Legislative Implementation of Flexibilities - Russian Federation

Title:	Article 1350 (1) and (6) 1) of the Civil Code (Chapter 72)
Field of IP:	Patents
Type of flexibility:	Exclusion from patentability of plants
Summary table:

Provisions of Law

Article 1350. Conditions of Patentability of an Invention

1. A technical solution in any area related to a product (including a device, substance, microorganism strain, cell culture of plants or animals) or method (process of affecting a material object using material means) shall be protected as an invention.

An invention shall be granted the legal protection if it is new, involves an inventive step, and is industrially applicable.

6. Legal protection as inventions shall not be granted to:

1) varieties of plants, breeds of animals and biological methods of obtaining thereof with the exception of microbiological methods and products obtained by the use of such methods;