Patents.

Rights on inventions, utility models and industrial designs are protected. A patent certifies the priority, the authorship and the exclusive right to the invention, utility model or industrial design.

The application for the grant of a patent for an invention, utility model or industrial design must be filed with the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent). Communication with the Rospatent may be carried out through a patent attorney, registered with the Rospatent or the patent owner himself. Individuals with permanent residence outside the Russian Federation, or foreign legal entities or their patent attorneys, normally deal with the Rospatent through patent attorneys.

A technical solution in any area, relating to a product (for instance a device, substance, micro-organism strain, cell culture of plants or animals) or process (process of affecting a material object using material means) is protected as an invention if it is new, involves an inventive step and is industrially applicable. An invention is deemed new if it is not anticipated by prior art. An invention involves an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. An invention is deemed industrially applicable if it can be used in industry, agriculture, public health and other sectors of the economy.

The term of an invention patent is 20 years from the date of receipt of the application by the Rospatent.

A technical solution relating to a device is protected as a utility model if it is new and industrially applicable. The term of a utility model patent is ten years from the date of receipt of the application by Rospatent. The term may be extended by Rospatent at the request of the patent owner for a period not exceeding three years.

An artistic-design presentation of an article that defines its outward appearance is protected as an industrial design. An industrial design is granted protection if it is new and original. The term of an industrial design patent is 15 years from the date of receipt of the application by Rospatent. The term of an industrial design patent may be extended for a period not exceeding ten years.

An individual whose creative work resulted in the invention, utility model or industrial design is recognised as the author. Where an invention, utility model or industrial design results from joint creative work of two or more people, those persons are recognised as co-authors. A person is not recognised as co-author where he/she has not made a creative contribution, but has simply given the author (or authors) technical, organisational or material assistance or helped in securing the legal rights in the industrial property. The authorship right is an inalienable personal right and protected permanently.

A patent is granted to the author or, in some cases, to his/her employer or legal successors of these persons. The right to be granted a patent for an invention, utility model or industrial design, created by an employee in connection with fulfilment of his/her employment obligations or a specific task of the employer belongs to the employer, unless otherwise agreed in the contract between the parties.

The patent owner has an exclusive right to the invention, utility model or industrial design and none has the right to use the IP without permission from the patent owner. The right to use the IP can be granted by a contract, which must be done in writing and registered with Rospatent. Unregistered contract is void.

Any person, whether a natural person or a legal entity, who, before the priority date of the patented invention, utility model or industrial design and independently of the inventor, had conceived and was using in good faith in the territory of the Russian Federation a solution similar to the patented invention, utility model or industrial design or was making the necessary preparations for such use, has the right to proceed with that use free of charge, provided that the scope is not extended.

 

 

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