- TABLE OF CONTENTS
- Section I General Provisions
- Section II Conditions of Patentability
- Section III Authors and Patent Owners
- Section IV The Exclusive Right to the Invention, Utility Model or Industrial Design
- Section V Patent Grant
- Section VI LAPSE AND RENEWAL OF PATENT
- Section VI-1 PROTECTION OF SECRET INVENTIONS
- Section VII PROTECTION OF RIGHTS OF PATENT OWNERS AND INVENTORS
- Section VIII FINAL PROVISIONS
RUSSIA
Patent Law
#3517-I of September 23, 1992, as amended by the federal law 22-FZ of February 7, 2003
ENTRY INTO FORCE: March 11, 2003
TABLE OF CONTENTS
Section I General Provisions
Article 1 Relations Governed by the Law
Article 2 Federal executive authority on intellectual property
Article 3 Legal Protection of Inventions, Utility Models and Industrial Designs
Section II Conditions of Patentability
Article 4 Conditions of Patentability of Inventions
Article 5 Conditions of Patentability of Utility Models
Article 6 Conditions of Patentability of Industrial Designs
Section III Authors and Patent Owners
Article 7 Author of an Invention, Utility Model or Industrial Design
Article 8 Patent Owner
Article 9 The right to be granted a patent for an invention, utility model or industrial design, created during the fulfillment of a state contract
Section IV The Exclusive Right to the Invention, Utility Model or Industrial Design
Article 10 Rights and Obligations of the Patent Owner
Article 11 Acts Not Recognized as Infringements on the Exclusive Right of the Patent Owner
Article 12 Right of Prior Use
Article 13 Grant of the Right to Use the Invention, Utility Model or Industrial Design
Article 14 Patent Infringement
Section V Patent Grant
Article 15 Filing of Patent Application for an Invention, Utility Model or Industrial Design
Article 16 Application for an Invention Patent
Article 17 Application for the Grant of a Utility Model Patent
Article 18 Application for the Grant of an Industrial Design Patent
Article 19 Priority of the Invention, Utility Model or Industrial Design
Article 20 Amendment or Correction of Invention, Utility Model or Industrial Design Application Documents
Article 21 Examination of Patent Application
Article 22 Provisional Protection
Article 23 Examination of Utility Model Applications
Article 24 Examination of Industrial Design Application
Article 25 Publication of Information about the Grant of Patent
Article 26 Registration of Inventions, Utility Models and Industrial Designs; Grant of Patents
Article 27 Withdrawal of Application for Grant of Patent for Invention, Utility Model or Industrial Design
Article 28 Conversion of Application
Section VI LAPSE AND RENEWAL OF PATENT
Article 29 Invalidation of Patent, Utility Model or Industrial Design
Article 30 Early Termination of a Patent for Invention, Utility Model or Industrial Design
Article 30-1 Restoration of Patent for Invention, Utility Model or Industrial Design. Right of Post-grant Use
Section VI-1 PROTECTION OF SECRET INVENTIONS
Article 30-2 Filing and Processing of Applications for the Grant of a Patent for a secret Invention
Article 30-3 Registration and Grant of Patent for Secret Invention. Information about Secret Inventions
Article 30-4 Changes in Security Classification Rating and Declassification of Inventions
Article 30-5 Invalidation of Patent for Secret Invention
Article 30-6 Exclusive Right to Secret Invention
Section VII PROTECTION OF RIGHTS OF PATENT OWNERS AND INVENTORS
Article 31 Settlement of Disputes in Court Proceedings
Article 32 Responsibility for Breaching This Law
Section VIII FINAL PROVISIONS
Article 33 Patent Fees
Article 34 Promotion by the State of the Creation and Use of Inventions, Utility Models and Industrial Designs
Article 35 Patenting of Inventions or Utility Models Abroad
Article 36 Rights of Foreign Nationals and Legal Entities
Article 37 International Treaties
Article 37-1 International and Eurasian Applications Having the Effect of Applications Regulated by this Law
Article 37-2 Eurasian Patent and Patent of the Russian Federation for Identical Inventions
Section I General Provisions
Article 1 Relations Governed by the Law
This Law shall govern relations arising in connection with legal protection and use of inventions, utility models and industrial designs.
Article 2 Federal executive authority on intellectual property
The Federal executive authority on intellectual property shall carry out government policy in the field of legal protection of inventions, utility models and industrial designs and shall perform functions in this field as provided hereunder.
The Federal executive authority on intellectual property in cases, stipulated hereunder, shall issue in accordance with its competence regulatory acts on the application of this Law.
Article 3 Legal Protection of Inventions, Utility Models and Industrial Designs
(1) The rights in inventions, utility models and industrial designs shall be protected by Law and shall be certified by invention patents, utility model patents and industrial design patents.
(2) The patent shall certify the priority date and the authorship of the invention, utility model or industrial design and the exclusive right to the invention, utility model or industrial design.
(3) The term of an invention patent shall be 20 years from the date of receipt of the application by the Federal executive authority on intellectual property.
The term of an invention patent for a medication, a pesticide or agrochemical, the utilization of which requires a duly issued permission, shall be extended by the Federal executive authority on intellectual property upon request from the patent owner, by a period counted from the date of the application for invention to the date of receipt of such first permission minus five years. Whereas the term of extension for the invention patent may not exceed five years. The said request shall be submitted during the validity term of the patent within six months from the date of receipt of such permission or date of patent grant depending on which expires later.
The term of a utility model patent shall be five years from the date of receipt of the application by the Federal executive authority on intellectual property. The term may be extended by the Federal executive authority on intellectual property, at the request of the patent owner, for a period not exceeding three years.
The term of an industrial design patent shall be 10 years from the date of receipt of the application by the Federal executive authority on intellectual property. The term of an industrial design patent may be extended by the Federal executive authority on intellectual property, at the request of the patent owner, for a period not exceeding five years.
Procedures for extending the term of a patent for an invention, utility model or industrial design shall be established by the Federal executive authority on intellectual property.
When calculating the term, as provided hereunder, of a patent for an invention, utility model or industrial design, granted on the basis of divisional applications, the date of the application receipt shall be the date of receipt of the initial application by the Federal executive authority on intellectual property.
(4) The scope of the legal protection conferred by an invention patent or utility model patent shall be determined by the claims. The description and drawings may be used to interpret the claims.
The scope of the legal protection conferred by an industrial design patent shall be determined by the sum of its essential features as shown on the representations of the article and listed in the list of the industrial design’s essential features.
(5) Provisions of this Law shall apply to secret inventions (inventions containing information that represents state secret) alongside with the special terms of their protection and utilization prescribed in Section VI-1 of the present Law.
No legal protection shall be granted under this Law for utility models and industrial designs that have been declared secret by the State.
Section II Conditions of Patentability
Article 4 Conditions of Patentability of Inventions
(1) A technical solution in any area, relating to a product (for instance a device, substance, microorganism strain, cell culture of plants or animals) or process (process of affecting a material object using material means) shall be protected as an invention.
An invention shall be granted legal protection if it is new, involves an inventive step and is industrially applicable.
An invention shall be deemed new if it is not anticipated by prior art.
An invention shall involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
The state of the art shall consist of any kind of information published anywhere in the world, and made available to the public, before the priority date of the invention.
When the novelty of an invention is determined, the state of the art shall also include, on condition of their earlier priority, all applications filed in the Russian Federation by other applicants for inventions and utility models, to the documents of which any person is entitled to get access as per Paragraph 6 of Article 21 or as per part two of Article 25 of the present Law, and inventions and utility models that have been patented in the Russian Federation.
An invention shall be deemed industrially applicable if it can be used in industry, agriculture, public health and other sectors of the economy.
Such disclosure of information, relating to the invention, by the author, applicant or any person having obtained the information directly or indirectly from them, that made information on the essence of the invention public, shall not be deemed as rendering the invention unpatentable, if the application for the invention were filed with the Federal executive authority on intellectual property within six months after said disclosure of information.
The burden of proof of the foregoing shall be on the applicant.
(2) The following shall not be recognized as patentable inventions under the present Law:
- discoveries, as well as scientific theories and mathematical methods;
- proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;
- rules and methods of games, intellectual or business activities;
- computer software;
- proposals on presentation of information.
The present provisions mean that the above listed shall not be deemed inventions only if the application for grant of patent for an invention refers to the above subject matter per se.
(3) The following shall not be deemed patentable under the present Law:
- plant varieties and animal breeds;
- topographies of integrated circuits;
- proposals that are contrary to public interest, humanitarian principles or morality.
Article 5 Conditions of Patentability of Utility Models
(1) A technical solution relating to a devise shall be protected as a utility model.
A utility model shall be recognized as patentable if it is new and industrially applicable.
A utility model shall be new if the sum of its essential features is not anticipated by prior art.
The state of the art shall include any kind of information published anywhere in the world and made available to the public, before the priority date of the claimed utility model, concerning devices of similar function and the use thereof in the Russian Federation. The state of the art shall also include, on condition of their earlier priority, all applications filed in the Russian Federation by other applicants for inventions and utility models, to the documents of which any person is entitled to get access as per Paragraph 6 of Article 21 or as per part two of Article 25 of the present Law, and inventions and utility models that have been patented in the Russian Federation.
A utility model shall be industrially applicable if it can be used in industry, agriculture, public health and other sectors of the economy.
Disclosure of information, relating to the utility model, by the author, applicant or any person having obtained the information directly or indirectly from them, that made information on the essence of the utility model public, shall not be deemed as rendering the utility model unpatentable, if the application for the utility model were submitted to the Federal executive authority on intellectual property within six months after said disclosure of information. The burden of proof of the foregoing shall be on the applicant.
(2) The following shall not be protected as utility models: