the patent for the invention or utility of which the right to use is granted under the licence is also entitled to obtaining a non-exclusive license to use an invention for which a compulsory non-exclusive license was issued, on terms consistent with established practice. (Paragraph in revision Federal Act dated 07.02.2003 N 22-FZ)5. The patent holder may transfer the exclusive right of invention, useful model, industrial model (cpatent) to any natural or legal person. The transfer of exclusive right (assignment of a patent) is subject to registration in the federal executive branch of intellectual property and shall not be deemed null and void. (In the wording of Federal Law of 07.02.2003) N 22-FZ 6. A patent for an invention, a useful model, an industrial model, and the right to receive it are inherited. Article 11: Actions that are not recognized as a violation exclusive rights of the patent holder Not recognized as a violation of the patentee's exclusive right: class="ed">a product that uses patented inventions, a useful model, or a product that uses a patented industrial sample, in design, support equipment, or in use Foreign States (water, for air, road and rail transport and space technology), provided that these vehicles are temporarily or accidentally located in the territory of the Russian Federation and the specified product or article is used exclusively for the needs of the vehicle. This action is not recognized as a violation of the exclusive right of the patent holder to vehicles of foreign States which grant the same rights to vehicles registered in the Russian Federation; conducting a scientific product study, a method that uses patented invention, a useful model, or a product that uses a patented industrial sample, or an experiment on this product, in a way or product; patented Inventions, utility models or industrial models in case of emergency (natural disasters, catastrophes, accidents) with the notification of the patent holder as soon as possible and subsequent payment of proportionate compensation; The use of patented inventions, a useful model or an industrial model to satisfy personal, family, household or other non-business needs if the purpose of such use is not to obtain Profit (income); one-off production in pharmacies Medical doctors using a patented invention; importation into the territory of the Russian Federation, application, offer for sale, sale, other introduction to civil turnover or storage for these purposes of the product, in which uses patented inventions, a useful model, or a product that uses a patented industrial master, if these products or articles were previously entered into the Russian Federation's territory The patent holder or other person with the permission of the patent holder. (The article in the Federal Law of 07.02.2003) N 22-FZ) Article 12. The right of the premature use Any natural or legal person who, prior to the date of the priority of inventions, a useful model, used in good faith in the territory of the Russian Federation, created independently of its author an identical solution, or have made the necessary preparations, reserves the right to continue its free use without extending the scope of such use. (In the wording of the Federal Act, 07.02.2003 N 22-FZ) The right of use may be transferred to another physical or legal person only in conjunction with the production at which the same decision was used or necessary Cooking. Article 13. Granting the right to use the invention, useful model, industrial sample 1. Any person who is not a patent holder is entitled to use a patented invention, a useful model, an industrial lsample with the permission of the patent holder (based on the licence contract). Under the licence agreement, the patent holder (licensor) undertakes to grant the right to use a protected invention, useful model, industrial model in the amount of the contract, to another person (licensee), and the latter accepts the obligation to make payments to the licensor arising out of the payment contract and (or) to perform other acts provided for in the contract. (In the wording of Federal Law of 07.02.2003) N 22-FZ) With the exclusive licence of a licensee, the pis passed to the licensee in the use of invention, useful model or industrial model within the limits specified by the treaty, c Conservation of a licensor's right to use it in a part not transferred to the licensee; under a non-exclusive licence, the licensor, granting the licensee the right to use an object of industrial property, retains all the rights, Patent, including the granting of licences to third parties. (In the wording of Federal Law of 07.02.2003) N 22-FZ) (Para. N 22-FZ) 2. A patent holder may apply to the federal executive body on intellectual property to grant to any person the right to use an invention, a useful model or an industrial model (open licence). The amount of patent fees for the maintenance of a patent is reduced by 50 per cent in this case, starting from the year following the publication by the federal executive branch of intellectual property of information on such a declaration. A person who has expressed a desire to use the said invention, a useful model or an industrial model is obliged to conclude a payment contract with the patent holder. In the event that the patent holder within two years from the date of such publication has not received offers in writing on the conclusion of a payment treaty, he may, after two years, submit a proposal to the federal executive The property is the application for withdrawal of the application. In this case, the patent fee for the maintenance of the patent is to be paid for the period that has elapsed since the date of the publication of the application and is paid in full. The Federal Executive for Intellectual Property publishes information on the withdrawal of the application. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 3. The author of the invention, when applying for a patent for an invention, may attach to her documents a declaration that in the event of a patent he undertakes to transfer the exclusive right to the invention (to concede the patent) the first person who has expressed the wish to notify the patent holder and the federal body of the executive branch of intellectual property, a national of the Russian Federation, or The Russian legal entity. If there is such a declaration, the patent fees provided for in this Act shall not apply to an application for an invention and a patent issued under such application. The Federal Executive of the Intellectual Property Office publishes information about the said statement. The holder is obliged to conclude a contract for the transfer of the exclusive right of invention (assignment of the patent) to the person who so wishes. A person who concluded a contract with a patent holder for the exclusive right of invention (assignment of a patent) is obliged to pay all patent fees from which the applicant was released (patent holder). Further patent duties are paid in due course. For registration by the federal executive authority on the intellectual property of the contract for the transfer of exclusive right to invention (concession of the patent) an application for the registration of the contract must be accompanied by a document, The payment of all patent fees from which the applicant was released (patent holder). In the event that within two years from the date of publication of the information on the issue of such a patent to the federal executive branch of intellectual property, no notification was received in writing of the desire to conclude a treaty The transfer of the exclusive right to the invention (the concession of the patent), after two years, the patent holder may apply to the federal executive body on intellectual property to withdraw its application. In this case, the patent fees, which are provided for in this Law, and the payment of which the applicant (the patent holder) have been released, are subject to payment. Further patent duties are paid in due course. The Federal Executive for Intellectual Property publishes in the Official Gazette information about the withdrawal of the said declaration. (Paragraph added-Federal law dated 07.02.2003 N 22-F) 4. In the interests of national security, the Government of the Russian Federation has the right to authorize the use of an invention, useful model or industrial model without the consent of the patent holder, with its notification The Convention on the Information of the (In the wording of Federal Law of 07.02.2003) N 22-FZ) (Paragraph excluded-Federal Law of 07.02.2003 N 22-FZ) 5. The licence contract for the use of patented inventions, a useful model or industrial model shall be registered with the federal executive authority on intellectual property. Without the specified registration, the license agreement is considered invalid. (Augmented-Federal Law of 07.02.2003 N 22-FZ) Article 14. Patent violation 1. Any natural or legal person who uses a patented invention, a useful model or an industrial specimen with a violation of this Law, is considered to be a patent offender. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 2. Patent holder has the right to demand: termination of the patent infringement; compensation by the person responsible for the infringement of a patent for damages in accordance with civil law; Publication of the court's decision in order to protect its business reputation; implement other remedies in the manner provided for in the Russian Federation's law. Federal Act dated 07.02.2003 N 22-F) 3. The requirements for a patent infringer may also be claimed by the holder of the exclusive licence unless otherwise specified in the licence agreement. P E L V PATENT Article 15. To apply for a patent for an invention, useful model or industrial sample 1. An application for a patent for invention, a useful model or an industrial sample is submitted to the federal executive body on intellectual property by a person who has the right to a patent under this Law (Daley) -The applicant). 2. The administration of federal executive authority over intellectual property may be conducted by the applicant, the patent holder, another interested person, or through a patent attorney registered in the Federal Republic. the executive branch of the intellectual property or other representative. Natural persons permanently resident outside the Russian Federation, or foreign legal entities or their patent attorneys, conduct business with the federal executive body on intellectual property through patents Chargés registered in the federal executive body on intellectual property. In the cases provided for by the international treaty of the Russian Federation, natural persons permanently resident outside the Russian Federation or foreign legal entities may apply themselves, payment of patent duties, and OF THE PRESIDENT OF THE RUSSIAN FEDERATION If, in accordance with this paragraph, the applicant, the patent holder, the other interested person conducts business with the federal executive body on intellectual property alone or through a representative, other than the patent attorney registered with the federal executive authority on intellectual property, the federal executive authority on intellectual property may require the address to be addressed in the territory The Russian Federation for correspondence. The credentials of a patent attorney and other representative shall be authenticated by a patent attorney, a complainant, a patent holder or other interested person. A citizen of the Russian Federation who permanently resides in its territory may be registered as a patent attorney. The Government of the Russian Federation determines other requirements for the patent attorney, the procedure for its accreditation and registration, and the power to conduct legal protection of inventions, useful models and industrial designs. 3. The application for the invention of a patent, a useful model or an industrial sample is submitted in Russian. Other documents are submitted in Russian or another language. In the case of documents submitted in another language, the application shall be accompanied by a Russian translation. 4. A patent application is signed by the applicant, and in the case of an application through the patent attorney or other representative of the applicant or patent attorney or other representative. (Article in revision Federal Law of 07.02.2003 N 22-FZ) Article 16. The patent application for invention 1. The application for the invention of the patent (hereinafter referred to as the application for invention) must belong to one invention or group of inventions which are related so that they form a single inventive design (the requirement of unity of invention). 2. The application for an invention must contain: Patent's statement specifying the author (s) of the invention and the person (s) in whose name the patent is sought, as well as their place of residence or location; description Inventions that provide it with sufficient completeness for implementation; the invention formula that expresses its essence and fully based on the description; drawings and other materials, if they are necessary to understand the essence Inventions; ref. The application for the invention shall be accompanied by a document confirming the payment of a patent fee in the prescribed amount, or a document confirming the grounds for exemption from the payment of a patent duty, or a reduction in its size, or deferred payment. (In the wording of Federal Law of 07.02.2003) N 22-FZ) Date of application for invention shall be deemed to be the date on which the application for the granting of the patent, a description and the application of the patent, is submitted to the federal executive authority on intellectual property. drawings, if a reference is made in the description, or the date of receipt of the last document, if the documents are not submitted simultaneously. (Amended-Federal Act of 07.02.2003 N 22-FZ) 3. The requirements for documents of the invention are set by the federal executive body on intellectual property. (In the wording of the Federal Law of 07.02.2003 N 22-FZ) Article 17. The application for the issuance of a patent on the useful model (In the wording of Federal Law of 07.02.2003) N 22-F) 1. The application for a patent for a useful model (hereafter referred to as a useful model) should be one useful model or group of useful models that are so connected that they form a single creative design (requirement for unity of a useful model). (In the wording of Federal Law of 07.02.2003) N 2F) 2. The application for a useful model must contain: patent application , indicating the author (s) of the useful model and the person (s) in whose name the patentis sought, as well as their domicile or residence; (In the wording of the Federal Act of 7 February 2003, N 22-FZ) A description of the useful model that is sufficient to implement it; a useful model formula that expresses its essence and fully based on the description; drawings, if they are necessary to understand the essence of the useful model; (In the wording of Federal Law of 07.02.2003). N 22-FZ) ref. The application for a useful model is accompanied by a document confirming the payment of a patent fee in the prescribed amount, or a document confirming the grounds for exemption from the payment of a patent duty, or a reduction in it The amount of the claim is not the same. (In the wording of Federal Law of 07.02.2003) N 22-FZ) The date of application for the useful model is considered to be the date on which the application for the grant of the patent, description, and the application of the patent is submitted to the federal executive authority on intellectual property. drawings, if a reference is made in the description, or the date of receipt of the last document, if the documents are not submitted simultaneously. (Augmented-Federal Law of 07.02.2003 N 22-F) 3. The requirements for documents of the application for a useful model are set by the federal executive body on intellectual property. (In the wording of the Federal Law of 07.02.2003 N 22-FZ) Article 18. The patent application for industrial sample 1. An application for a patent for an industrial sample (hereafter referred to as an industrial sample) shall belong to one industrial sample or a group of industrial prototypes associated with each other so that they form a single (a requirement for the unity of the industrial core). (In the wording of Federal Law of 07.02.2003) N 22-FZ) 2. An application for an industrial core shall contain: a patent application with an indication of the author or authors of the industrial sample and the person or persons for whom the patent is sought, as well as their place of residence, or locations; a product image bundle that provides a complete detailed view of the product's appearance; drawing of a common type of product, ergonomic diagram, if they are necessary to expand the entity Industrial pattern; description of industrial sample; A list of significant features of an industrial sample. The application for an industrial sample shall be accompanied by a document confirming the payment of a patent fee in the prescribed amount, or a document confirming the grounds for exemption from the payment of a patent duty, or a reduction in its size, or postpones the payment. The date of the application for the industrial master is considered to be the date on which the application for the grant of the patent was submitted to the federal executive authority on intellectual property, including a set of product images, description and a list of significant features of an industrial sample, or the date of the last document, if the documents are not presented at the same time. (Paragraph in the Federal Law dated 07.02.2003 N 22-F) 3. The requirements for documents of an industrial sample are set by the federal executive body on intellectual property. (In the wording of the Federal Law of 07.02.2003. N 22-FZ) Article 19. Priority of inventions, a useful model, industrial sample 1. The priority of inventions, a useful model or industrial model is set at the date of application to the federal executive authority on intellectual property. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 2. The priority of invention, useful model or industrial model may be established by the date of the first application in the State party to the Paris Convention on the Protection of Industrial Property (Convention Priority), provided that the The federal executive branch on intellectual property of an application for inventions or a useful model within twelve months of that date, and applications for an industrial sample within six months of that date. If not Application of the Convention on the Rights of the Priority could not be given within a specified time limit, which could be extended, but not for more than two months. (In the wording of Federal Law of 07.02.2003) N 22-FZ) The applicant who wishes to exercise the right of the Convention's priority with respect to the application for a useful model or industrial sample is obliged to report it to the federal executive authority Before the expiry of two months from the date of such application and to submit a certified copy of the first application up to the expiry of three months from the date of submission of the application to the federal authority on the intellectual property of the application, of which the Convention's priority is sought. (In the wording of Federal Law of 07.02.2003) N 22-FZ) The applicant who wishes to exercise the right of the Convention's priority with respect to an application for an invention is obliged to inform the federal executive branch of the intellectual property and submit a certified copy of the first application to the federal executive body on intellectual property not later than sixteen months from the date of its submission to the patent office of the State party to the Paris Convention on the Protection of the Rights of the Child. Industrial property. In the absence of a certified copy of the first application within the specified period, the right of priority may be restored at the request of the applicant submitted to the federal executive body on intellectual property prior to the expiry of the said request Date on which the first application is requested by the applicant in the first application, not later than fourteen months from the date of submission of the first application and submitted to the federal executive authority Intellectual property within two months from the date on which it was received by the applicant. The translation of the first application into Russian, if it is in another language, may be requested by the federal executive authority on intellectual property from the applicant only if the verification of the validity The claim of priority is related to the patentability of the declared invention. (Augmented-Federal Law of 07.02.2003 N 22-F) 3. Priority may be set at the date of receipt of supplementary materials if they are issued by the applicant as a separate application filed before the expiry of the period of three months from the date on which the claimant received the notification. class="ed. " of the federal executive branch of the executive branch of intellectual property that it is impossible to take additional materials into account in connection with the recognition of their changing nature of the stated decision and provided that that at the date of such an independent application, the application containing the additional materials, not withdrawn and not recognized withdrawn. (In the wording of Federal Law of 07.02.2003 N 22-FZ) 4. The priority of inventions, a useful model or an industrial model may be set on the date of the same applicant's earlier submission to the federal executive branch of the intellectual property of an earlier application that disclaims the invention, A useful model or industrial sample not withdrawn and not recognized as withdrawn by the date of submission of the application for which such priority is sought, if the application is submitted not later than twelve months from the date of the earlier application for the invention and the six months from the date of the earlier application for the useful model or industrial sample. When applying for this priority, the earlier application is recognized as withdrawn. (In the wording of Federal Law of 07.02.2003) N 22-FZ) (Paragraph excluded-Federal Law of 07.02.2003 N 22-FZ) Priority cannot be set according to the application's submission date , for which an earlier priority has already been requested. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 5. The priority of inventions, a useful model or an industrial sample, is set at the date of submission by the same applicant to the federal executive branch of the intellectual property of the original application from which the application is made Inventions, useful models or industrial models, and if there is a right to establish an earlier priority on the original application, at the date of that priority, if at the date of submission of the original application an original application for invention, useful The model or industrial sample has not been withdrawn and is not recognized and submitted the application is made before the possibility of objecting to the decision not to grant a patent on the original application has been exhausted, or until the date of registration of the invention, the useful model, or An industrial sample, in accordance with article 26 of this Law, in case of an initial application for a patent. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 6. The priority of inventions, a useful model or an industrial model may be established by a number of applications or additional materials previously submitted, subject to the conditions set out in paragraphs 2, 3, 4 and 5, respectively. of this article. (Amended-Federal Act of 07.02.2003 N 22-FZ) 7. If, during the examination process, it is established that applications for identical inventions, useful models or industrial designs have been submitted by different applicants, and such applications have the same priority date, patent for invention, useful model or The industrial sample may be issued only for one of these applications to the person defined by the agreement between the applicants. In the event that such applications are submitted by the same applicant, the patent is issued on the application chosen by the applicant. Within twelve months from the date of receipt of the notification, the applicants must report the agreement they have reached and the applicant must report on his or her choice. When issuing a patent on one of the applications, all the authors identified in the applications are recognized as co-authors for identical inventions, useful models or industrial designs. In the event that, within a fixed period of time, the federal executive authority on intellectual property (s) does not receive the said communication or the application for an extension of the deadline in the manner determined by the applicant, Article 21, paragraph 8, of this Act shall be recognized as withdrawn. When matching an invention's priority and the same useful model for applications of the same applicant after the grant of one of these patent applications, the grant of a patent on another application is only possible if it is submitted to a federal state the executive branch of the intellectual property of a declaration by the holder of a previously issued patent on the termination of the patent in respect of an identical invention or identical useful model. The previously issued patent for an identical invention or identical useful model shall cease to be valid from the date of publication of the information on the grant of a patent on another application in accordance with article 25 of this Law. Publication of patent information on an invention or useful model and publication of information on the termination of a previously issued patent for an identical invention or identical useful model at the same time. (Paragraph in the wording of Federal Law of 07.02.2003) N 22-FZ) Article 20. Change the requisition documents to Inventions, Usable Model, or industrial sample 1. The applicant has the right to submit an application for inventions, a useful model or an industrial model of correction and refinement without altering the nature of the declared inventions, a useful model or an industrial sample prior to the adoption of the application Issuing a patent for an invention, a useful model or an industrial model or a decision to refuse to grant a patent. Additional material changes the essence of the declared invention or the useful model if it contains the features to be included in the invention or useful model and not on the date of submission of the application in the description, as well as in the a formula of invention or a useful model if the application on the date of its submission contained an invention or a useful model. Additional materials modify the nature of the declared industrial sample if they contain evidence to be included in the list of essential signs of an industrial sample and missing on the date of submission of the application on images articles. 2. The modification of the applicant in the transfer of the right to a patent or as a result of the change of the name, as well as the correction of obvious and technical errors in the documents of the application, may be made before the date of registration of the invention, the useful model, or in accordance with article 26 of this Law. 3. In the event that changes to the application documents are made at the applicant's initiative within two months from the date of application, the patent fee for making such changes is not charged. 4. The modifications made by the applicant to the application documents are taken into account in the publication of the information on the application for invention, if such changes are submitted to the federal executive body on intellectual property for a period of twelve months from the application date. (The article in the Federal Law of 07.02.2003) N 22-FZ) Article 21. The study of the application for invention 1. Upon application for an invention submitted to the federal executive body on intellectual property, a formal examination shall be conducted, during which the existence of the documents referred to in article 16, paragraph 2, of this Law shall be checked. and compliance with established requirements. 2. In the event that the applicant has submitted additional materials to the application for invention, in accordance with article 20 of this Law, it shall be verified that they do not alter the nature of the declared invention. Additional material in the part that modifies the essence of the declared invention, when considering an application for invention, is not taken into account and can be processed by the applicant as an independent application, as the applicant is notified. 3. The positive result of the formal examination and the date of application for the invention shall be notified to the applicant immediately after the completion of the formal review. 4. Upon application for an invention issued in violation of the requirements of its documents, the applicant shall be requested with a proposal within two months from the date of receipt of the amended or missing documents. In the event that the applicant does not submit the requested documents or an application for an extension within the prescribed period, the application shall be recognized as withdrawn. The period of time may be extended by the federal executive body on intellectual property for a period of not more than 10 months from the date of expiry. 5. Upon application for an invention submitted in violation of the requirement of the unity of invention, the applicant is requested to state within two months from the date of receipt of the notification, which of the declared inventions should be considered, and the need to make changes to the requisition documents. Other inventions made in this application may be issued by the applications. In the event that the applicant does not indicate within the prescribed period which of the declared inventions needs to be considered and does not submit the relevant documents, if necessary, the invention referred to in the formula first shall be considered. 6. The Federal Executive of the Intellectual Property Office, after eighteen months from the date of application for an invention with a positive result, publishes in its official bulletin the information on the application for invention, except if, within twelve months from the date of such application, it has been withdrawn or recognized as withdrawn or its invention has been recorded in accordance with article 26 of the present report The law. The composition of the information published is determined by the federal executive body on intellectual property. Any person, after publication of an application for an invention, is entitled to consult its documents if the application has not been withdrawn and is not recognized as withdrawn by the date of publication of the information about it. In the case of the publication of an application for an invention that was withdrawn or revoked on the date of publication, such information is not included in the level of equipment for subsequent applications of the same applicant to the federal authority of the executive branch of the intellectual property until the expiry of the 12-month period from the date of publication of the information on the application for invention. The procedure for familiating with the documents of the application is established by the federal executive body on intellectual property. At the request of the applicant before the expiry of the 12-month period from the date of application, the federal executive authority on intellectual property may publish details of the application for inventions up to the expiry of 18 months from the date of filing. The author of the invention has the right to refuse to be mentioned as such in the published information about the application for invention. 7. At the request of the applicant or third parties, which may be submitted to the federal executive body on intellectual property within three years from the date of application for the invention, and subject to the completion of the formal expert examination, A positive result is the examination of the application for the invention on the merits. The applicant is notified by the federal executive body on intellectual property of the application of third parties. The period of application for an examination of an application for an invention on the merits may be extended by the federal executive authority on intellectual property for a period of not more than two months at the request of the applicant up to three years from the date of application for invention, subject to the submission, together with such application, of a document confirming the payment of patent duty in the prescribed amount. In the event that an application for the examination of an application for an invention on the merits is not filed within the time limit, the application shall be recognized as withdrawn. Expertise on an invention on the merits includes an information search on the declared invention to determine the level of technology and to verify that the declared invention meets the conditions of patentability Article 4 of this Law. After six months from the date of the beginning of the examination of the application for the invention on the merits, an information search report is sent to the applicant if no priority is requested on such an application prior to the date of submission of the application and the application to conduct an expert examination of the application for the merits of the application. The deadline for the applicant to report on an information search may be extended by the federal executive body on intellectual property if the need for a request is found in other organizations of the information source, The fact that the invention is not available in the funds of the federal executive branch of the executive branch on intellectual property, or the declared invention, thus makes it impossible to conduct an information search in the prescribed manner The applicant shall be notified. Information search for an alleged invention relating to objects referred to in article 4, paragraphs 2 and 3, of this Law is not conducted, and the applicant shall be notified before the expiration of six months from the date of commencement of the examination applications for invention on the merits. The federal executive authority on intellectual property is set up to conduct an information search and report on it. 8. In the process of examination of the application for invention on the merits, the applicant may be requested to submit additional materials (including an amended formula for inventions), without which it is impossible to carry out the examination. Additional material upon request of expertise must be submitted without altering the nature of the invention within two months from the date of receipt by the applicant of the request or copies of the materials opposed to the application, provided that the copies were Requested by the applicant within one month from the date of receipt of the request for expertise. In the event that the applicant does not submit the requested material or an application for an extension within the prescribed period, the application shall be recognized as withdrawn. The deadline for the applicant to provide the requested material may be extended by the Federal Executive in Intellectual Property for a period of not more than 10 months from the date of expiry, and subject to confirmation It may be extended by the federal authority on intellectual property for more than ten months from the date of expiry of the prescribed period of time. In the case of an application for invention on the merits it is established that the declared invention, expressed by the formula proposed by the applicant, corresponds to the conditions of patentability, it is decided to grant the patent to The invention with this formula, which specifies the date of the priority of the invention. If, in the process of expert examination of an application for invention, the non-conformity of the declared invention, expressed by the formula offered by the applicant to the conditions of patentability, is established a decision refusing extradition Patent. Before a decision is made, the applicant shall be notified of the results of the patentability of the declared invention with a proposal to submit its reasons for the reasons given therein. The arguments of the applicant shall be 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 the notification. 9. In case of disagreement with the decision to refuse to grant a patent for invention, the decision to grant the invention or the decision to accept the application withdrawn, the applicant may lodge an objection to the Patent Chamber of the Federal the Intellectual Property Office (hereinafter referred to as the Patent Chamber) within six months of the date of receipt of such a decision or requested by the federal executive on intellectual property of copies of materials, unapplied applications and specified in the decision on refusal of extradition of a patent, provided that these copies are requested within two months of the date of receipt by the applicant of the decision taken on the application for the invention. The procedure for submitting objections to the Patent Chamber and the procedure for their consideration shall be set by the federal executive body on intellectual property. The decision of the Chamber of Patent Disputes is approved by the head of the federal executive branch on intellectual property, enters into force from the date of approval and can be appealed to the court. 10. The applicant and third parties are entitled to apply for an application for an invention that has been formally evaluated with a positive result, an information search to determine the level of equipment against which the assessment will be carried out the novelty and inventive level of the declared invention. The procedure and modalities of such an information search and the provision of information about its results shall be established by the federal executive authority on intellectual property. 11. The applicant has the right to consult all the materials specified in the request for expertise, the decision of the expert examination or the information search report. Copies of patent documents requested by the applicant in the federal executive authority are forwarded to the applicant within one month of the date of receipt of the applicant's request. 12. The deadline for submission of documents or additional material upon request by the expert, the time limit for filing an application for the examination of the application for the invention on the merits and the time period for filing an objection to the Chamber of Patent Disputes may be have been reinstated by the federal executive body on intellectual property, subject to proof of valid reasons for the failure to comply with the specified time limits and the payment of patent fees. The application may be made by the applicant not later than twelve months from the date of expiry of the prescribed period. Such a request shall be submitted to the federal executive body on intellectual property at the same time as the requested documents or additional material or an application for an extension of the deadline for submission of these documents, or Materials, application for expert examination of the application for the invention on the merits or at the same time as an objection to the Chamber of Patent Disputes. (Article in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 22. Temporary Legal Security 1. The declared invention, from the date of publication of the information about the application to the date of publication of the patent's information, is granted temporary legal protection in the amount of the published formula, but not more than the amount determined by the formula, in the decision to grant a patent for invention. (In the wording of the Federal Act of 7 February 2003, N 22-FZ) 2. Temporary legal protection is deemed to be non-present if the application for invention has been withdrawn or is recognized as withdrawn or on application for invention to refuse to grant the patent and to exhaust the possibility of filing Objections to this decision. (In the wording of Federal Law of 07.02.2003) N 22-F) 3. A natural or legal person who uses the declared invention in the period specified in paragraph 1 of this article shall pay a monetary compensation to the patentee upon receipt of the patent. The amount of compensation is determined by the agreement of the parties. 4. The provisions of paragraph 3 of this article apply to inventions, useful models and industrial designs from the date on which the applicant is notified by the applicant of the patent application, if the date has previously occurred in respect of inventions The date of publication of the requisition information, and for useful models and industrial designs, earlier than the date of publication of the information on the grant of a patent. Article 23. Forensics from an application to a useful model 1. According to the application for a useful model submitted to the federal executive body on intellectual property, an examination shall be conducted, during which the existence of the documents referred to in article 17, paragraph 2, of this Law shall be checked. Compliance with the established requirements and the absence of a violation of the unity requirement of the useful model, as well as the question of whether the declared decision is a useful model. Verification of the compliance of the declared useful model with the conditions of patentability set out in article 5, paragraph 1 of this Law shall not be carried out. Article 21, paragraphs 2, 4, 5, 9, 11 and 12 of Article 21 of this Law shall apply to the examination of the application for the useful model. 2. If, as a result of an examination, it is established that the application for a useful model is submitted to a technical solution, which is protected as a useful model, and the documents of the application are issued in accordance with the established requirements, the decision on extradition is taken Patent showing the date of application for the useful model and the assigned priority. In the case where the formula of the useful model proposed by the applicant contains evidence that was not at the date of submission of the application in the description and, if the application for the useful model on the date of submission contained the formula, in the formula of a useful model, the applicant A request is sent with the proposal to delete the indications from the formula. If, as a result of an examination, it is determined that the application for a useful model is submitted for a decision, which is not protected as a useful model, it is decided to refuse to grant the patent to a useful model. 3. The applicant and third parties may apply for an information search on the declared useful model for determining the level of equipment against which the patentability of the useful model can be assessed. The procedure and conditions for conducting an information search and providing information on its results shall be established by the federal executive authority on intellectual property. 4. In the event that the application for a useful model is determined to state that the information contained therein is a state secret, the documents of the application are classified according to the procedure established by the law on state secrets. In doing so, the applicant is informed of the possibility of withdrawing an application for a useful model or converting it into an application for a secret invention. Consideration of such application shall be suspended pending receipt of an application from the applicant or a declassification of the application. (Article in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 24. Forensics from an application to an industrial sample 1. On an application for an industrial sample submitted to the federal executive branch of the intellectual property, a formal examination shall be conducted, during which the existence of the documents referred to in article 18, paragraph 2, shall be checked. of this Act, and compliance with the established requirements, and upon the positive result of the formal expert examination of the examination of the application for the merits of the application, which shall include a review of the conformity of the declared industrial sample The conditions of patentability set out in article 6 of this Law. 2. When carrying out a formal expert examination and examination of an application for an industrial specimen, the provisions of article 21, paragraphs 2, 3, 4, 5, 8, 9, 11 and 12 of this Law apply accordingly. Federal Law of 07.02.2003 N 22-FZ) Article 25. Publication of patent details Federal Executive of the Intellectual Property Office publishes in its Official Gazette information about the granting of a patent covering the name of the author (s) if The latter (the latter) did not refuse to be mentioned as such, and the patent holder, the name and formula of the invention or utility model, or a list of essential features of the industrial pattern and its image. The full composition of the published information is determined by the federal executive body on intellectual property. (In the wording of Federal Law of 07.02.2003). N 22-FZ) After the publication of the invention of the invention, the useful model or the industrial sample, any person is entitled to read the application documents and the information search report. The procedure for reviewing the application documents and the information search report shall be established by the federal executive authority on intellectual property. (Amended by Federal Law of 07.02.2003 N 22-FZ) Article 26. Registration of inventions, useful model, industrial sample and patent application 1. The Federal Executive Committee on Intellectual Property makes the State Register of Inventions of the Russian Federation, the State Register of useful models of the Russian Federation, or the State Register of Industrial Masters OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 07.02.2003) N 22-FH) If there are several persons for whom a patent is sought, one patent is issued. Registration of an invention, a useful model or an industrial model, and the granting of a patent are subject to the payment of patent fees. If a document confirming the payment of patent fees is not provided in due course, the registration of the invention, the useful model or the industrial sample and the issuance of a patent shall not be carried out, and the application shall be recognized as withdrawn. (Amended-Federal Act of 07.02.2003 N 22-FZ) 2. The form of the patent and the information contained therein establishes the federal executive body on intellectual property. (In the wording of the Federal Act of 7 February 2003, N 22-FZ) 3. The federal executive body on intellectual property amends the obvious and technical errors in the issued patent for the invention, the useful model, or the industrial sample and/or the relevant registry. (In the wording of Federal Law of 07.02.2003) N 22-FZ) 4. The Federal Executive of the Intellectual Property Office publishes in its official bulletin any changes to the records in the registers. (Augmented-Federal Law of 07.02.2003 N 22-FZ) Article 27. Withdrawal of the application for invention, useful model or industrial sample The applicant has the right to withdraw an application for invention, a useful model or an industrial sample, no later than the date of registration Inventions, a useful model or an industrial sample in the relevant registry. (In the wording of Federal Law of 07.02.2003) N 22-FZ) Article 28. Conversion of applications Before publishing details of an invention application, but no later than the date of the decision to grant a patent for invention, the applicant has the right to convert it into a useful model application by filing If the application is accompanied by a declaration referred to in article 13, paragraph 3, of this Law, The conversion of an application to a useful model in an application for invention is possible before the date of the decision to grant a patent, and in the case of a decision to refuse to grant a patent, before the application of the present Act has been exhausted Objections to this decision. The specified transforms retain the priority of invention or useful model and the date of application. (Article in the wording of Federal Law dated 07.02.2003 N 22-FZ) P D E L VI RECONCILIATION AND RECONSTRUCTION PATENTA (Title of section in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 29. Invalidation of a patent on invention, useful model, or industrial sample 1. A patent for an invention, a useful model or an industrial sample for the duration of its validity may be declared invalid completely or partially in the case of: 1) the non-conformity of the patented inventions, the useful model, or An industrial model of the conditions of patentability established by this Law; 2) the existence in the formula of an invention or a useful model, or a list of essential features of an industrial pattern contained in the decision on extradition patents, signs that were absent on the date of application in the description of the invention, or of a useful model and in the formula of invention or useful model if the application on the date of its submission contained a formula or on product images; 3) to issue a patent when there were multiple applications for identical inventions, useful models, or Industrial samples bearing the same priority date, in violation of the conditions set out in article 19, paragraph 7, of this Law; 4) of the grant of a patent with an indication as the author or patentee of a person who is not under this Act, or without specifying in the patent as the author or the patent holder of the person who is such in accordance with this Law. 2. An objection to the granting of a patent on the grounds provided for in paragraphs 1 to 3 of paragraph 1 of this article shall be submitted to the Patent Chamber. The procedure for objections against the granting of a patent to the Patent Chamber and the manner in which they are examined shall be established by the federal body of the executive branch on intellectual property. The decision of the Chamber of Patent Disputes is approved by the head of the federal executive branch on intellectual property, enters into force from the date of approval and can be appealed to the court. 3. A patent for an invention, useful model or industrial sample is null or void, in whole or in part, by a decision taken on an objection made pursuant to paragraph 2 of this article or which has become enforceable Decisions of the court, including the court decision taken on the basis of the grounds referred to in paragraph 1 (4) of this article. A declared void, in whole or in part, of the invention, useful model or industrial sample is discarded. If a patent is declared invalid, a new patent is partially issued. (Article in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 30. Early termination of the patent on invention, useful model or industrial sample The invention of the patent, the useful model or the industrial sample is terminated ahead of schedule: , on the basis of the application submitted by the patent holder to the federal executive body on intellectual property, from the date on which the application was made. In the event that a patent is granted to a group of inventions, useful models or industrial designs, and the patentee's application is not made for the entire group, the patent shall cease only for the inventions mentioned in the application, A useful model or industrial sample; , when not paying the patent fee for the invention, the useful model or the industrial sample within the prescribed period of time, from the date of expiry of the due date for payment patent fees for the maintenance of a patent in force. (Article in the wording of Federal Law of 07.02.2003) N 22-FZ) Article 30-1. Restoration of the patent for invention, useful model or industrial master. Post-Use Right 1. The patent for an invention, a useful model or an industrial sample, which was discontinued as patent duty for the maintenance of the patent was not paid within the specified time period, could be restored at the request of the individual, that belonged to a patent for invention, a useful model, or an industrial sample. Such an application must be submitted to the federal executive body on intellectual property within three years from the date of expiry of the specified patent duty, but before the expiration of the prescribed period of payment, The law of the duration of the patent. The application must be accompanied by a document confirming the payment of a patent fee for the restoration of the patent. 2. The Federal Executive of the Intellectual Property Office publishes in its Official Gazette information on the restoration of the patent's invention, useful model or industrial model. 3. Any person who, between the date of termination of the patent's invention, a useful model or industrial model and the date of publication in the official bulletin of the federal executive on intellectual property of information The restoration of the patent began with the use of patented inventions, a useful model or industrial model, or made the necessary preparations during the period, and retained the right to continue its free use without an increase in the volume of such use (the right of post-use). (Article padded-Federal Law of 07.02.2003 N 22-FZ SECTION VI-1 ENVISAGED FOR THE LEGAL PROTECTION OF THE SECRETARIENCIES (Section added-Federal Law dated 07.02.2003 N 22-FZ Article 30-2. The filing and consideration of patent applications for secret inventions 1. Applications for the granting of a patent for secret inventions, for which there is a degree of secrecy of "special importance" or "top secret", as well as secret inventions, which are related to weapons and military equipment and to methods and In the area of intelligence, counter-intelligence and intelligence activities, and for which the degree of secrecy is classified, they are filed according to their thematic affiliation with the Government of the Russian Federation. THE RUSSIAN FEDERATION (...) (...) Other applications for the granting of a patent for secret inventions are submitted to the federal executive body on intellectual property. 2. In the event that an application for invention is established in the federal executive branch of the intellectual property, that the information contained therein is a state secret, the application for invention is classified in the manner prescribed by the law on state secrets and is considered an application for the granting of a patent for a secret invention. The classification of an application filed by foreign nationals or foreign legal entities is not permitted. 3. When considering a patent application for a secret invention (hereinafter referred to as a secret invention), the provisions of article 21 of this Law apply accordingly. However, the publication of such application, as provided for in article 21, paragraph 6, of this Law, shall not be published. An objection to a decision taken on an application for a secret invention by an authorized body shall be considered in accordance with the procedure established by that body. The decision taken on such an objection may be appealed to the courts. 4. In establishing the novelty of a secret invention, the level of technology is also included under the condition of their earlier priority, secret inventions, patented in the Russian Federation, and secret inventions that have been issued In the case of the USSR, if the secrecy is not higher for them than the degree of secrecy of invention, the novelty of which is established. 5. Applications for secret inventions of Article 28 of this Law on conversion of application for invention into application for useful model shall not apply. 6. The application and handling of classified applications is subject to the requirements of the law on state secrets. class="doclink "href=" ?docbody= &prevDoc= 102018633&backlink=1 & &nd=102080095" target="contents "title=" "> dated 07.02.2003 N 22-FZ)Article 30-3. The registration and issuance of a patent for the secret invention. Disseminating information about secret invention 1. The registration of a secret invention in the State Register of Inventions of the Russian Federation and the issue of a patent for a secret invention are carried out by the federal executive body on intellectual property or, if the decision on extradition The patent for the secret invention was adopted by the authorized body, this body. The authorized body registering a secret invention and issuing a patent for a secret invention notifies the federal executive of the intellectual property. The federal executive body on intellectual property, the authorized body amends the obvious and technical errors in the patent for the secret invention and/or registry issued by them. 2. Information on applications and patents on secret inventions, as well as on secret inventions, is not published in the register. The transfer of information about such patents is carried out in accordance with the law on state secrets. (Article padded-Federal law dated 07.02.2003 N22-FZ)Article 30-4. Change in secrecy and inventions declassification 1. The change in the secrecy and declassification of inventions, as well as the modification and removal of the classification of documents from the application and from the patent to the secret invention are carried out in accordance with the procedure established by the law on state secrets. 2. In increasing the degree of secrecy of the invention, the federal body of the executive branch of intellectual property passes the documents of the application for the secret invention, depending on their subject matter to the appropriate commissioner Organ. Further consideration of an application that has not been completed by the federal executive authority on intellectual property at the time of the increase in secrecy is carried out by an authorized body. When the invention is lowered, further consideration of the application for a secret invention is carried out by the same authorized body, who has considered the application. 3. In case of declassification of the invention, the authorized body shall pass on the available declassitive documents of the application for a secret invention to the federal executive authority on intellectual property. Further consideration of the application, which is not completed by the authorized body at the time of declassification, is carried out by the federal executive authority on intellectual property. (Article padded-Federal Law of 07.02.2003 N 22-FZ)Article 30-5. Recognition of invalid patent on secret invention Objection to the granting by the authorized body of a patent to a secret invention on the grounds set out in article 29, paragraph 1, subparagraphs 1 to 3 of this Law, shall be submitted to the authorized body and shall be considered in the manner prescribed by them. The decision of the authorized body, adopted on objection, shall be approved by the head of this body, shall enter into force on the date of its approval and may be appealed to the court. class="doclink "href=" ?docbody= &prevDoc= 102018633&backlink=1 & &nd=102080095" target="contents "title=" "> dated 07.02.2003 N 22-FZ) Article 30-6. An exclusive right to a secret invention 1. The use of a patented secret invention, the transfer of the exclusive right to a secret invention (assignment of a patent) and the granting of the right to use a secret invention to others are subject to the law State secrets. 2. The licence contract for the use of a patented secret invention is subject to registration with the authority which granted the patent for the secret invention, or its successor, and, in the absence of the successor, to the federal executive branch Intellectual property. Without the specified registration, the license agreement is considered invalid. 3. Applications for an open licence and the transfer of the exclusive right of invention (assignment of a patent), as provided for in article 13, paragraphs 2 and 3, respectively, of this Law shall not be subject to a secret invention. Statements made in respect of such inventions shall not entail any effect as provided for in the above paragraphs. 4. A compulsory license for a secret invention under article 10, paragraphs 3 and 4, of this Law is not granted. 5. A violation of the exclusive right of the patent holder to a secret invention other than those provided for in article 11 of this Law does not recognize the use of a patented secret invention by a person who did not know and could not lawfully invent reason to know about the existence of a patent for the invention. After the declassification of the invention or the notification by the patent holder of a patent for the invention, the said person must stop using the patented invention or to conclude with the patent holder contract, except if there is a right to use. 07.02.2003 N 22-FZ) P E D E L VII Protection of the rights of the rights of the Patentas and AVRAO Article 31. Judicial review The following disputes are considered in court: about the authorship of inventions, a useful model, an industrial sample; on the establishment the patent holder; Violation of the exclusive right to invention, useful model, industrial sample; on the conclusion and performance of contracts for the transfer of exclusive rights (assignment of a patent) and license agreements use of invention, useful model, industrial sample; about the right to use; about the right-to-use; about the size, timing and order of payment to the author of an invention, a useful model, an industrial model under this Law; o The amount, time and order of compensation provided for in this Law; other disputes related to the protection of the rights granted by the patent. (Article in the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 32. Liability for violation of this Law Violation of this Law comes under civil, administrative or criminal liability in accordance with the law of the Russian Federation. (In the wording of Federal Law of 07.02.2003) N 22-FZ) P A E L VIII CONCLUDING PROVISIONS Article 33. Patent duties Patent duties are levied for legally significant patent-related activities. The list of activities for which patent duties are levied, their size, the size of the duties and the payment terms, as well as the grounds for exemption from the payment of duties, the reduction of their size, or the return of duties shall be established. The Government of the Russian Federation. (In the wording of Federal Law of 07.02.2003) N 22-FZ) (Article 33 is suspended for 2001 as part of the payment of patent duties to the Patent Office-see para. Federal Act No. 150-FZ) (Effect of article 33 on 01.01.2002 to 31.12.2002 in the payment of patent duties to the Patent Office-see para. Federal Act No. 194-FZ) (Effect of article 33 in 2003 in the payment of patent duties to the Patent Office-see para. Federal Act No. 176-FZ of 24 December 2002) Article 34. State stimulation of the creation and use of inventions, utility models, industrial designs (In the wording of Federal Law dated 07.02.2003 N 22-FZ) The State encourages the creation and use of inventions, useful models, industrial designs, and establishes authors and economic operators, using them, preferential terms of taxation and credit, provides them with other benefits in accordance with the legislation of the Russian Federation. (In the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 35. Patenting of inventions or utility models in foreign states 1. An application for an invention or useful model created in the Russian Federation may be submitted to foreign States or international organizations after six months from the date of submission of the relevant application to the federal executive body. authorities on intellectual property, if the applicant is not informed within the period of time that the application contains information constituting a State secret. An application for an invention or useful model may be submitted earlier than the deadline, but after the applicant has been asked to verify the contents of the information in the State secret. The procedure for checking the contents of the application of information constituting a State secret shall be established by the Government of the Russian Federation. 2. Patenting under the Patent Cooperation Treaty or the Eurasian Patent Convention of invention or useful model established in the Russian Federation is permitted without prior submission to a federal body of the executive branch of intellectual property, if the application under the Patent Cooperation Treaty (international application) is submitted to the federal executive body on intellectual property as the recipient of the agency and the by the Russian Federation as a State in which the complainant to obtain a patent, and the Eurasian application is submitted through the federal executive body on intellectual property. (In the wording of Federal Law dated 07.02.2003 N 22-FZ) Article 36. The rights of foreign natural and legal persons Foreign natural and legal persons enjoy the rights under this Act, in the same way as natural and legal persons of the Russian Federation, by 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 establishes rules other than those contained in this Act, the rules of the international treaty shall apply. Article 37-1. International and Eurasian applications that have force of applications under this Law 1. The federal executive body on intellectual property begins consideration of an international application for the invention or useful model that is submitted under the Patent Cooperation Treaty and in which the Russian Federation is specified The Federation, as a State in which the applicant intends to obtain a patent for an invention or a useful model, after thirty-one months after the date of the request in the international priority request, or if so requested The Conference of the Committee on the Rights of the or the applicant before the expiry of that period, submitted to the federal executive body on intellectual property, the translation into Russian of the patent for invention or a useful model contained in the international application submitted in a different language. Submission to the federal executive body on intellectual property of translation into the Russian language of an application for the invention of a patent or a useful model may be replaced Submission of a patent application under this Act. If the documents are not submitted within the specified deadline, the international application for the Russian Federation under the Patent Cooperation Treaty is terminated. The period specified in article 20, paragraph 3, of this Law for amendments to the application documents shall be calculated from the date on which the federal executive authority on intellectual property has begun consideration of the international application in in accordance with this Act. 2. The consideration of the Eurasian application for invention, which is in accordance with the Eurasian Patent Convention by the application of the force of the present Law on the invention, shall be applied from the date when the federal executive branch Intellectual property received from the Eurasian Patent Office a certified copy of the Eurasian application. The time limit prescribed in article 20, paragraph 3, of this Law to modify the application documents shall be calculated on the same date. 3. Publication in Russian of an 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 by the Eurasian Patent Office in accordance with The Eurasian Patent Convention replaces the publication of the information on the application referred to in article 21 (6) of this Law. href=" ?docbody= &prevDoc= 102018633&backlink=1 & &nd=102080095 "target="contents" title= " "> from 07.02.2003 N 22-FZ) Article 37-2. The Eurasian patent and the patent of the Russian Federation for identical inventions If the Eurasian patent and the patent of the Russian Federation on identical inventions or identical inventions and benefits A model that has the same priority date is owned by different patent holders, such inventions or inventions and a useful model can be used only with respect for the rights of all their patent holders. If the Eurasian Patent and the patent of the Russian Federation on identical inventions or identical inventions, and a useful model with the same priority date, belong to the same person, this person can provide Any person has the right to use such inventions or inventions and a useful model in accordance with the license agreement concluded on the basis of these patents. class="doclink "href=" ?docbody= &prevDoc= 102018633&backlink=1 & &nd=102080095" target="contents "title=" "> dated 07.02.2003 N 22-FZ President of the Russian Federation B. Yeltsin Moscow, House of the Russian Federation 23 September 1992 N 3517-I