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PATENT LAW No. 3517-1 OF THE RUSSIAN FEDERATION OF SEPTEMBER 23, 1992 As amended by: 1. 2. 3. Federal Law No. 150-FZ of December 27, 2000; Federal Law No. 194-FZ of December 30, 2001; Federal Law No. 176-FZ of December 24, 2002.

SECTION I GENERAL PROVISIONS Article 1 Relations Governed by this Law

This Law and legislative acts of constituent republics of the Russian Federation which are adopted on the basis thereof shall govern property and related personal non-property relations which arise in connection with the creation, legal protection and use of inventions, utility models and industrial designs (hereinafter referred to as "industrial property assets"). Article 2 The State Patent Office of the Russian Federation

In accordance with this Law, the State Patent Office of the Russian Federation (hereinafter referred to as the "Patent Office") shall conduct a uniform policy in relation to the protection of industrial property assets in the Russian Federation, consider applications for inventions, utility models and industrial designs and carry out the examination and State registration thereof, issue patents, publish official information, issue patent rules and explanations relating to the application of this Law and perform other functions in accordance with the Statute concerning that Office which is approved by the President of the Russian Federation. The sources of financing for the activities of the Patent Office shall be patent fees, resources of the republican budget of the Russian Federation and payments for services and materials which are provided by the Patent Office. E&Y Note. The force of the second part of this Article insofar as it concerns the use of patent fees as a source of financing for the activities of the Patent Office was suspended from January 1 to December 31, 2003 by Federal Law No. 176-FZ of December 24, 2002. E&Y Note. The force of the second part of this Article insofar as it concerns the use of patent

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fees as a source of financing for the activities of the Patent Office was suspended from January 1 to December 31, 2002 by Federal Law No. 194-FZ of December 30, 2001. E&Y Note. The force of the second part of this Article insofar as it concerns the use of patent fees as a source of financing for the activities of the Patent Office was suspended from January 1 to December 31, 2001 by Federal Law No. 150-FZ of December 27, 2000. Article 3 1. Legal Protection of an Invention, Utility Model or Industrial Design Rights to an invention, utility model or industrial design shall be protected by law and shall be confirmed by a patent for an invention, a certificate for a utility model or a patent for an industrial design (hereinafter referred to as "patent"). A patent shall certify the priority and authorship of an invention, utility model or industrial design and the exclusive right to the use thereof. An invention patent shall be valid for a period of twenty years commencing from the date on which the application is received by the Patent Office. A utility model certificate shall be valid for a period of five years commencing from the date on which the application is received by the Patent Office. The validity of a utility model certificate may be extended by the Patent Office upon petition of the patent holder, but not by more than three years. An industrial design patent shall be valid for a period of ten years commencing from the date on which the application is received by the Patent Office. The validity of an industrial design patent may be extended by the Patent Office upon petition of the patent holder, but not by more than five years. 4. The extent of legal protection provided by an invention patent or a utility model certificate shall be determined by their claims, and the extent of legal protection provided by an industrial design patent shall be determined by the sum of its essential features as represented in photographs of the article (model, drawing). Legal protection shall not be granted in accordance with this Law for inventions, utility models and industrial designs which have been declared secret by the State. The procedure for handling secret inventions, utility models and industrial designs shall be regulated by special legislation of the Russian Federation.

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SECTION II CONDITIONS OF PATENTABILITY Article 4 1. Conditions of Patentability of an Invention

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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 known from the state of the art. An invention shall involve an inventive step if, for a specialist, it does not derive in an obvious manner from the state of the art. The state of the art shall include any information which has become generally accessible in the world by the priority date of the invention. In establishing the novelty of an invention, all applications filed in the Russian Federation for inventions and utility models (except for those which have been withdrawn) and all inventions and utility models which have been patented in the Russian Federation shall be included in the state of the art provided that they have an earlier priority. An invention shall be considered to be industrially applicable if it can be used in industry, agriculture, health care and other spheres of activity. The disclosure of information relating to an invention by the author, applicant or any other person who has received such information from them directly or indirectly, as a result of which information on the nature of the invention has become generally accessible, shall not be considered a circumstance obstructing acknowledgement of the patentability of an invention provided that the invention application is filed with the Patent Office not later than six months after the date of disclosure of the information. In this respect, the obligation to prove this fact shall be incumbent upon the applicant.

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The following may be the subject-matter of an invention: a device, a method, a substance, a microorganism strain, plant or animal cell cultures and a new application of an already known device, method, substance or microorganism strain. The following shall not be regarded as patentable inventions: - scientific theories and mathematical methods; - methods of economic organization and management; - conventional signs, schedules and rules; - methods for performing mental operations; - algorithms and programs for computers; - projects and plans for installations, buildings and areas of land;

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- proposals concerning only the outward appearance of articles and intended to satisfy aesthetic requirements; - topographies of integrated microcircuits; - plant varieties and animal breeds; - proposals which are contrary to the public interest and humanitarian and moral principles. Article 5 1. Conditions of Patentability of a Utility Model Utility models shall be understood to be the constructive use of means of production and consumer articles and of constituent parts thereof. A utility model shall be granted legal protection if it is new and industrially applicable. A utility model shall be deemed new if the sum of its essential features is not known from the state of the art. The state of the art shall include any information published in the world and made generally accessible before the priority date of the utility model concerning devices having the same function as the utility model for which the application is made, and information concerning the use thereof in the Russian Federation. All applications filed in the Russian Federation by other persons for inventions and utility models (except for those which have been withdrawn) and inventions and utility models which have already been patented in the Russian Federation shall be included in the state of the art provided that they have an earlier priority. A utility model shall be industrially applicable if it can be used in industry, agriculture, health care and other spheres of activity. The disclosure of information relating to a utility model by the author, applicant or any other person who has received such information from them directly or indirectly, as a result of which information on the nature of the utility model has become generally accessible, shall not be considered a circumstance obstructing acknowledgement of the patentability of the utility model provided that the utility model application is filed with the Patent Office not later than six months after the date of disclosure of the information. In this respect, the obligation to prove this fact shall be incumbent upon the applicant. 2. The following shall not be granted legal protection as utility models: - methods, substances, microorganism strains and plant and animal cell cultures, and new applications thereof; - the objects referred to in clause 3 of Article 4 of this Law.

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Article 6 1. Conditions of Patentability of an Industrial Design

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An industrial design shall be understood to be the artistic and structural design of an article which determines its outward appearance. An industrial design shall be granted legal protection if it is new, original and industrially applicable. An industrial design shall be deemed to be new if the sum of its essential features which determine the aesthetic and (or) ergonomic characteristics of the article is not known from information which has become generally accessible in the world before the priority date of the industrial design. In establishing the novelty of an industrial design, account shall be taken of all industrial design applications which have been filed by other persons in the Russian Federation (except for those which have been withdrawn), and of industrial designs which have been patented in the Russian Federation, provided that they have earlier priority. An industrial design shall be deemed original if its essential features determine the creative character of the aesthetic characteristics of the article. An industrial design shall be deemed to be industrially applicable if it can be repeatedly reproduced by means of manufacturing the corresponding article. The disclosure of information relating to an industrial design by the author, applicant or any other person who has received such information from them directly or indirectly, as a result of which information on the nature of the industrial design has become generally accessible, shall not be considered to be a circumstance obstructing acknowledgement of the patentability of the industrial design provided that the industrial design application is filed with the Patent Office not later than six months after the date of disclosure of the information. In this respect, the obligation to prove this fact shall be incumbent upon the applicant.

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The following designs shall not be recognised as patentable industrial designs: - designs determined solely by the technical function of the article; - designs for architectural projects (except for small architectural forms), industrial, hydraulic engineering and other permanent structures; - designs for printed products per se; - designs for objects of unstable form made from liquid, gaseous, free-flowing or similar substances; - designs for articles which are contrary to the public interest and humanitarian and moral principles.

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SECTION III AUTHORS AND PATENT HOLDERS Article 7 1. 2. Author of an Invention, Utility Model or Industrial Design

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The author of an invention, utility model or industrial design shall be understood to be the physical person by whose creative effort they have been created. In the event that a number of physical persons were involved in creating an industrial property asset, they shall all be regarded as the authors of that asset. The procedure for exercising the rights belonging to the authors shall be determined by an agreement among them. Physical persons who did not make a personal creative contribution to the creation of an industrial property asset and who provided only technical, organizational or material assistance to the author(s) or merely helped to register the rights to the asset and to use the asset shall not be considered as authors.

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The right of authorship shall be an inalienable personal right and shall be protected indefinitely. The Patent Holder Patents shall be issued to: - the author(s) of an invention, utility model or industrial design; - physical persons and (or) legal entities (subject to their consent) designated by the author(s) or the author's (authors') legal successor either in the patent application or in a petition filed with the Patent Office prior to the registration of the invention, utility model or industrial design; - an employer in instances envisaged by clause 2 of this Article.

Article 8 1.

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The right to obtain a patent for an invention, utility model or industrial design which has been created by an employee as a result of performing his employment duties or a specific assignment received from an employer shall belong to the employer unless otherwise stipulated by an agreement between them. In this respect, the author shall have the right to a fee commensurate with the profit which has been received or could have been received by the employer through proper use of the industrial property asset in the event that the employer obtains a patent, transfers the right to obtain a patent to another person, decides to keep the asset secret or fails to obtain a patent on the basis of an application filed by the employer for reasons within the employer's control. The fee shall be payable in an amount and subject to conditions to be determined on the basis of an agreement between them. If, within four months from the date of being notified by the author of the creation of

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an invention, utility model or industrial design, the employer does not file an application with the Patent Office, transfer the right to file an application to another person or notify the author that the object concerned is to be kept secret, the author shall have the right to file an application and obtain a patent in his own name. In this case the employer shall have the right to use the industrial property asset in internal production provided that it pays compensation to the patent-holder in an amount to be determined on a contractual basis. In the event that the parties fail to reach an agreement concerning the amount and procedure for payment of the fee or compensation, the dispute shall be examined in court. Any employer at fault for the late payment of a fee or compensation specified in an agreement shall be held liable in accordance with the civil legislation of the Russian Federation. Other relations arising in connection with an invention, utility model or industrial design created by an employee shall be regulated by the legislation of the Russian Federation concerning employment inventions, utility models and industrial designs. Article 9 The Federal Invention Fund of Russia

The Federal Invention Fund of Russia shall select inventions, utility models and industrial designs, shall acquire the rights of the patent holder to them on a contractual basis and shall assist in using them in the interests of the State. The sources of financing for the Federal Invention Fund of Russia shall be receipts from the sale of licences for industrial property assets for which the Fund owns the patents, voluntary contributions made by enterprises and citizens, and resources of the republican budget of the Russian Federation and other receipts. The Federal Invention Fund of Russia shall carry out its activities in accordance with a charter to be approved by the Government of the Russian Federation. SECTION IV EXCLUSIVE RIGHT TO THE USE OF AN INVENTION, UTILITY MODEL OR INDUSTRIAL DESIGN Article 10 1. Rights and Obligations of the Patent Holder The patent holder shall have an exclusive right to use a patented invention, utility model or industrial design at their own discretion, provided that such use does not violate the rights of other patent holders, including the right to prohibit the use of those objects by other persons except in cases where such use does not constitute a violation of the rights of the patent holder in accordance with this Law. Mutual relations associated with the use of an industrial property asset the patent for which belongs to more than one person shall be determined by an agreement among those persons. In the absence of such an agreement, each of them may use the protected asset at his own discretion, but shall not have the right to grant a licence for

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it or to transfer the patent to another person without the consent of the other proprietors. 2. A product (article) shall be considered to have been manufactured using a patented invention or utility model, and a method protected by an invention patent shall be considered to have been used, if that product (article) incorporates every feature of the invention or utility model included in an independent claim or an equivalent feature. An article shall be considered to have been manufactured using a patented industrial design if it contains all of its essential features. 3. The unauthorized manufacture, use, import, offer for sale, sale, other form of economic use or storage for such purposes of a product which contains a patented invention, utility model or industrial design and the application of a method protected by an invention application or economic use or storage for such purposes of a product manufactured directly by a method which is protected by an invention patent shall constitute a violation of the exclusive right of the patent holder. In this respect, the new product shall be considered to have been obtained using the patented method unless there is proof to the contrary. In the event that a patent holder fails to use or fails to make adequate use of an invention or industrial design within four years, or, in the case of a utility model, three years, from the date on which the patent was issued, any person who is willing and prepared to use the patented industrial property asset, in the event that the patent holder refuses to conclude a licence agreement, may file a petition with the Supreme Patent Chamber of the Russian Federation (hereinafter referred to as the Supreme Patent Chamber) for the grant of a compulsory non-exclusive licence. If the patent holder is unable to prove that there are valid reasons for the failure to use or inadequate use of the industrial property asset, the Supreme Patent Chamber shall grant a licence and determine limits for using it and the rates, deadlines and procedure for payments. Licence payments must be established at amounts not lower than the market price of the licence. If a patent holder is unable to use an invention, utility model or industrial design, but does not in this respect violate the rights of another patent holder, he shall have the right to require that the latter conclude a licence agreement. A patent holder may transfer the patent received to any physical person or legal entity. Agreements on the cession of a patent must be registered at the Patent Office. Any agreement which is not registered shall be considered invalid. Patents for inventions, utility models and industrial designs and the right to receive such a patent shall be passed on by inheritance. Acts Not Recognised as a Violation of the Exclusive Right of a Patent Holder

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Article 11

The following shall not be regarded as a violation of the exclusive right of a patent holder:

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- the use of devices containing inventions, utility models or industrial designs which are protected by patents in the construction or operation of transport facilities (marine, river, air, land and space) of other countries provided that those devices are temporarily or accidentally situated in the territory of the Russian Federation and are used for the requirements of the transport facility. Such act shall not be regarded as a violation of the exclusive right of the patent holder if the transport facilities belong to physical persons or legal entities of countries which grant the same rights to owners of transport facilities in the Russian Federation; - the carrying-out of scientific research or experiments on a device containing the patent-protected invention, utility model or industrial design; - the use of devices containing patent-protected inventions, utility models or industrial designs in emergency situations (natural disasters, other disasters, major accidents) with the subsequent payment to the patent holder of a commensurate amount of compensation; - the use of devices containing patent-protected inventions, utility models or industrial designs for personal ends without deriving income; - the one-time preparation of medicines in pharmacies on the basis of a doctor's prescription; - the use of devices containing patent-protected inventions, utility models or industrial designs provided that these devices are put into economic circulation in a legal fashion. Article 12 Right of Prior Use

Any physical person or legal entity which, before the priority date of an invention, utility model or industrial design, used an identical design in good faith in the territory of the Russian Federation independently of its author, or made the necessary preparations for such use, shall retain the right to continue to use that design free of charge without increasing the scope. A right of prior use may be transferred to another physical person or legal entity only if transferred together with the production unit at which the identical design was used or the necessary preparations for this were made. Article 13 1. Granting of the Right to Use an Invention, Utility Model or Industrial Design Any person who is not a patent holder shall have the right to use a patent-protected invention, utility model or industrial design only with the consent of the patent holder (on the basis of a licence agreement). Under a licence agreement the patent holder (licensor) shall undertake to grant the right to use the protected industrial property asset within the scope provided for by the agreement to another person (the licensee), and the latter shall undertake to make the payments specified by the agreement to the licensor and to perform other actions envisaged by the agreement.

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Under an exclusive licence, the licensee shall be granted the exclusive right to use the industrial property asset within the limits stipulated by the agreement, with the licensor retaining the right of use to the extent not transferred to the licensee; under a non-exclusive licence, the licensor, in granting the right to use the industrial property asset to the licensee, shall retain all the rights which are certified by the patent, including the right to grant licences to third parties. 2. 3. Licence agreements must be registered at the Patent Office and shall be considered invalid unless such registration takes place. The patent holder may file a petition with the Patent Office for the right to use an industrial property asset to be granted to any person (an open licence). In this instance the patent maintenance fee shall be reduced by 50 per cent as from the year following the year in which information on such petition is published by the Patent Office. Any person expressing the wish to use the said industrial property asset shall be obliged to conclude an agreement on payments with the patent holder. Any disputes over the conditions of the agreement shall be examined by the Supreme Patent Chamber. A patent holder's petition for the grant of the right to an open licence may not be withdrawn. 4. In the interests of national security, the Government of the Russian Federation shall have the right to permit the use of an industrial property asset without the consent of the patent holder, provided that it pays the latter a commensurate amount of compensation. Disputes concerning the amount of compensation shall be settled by the Supreme Patent Chamber. Article 14 1. Violation of a Patent Any physical person or legal entity which uses a patent-protected invention, utility model or industrial design in violation of this Law shall be considered a violator of the patent. At the request of the patent holder, the violation of a patent must be discontinued and the physical person or legal entity at fault for the violation of the patent shall be obliged to reimburse the patent holder for losses incurred in accordance with the civil legislation of the Russian Federation. Claims against a violator of a patent may also be presented by the holder of an exclusive licences, unless otherwise stipulated by the licence agreement. SECTION V OBTAINING A PATENT Article 15 Filing of an Application for the Issue of a Patent

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An application for the issue of a patent shall be filed by the author, employer or their legal successor (hereinafter referred to as the "applicant") with the Patent Office. The petition for the issue of a patent shall be submitted in Russian. Other application documents may be submitted in Russian or in another language. Where application documents are submitted in another language, a Russian translation of those documents shall be attached to the application. The applicant may present the translation into Russian within two months of the application containing documents in other languages being received by the Patent Office. An application may be filed through a patent agent registered with the Patent Office. Physical persons who reside outside the boundaries of the Russian Federation and foreign legal entities or their patent agents shall conduct dealings associated with the obtaining and maintenance of patents through patent agents registered with the Patent Office. The powers of a patent agent shall be confirmed by a power of attorney issued to it by the applicant. The requirements relating to a patent agent and the procedure for the certification and registration thereof shall be determined by the Statute Concerning Patent Agents, to be approved by a decree of the Government of the Russian Federation.

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Application for the Issue of an Invention Patent An application for the issue of an invention patent (hereinafter referred to as an "invention application") must relate to one invention or to a group of inventions which are so interrelated as to form a single inventive concept (the unity of invention requirement). An invention application must contain the following: - a petition for the issue of a patent, indicating the author(s) of the invention and the person(s) in whose name(s) the patent is sought, and their residential address or location; - a description of the invention, providing information sufficient to put it into effect; - the claims, expressing the general nature of the invention and fully supported by the description; - drawings and other materials if these are necessary in order to understand the nature of the invention; - an abstract. The invention application shall be accompanied by a document confirming payment of the prescribed fee or grounds for exemption from the payment of the fee or for a reduction of the amount thereof.

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Requirements relating to the documents in an invention application shall be established by the Patent Office. Application for the Issue of a Utility Model Certificate An application for the issue of a utility model certificate (hereinafter referred to as a "utility model application") must relate to one utility model or to a group of utility models which are so interrelated as to form a single creative concept (the unity of utility model requirement). A utility model application must contain: - a petition for the issue of a certificate, indicating the author(s) of the utility model and the person(s) in whose name(s) the certificate is sought, and their residential address or location; - a description of the utility model, providing information sufficient to put it into effect; - the claims of the utility model, expressing its general nature and fully supported by the description; - drawings; - an abstract. A utility model application shall be accompanied by a document confirming the payment of the prescribed fee or grounds for exemption from payment of the fee or for a reduction of the amount thereof.

Article 17 1.

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Requirements relating to the documents in a utility model application shall be established by the Patent Office.

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Article 18 1. Application for the Issue of an Industrial Design Patent

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An application for the issue of an industrial design patent (hereinafter referred to as an "industrial design application") must relate to a single industrial design and may include variations on that design (the unity of industrial design requirement). An industrial design application must contain: - a petition for the issue of a patent, indicating the author(s) of the industrial design and the person(s) in whose name(s) the patent is sought, and their residential address and location; - a set of photographs depicting the article, model or illustration providing a full, detailed representation of the outward appearance of the design; - a drawing of the general appearance of the article, an ergonomic diagram and an assembly chart if these are necessary in order to reveal the nature of the industrial design; - a description of the industrial design, including a list of its essential features. An industrial design application shall be accompanied by a document confirming payment of the prescribed fee or grounds for exemption from payment of the fee or for a reduction of the amount thereof.

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Requirements relating to the documents included in an industrial design application shall be established by the Patent Office. Priority of an Invention, Utility Model or Industrial Design The priority of an invention shall be established on the basis of the date on which the Patent Office receives the application containing a petition for the issue of a patent, a description, the claims and drawings if these are referred to in the description. The priority of a utility model shall be established on the basis of the date on which the Patent Office receives the application containing a petition for the issue of a certificate, a description, the claims and drawings. The priority of an industrial design shall be established on the basis of the date on which the Patent Office receives the application containing the petition for the issue of a patent, a set of photographs and a description.

Article 19 1.

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Priority may be established on the basis of the date on which the first application is filed in a state party to the Paris Convention for the Protection of Industrial Property (convention priority), if the application for an invention or utility model was received at the Patent Office within twelve months or the application for an industrial design within six months from that date. If an application seeking convention priority could not be filed within that deadline owing to circumstances beyond the control of the applicant, the deadline may be extended, but not for more than two months.

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An applicant wishing to avail himself of the right of convention priority shall be obliged to indicate this when filing an application or within two months of the date on which the application is received by the Patent Office, and shall include a copy of the first application or present such a copy not later than three months from the date on which the application is received by the Patent Office. 3. Priority may be established on the basis of the date on which supplementary materials are received, if those materials have been prepared by the applicant as an independent application which is filed before the expiry of a three-month period from the date on which the applicant receives notification from the Patent Office that the supplementary materials cannot be accepted for consideration owing to the fact that they are deemed to alter the nature of the design for which the application is made. Priority may be established on the basis of the date on which the Patent Office received an earlier application from the same applicant disclosing the invention, utility model or industrial design, provided that the application for which such priority is sought is received not later than twelve months from the date of receipt of an earlier invention application and not later than six months from the date of receipt of an earlier utility model or industrial design application. In this respect, the earlier application shall be deemed to have been withdrawn. Priority may be established on the basis of several previously filed applications, provided that the conditions specified for each of them are observed. Priority may not be established on the basis of the date of receipt of an application under which an earlier priority has already been sought. 5. The priority of an invention, utility model or industrial design for a divisional application shall be established on the basis of the date on which the Patent Office received the initial application disclosing them, provided that the divisional application is received prior to a decision being taken on the initial application to refuse to grant a patent when all possibility of appealing such a decision has been exhausted, or, in the event that a patent is granted on the basis of that application, before the date on which it is registered in the State register. If it is established during the process of an examination that identical industrial property assets have the same priority date, then a patent may be issued for the application whose date of despatch to the Patent Office is proven to be the earlier, or, in the event that the dates coincide, for the patent which has the earlier Patent Office registration number, unless otherwise stipulated by an agreement between the applicants. Correction of Application Documents on the Initiative of the Applicant

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Article 20

For a period of two months from the date on which an application is received, the applicant shall have the right to make corrections and revisions to the materials without altering the nature of the invention, utility model or industrial design for which the application is made.

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Subject to payment of a fee, corrections and revisions may be presented in relation to an invention application after the expiry of the above-mentioned time limit, but not later than a decision is adopted on the results of the substantive examination. Such corrections and revisions shall be taken into account when publishing information on an invention application if they are received by the Patent Office within twelve months from the date on which the application is received. Article 21 1. Examination of an Invention Application Upon the expiration of two months from the date on which an application is received, the Patent Office shall carry out a formal examination of that application. On the applicant's written petition, the formal examination may be commenced prior to the expiration of that time period. In this case, from the moment when the petition is received the applicant shall lose the rights envisaged by the first part of Article 20 of this Law to make corrections and revisions to the application documents on his own initiative without payment of a fee. During the formal examination of an application it shall be verified that the necessary documents are present and comply with the established requirements for those documents, and it shall be considered whether or not the proposal in the application is among the objects for which legal protection is granted. 2. If, in accordance with Article 20 of this Law, the applicant submits supplementary materials for the application, during the examination it shall be checked whether or not they alter the nature of the invention for which the application is made. Supplementary materials shall be considered to alter the nature of the invention for which the application is made if they contain features for inclusion in the claims of the invention which were absent from the initial application materials. Insofar as they alter the nature of the invention for which the application is made, supplementary materials shall not be taken into account when examining the application and may be prepared by the applicant as an independent application. 3. The applicant shall be notified of the positive result of a formal examination and the establishment of a priority in accordance with clause 1 of Article 19 of this Law. If, as a result of the formal examination, it is established that the application has been made for a proposal which cannot be classified as a patentable object, a decision shall be taken to refuse to issue a patent. An objection against such a decision may be lodged with the Appeal Chamber of the Patent Office within two months from the date on which the applicant receives the decision. The objection must be considered by the Appeal Chamber of the Patent Office within two months from the date on which it is received. In the event that an application is prepared in violation of the document requirements, the applicant shall be sent a notice requesting presentation of the corrected or missing documents within two months from the date of receipt of that notice. In the event that the applicant does not, within that time limit, submit the requested materials or a petition for an extension of the time limit, the application shall be deemed to have been withdrawn.

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In the event that an application filed is in violation of the unity requirement, the applicant shall be granted two months from the date on which he receives the relevant notification to make it known which of the inventions should be considered and, where necessary, to make revisions to the application documents. Other inventions included in the materials of the initial application may be presented as divisional applications. In the event that the applicant fails to make it known which proposal should be considered or to submit revised documents within two months from the date of receiving notification of the violation of the unity requirement, the first proposal indicated in the claims shall be considered.

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After eighteen months have elapsed from the date of receiving an application which has undergone a formal examination with a favourable result, the Patent Office shall publish information on the application, except where the application has been withdrawn. The content of the published information shall be determined by the Patent Office. Following the publication of information on an application, any person shall have the right to inspect the application materials. On the applicant's petition, the Patent Office may publish information on an application before the above-mentioned time period has elapsed. The author of an invention shall have the right to refuse to be mentioned as such in information on an application which is published.

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Upon petition of the applicant or third parties, which may be lodged at any time within three years from the date on which an application is received, the Patent Office shall carry out a substantive examination of the application, which shall include the establishment of the priority of the invention, if this was not established during the formal examination, and a check as to the patentability of the invention. If a petition for the performance of such an examination is not filed within the above-mentioned time period, the application shall be considered to have been withdrawn. The Patent Office shall notify the applicant of any petitions received from third parties. During the performance of a substantive examination of an application, the Patent Office shall have the right to request from the applicant supplementary materials without which it is impossible to carry out the examination, including amended invention claims. Supplementary materials requested by the examiner must be submitted without changing the nature of the invention within two months from the date on which the applicant receives the request or copies of the materials opposing the application, provided that those copies were requested by the applicant within one month from the date of receiving the examiner's request. In the event that the applicant fails, within that time period, to submit the requested materials or a request for an extension of the established time limit, the application shall be deemed to have been withdrawn. The procedure established by clause 2 of this Article shall apply to supplementary materials insofar as they do not alter the nature of the invention.

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If, as the result of the substantive examination of the application, the Patent Office establishes that the invention for which the application is made, as expressed by the claims proposed by the applicant, meets the conditions of patentability, a decision shall be taken to issue a patent with those claims. Should it be established that the invention for which the application is made, as expressed by the claims proposed by the applicant, does not meet the conditions of patentability, a decision shall be taken to refuse to issue a patent. The applicant may file an objection against a decision to refuse to issue a patent with the Appeal Chamber of the Patent Office within three months from the date of receiving the decision or copies requested from the Patent Office of the materials opposing the application, provided that the applicant requests them within two months from the date of receiving the decision. The objection must be considered by the Appeal Chamber of the Patent Office within four months from the date on which it is received. 9. In the event that the applicant does not agree with the decision of the Appeal Chamber of the Patent Office, he may, within six months from the date of receiving the decision, file an appeal with the Supreme Patent Chamber. The decision of the Supreme Patent Chamber shall be final. The applicant and third parties may petition for an information search to be carried out in relation to an application which has successfully passed a formal examination, in order to determine the state of the art against which the novelty and inventive step of the proposal concerned is to be assessed. The procedure for carrying out such a search and presenting information on it shall be established by the Patent Office. The applicant shall have the right to acquaint himself with all materials referred to in an examiner's request, an examiner's decision or a search report. Copies of patent materials requested by the applicant shall be sent by the Patent Office within one month from the date on which the applicant's request is received. The time limits envisaged by this Article, with the exception of the time limits established by clauses 7 and 9, when missed by the applicant, may be renewed by the Patent Office provided that valid reasons are established and the fee is paid. The applicant may file a petition for the renewal of a time limit not later than twelve months from the date of expiry of the missed time limit. Article 22 1. Temporary Legal Protection An invention for which an application is made shall be granted temporary legal protection to the extent of the published claims from the date of publication of information concerning the application up to the date of publication of information concerning the issue of a patent. Temporary legal protection shall be deemed void in the event that a decision is adopted to refuse to issue a patent and every possibility of appealing the decision has

10.

11.

12.

2.

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been exhausted. 3.

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A physical person or legal entity which uses an invention for which an application has been made during the period referred to in clause 1 of this Article, shall pay monetary compensation to the patent holder after a patent has been received. The amount of compensation shall be determined by an agreement between the parties. The regulations of clause 3 of this Article shall apply to inventions, utility models and industrial designs from the date on which the applicant informs the person using them of the patent application filed, if, with respect to inventions, that date is earlier than the date of publication of information on the application, or, with respect to utility models and industrial designs, that date is earlier than the date of publication of information concerning the issue of a patent. Examination of a Utility Model Application During the examination of a utility model application, conformity with the conditions of patentability established by clause 1 of Article 5 of this Law shall not be checked. A certificate shall be issued on the responsibility of the applicant without a guarantee of validity. When conducting a formal examination of a utility model application, the provisions contained in clauses 1 to 5 of Article 21 of this Law shall apply accordingly. If, as the result of the examination, it is established that the application has been filed for a proposal which may be classified as a patentable object and that the application documents have been correctly prepared, a decision shall be adopted to issue a certificate. The applicant and third parties shall have the right to petition for an information search to be carried out in relation to a utility model application in order to determine the state of the art against which the patentability of the utility model is to be assessed. The procedure for carrying out such an information search and for presenting information on it shall be determined by the Patent Office. Following the publication of information concerning the issue of a utility model certificate, any person shall have the right to familiarize himself with the application materials. Examination of an Industrial Design Application The Patent Office shall carry out a formal examination and a substantive examination of an industrial design application. When carrying out a formal examination of an industrial design application, the provisions contained in clauses 1 to 5 of Article 21 of this Law shall apply accordingly. In the event that the result of the formal examination is favourable, a substantive

4.

Article 23 1.

2.

3.

4.

Article 24 1. 2.

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examination shall be carried out.

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When carrying out a substantive examination of an application, the provisions contained in clauses 8, 9, 11 and 12 of Article 21 of this Law shall apply accordingly. 3. Following the publication of information concerning the issue of a patent for an industrial design, any person shall have the right to acquaint himself with the application materials. Publication of Information on the Issue of a Patent

Article 25

Once a decision to issue a patent has been adopted, and provided that the applicant pays the fee for the issue of the patent, the Patent Office shall publish information concerning the issue of the patent in its official bulletin, including the name of the author(s), unless the latter has (have) declined to be mentioned as such, the name of the patent holder, the title and claims of an invention or utility model or a list of the essential features of an industrial design and a depiction thereof. The full composition of information to be published shall be determined by the Patent Office. Article 26 1. The Registration of an Invention, Utility Model or Industrial Design and the Issue of a Patent At the same time as it publishes information on the issue of a patent, the Patent Office shall enter the invention, utility model or industrial design in the State Register of Inventions of the Russian Federation, the State Register of Utility Models of the Russian Federation or the State Register of Industrial Designs of the Russian Federation accordingly, and shall issue the patent to the person in whose name it was sought. In the event that the patent was sought in the name of two or more persons, a single patent shall be issued to those persons. 2. 3. The form of the patent and the composition of information provided therein shall be established by the Patent Office. At the patent holder's request, the Patent Office shall amend any obvious or technical errors in the patent issued. Withdrawal of an Application

Article 27

An applicant shall have the right to withdraw his application before the publication of information on an invention application, but not later than the date of its registration, or before the date of registration of an industrial design or utility model. Article 28 Conversion of Applications

Before information on an invention application is published, the applicant shall have the right to

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convert it into a utility model applications by means of filing an appropriate application. A utility model application may be converted into an invention application before a decision to issue a certificate is adopted thereon. In instances where such conversions occur, the priority of the first application shall be preserved. SECTION VI TERMINATION OF A PATENT Article 29 1. a) b) Contesting of a Patent A patent may be contested and invalidated in whole or in part at any time during its life in the following instances: in the event that the protected industrial property asset does not meet the conditions of patentability established by this Law; in the event that there are features in the claims of an invention or utility model or in the sum of the essential features of an industrial design which were absent from the original application materials; in the event that the reference to the author(s) or patent holder(s) in the patent is inaccurate. An objection against the issue of a patent on the grounds envisaged by subsections a) and b) of clause 1 of this Article must be considered by the Appeal Chamber within six months from the date on which it is received; the patent holder must be informed of the objection. In this respect the Appeal Chamber shall consider the objection only within the limits of the grounds on which it is based. In the event of disagreement with the decision of the Appeal Chamber on an objection against the issue of a patent, any of the parties may, within six months of the decision being taken, file an appeal with the Supreme Patent Chamber, whose decision shall be final. Early Termination of a Patent A patent shall be terminated early: - in the event that the patent is wholly invalidated in accordance with Article 29 of this Law; - on the basis of a petition filed with the Patent Office by the patent holder; - in the event of a failure to pay patent maintenance fees within the established time limit. 2. The Patent Office shall publish information concerning the early termination of a

c) 2.

3.

Article 30 1.

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patent in its official bulletin.

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SECTION VII PROTECTION OF THE RIGHTS OF PATENT HOLDERS AND AUTHORS Article 31 Judicial Examination of Disputes

Disputes associated with the application of this Law shall be examined according to the procedure established by the legislation of the Russian Federation. Courts, including arbitration courts and mediation courts, shall examine the following disputes in accordance with their competence: - disputes concerning authorship of an invention, utility model or industrial design; - disputes concerning the establishment of the patent holder; - disputes concerning violations of the exclusive right to use a protected industrial property asset and other property rights of the patent holder; - disputes concerning the conclusion and execution of licence agreements for the use of a protected industrial property asset; - disputes concerning the right of prior use; - disputes concerning the payment of compensation to an author by an employer in accordance with clause 2 of Article 8 of this Law; - disputes concerning the payment of the compensations envisaged by this Law, except in the instance envisaged in clause 4 of Article 13 of this Law; - other disputes associated with the protection of rights which are certified by a patent, except for disputes which come under the competence of the Supreme Patent Chamber. Article 32 Liability for the Violation of Authors' Rights

The usurpation of authorship, the use of coercion to gain co-authorship and the illegal disclosure of information concerning an industrial property asset shall entail criminal liability in accordance with the legislation of the Russian Federation. SECTION VIII FINAL PROVISIONS Article 33 Patent Fees

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Patent fees shall be charged for the performance of legally significant acts relating to a patent. Patent fees shall be payable to the Patent Office. A list of acts for the performance of which patent fees are charged, the size of the fees and time limits for the payment thereof and grounds for exemption from the payment of fees or for a reduction of the amount thereof or the refund of fees shall be established by the Government of the Russian Federation. Article 34 State Encouragement of the Creation and Use of Industrial Property Assets

The State shall encourage the creation and use of industrial property assets, establish preferential conditions of taxation and credit provision for authors and economic entities which use such assets and grant them other privileges in accordance with the legislation of the Government of the Russian Federation. Article 35 Patenting of an Industrial Property Asset in Foreign Countries

The patenting in foreign countries of inventions, utility models and industrial designs which were created in the Russian Federation shall be carried out not earlier than three months after an application is filed with the Patent Office. Where necessary, the Patent Office may permit the patenting of inventions, utility models and industrial designs in foreign countries before that time has elapsed.

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Article 36 The Rights of Foreign Physical Persons and Legal Entities

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Foreign physical persons and legal entities shall enjoy the rights envisaged by this Law on an equal basis with physical persons and legal entities of the Russian Federation by virtue of international agreements of the Russian Federation or on the basis of the principle of reciprocity. Article 37 International Agreements

Should an international agreement of the Russian Federation establish rules which differ from those contained in this Law, the rules of the international agreement shall apply.

President of the Russian Federation

B. Yeltsin

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DECREE No. 3518-1

PATENT LAW

OF THE SUPREME SOVIET OF THE RUSSIAN FEDERATION OF SEPTEMBER 23, 1992 Concerning Implementation of the Patent Law of the Russian Federation

The Supreme Soviet of the Russian Federation decrees: 1. 2. 3. That the Patent Law of the Russian Federation shall be implemented as from the date of its publication. That the Patent Law of the Russian Federation shall apply to legal rights and obligations arising after this Law has been implemented. That previously issued documents of the USSR protecting rights to inventions and industrial designs shall be acknowledged as valid in the territory of the Russian Federation. Any person who, prior to July 1, 1991, made the necessary preparations for the use of an invention which is protected by a patent of the USSR and whose period of validity has been extended in accordance with the Decree of the Supreme Soviet of the USSR of May 31, 1991 "Concerning the Procedure for Implementing the Law of the USSR "Concerning Inventions in the USSR"", shall acquire the right to use the invention free-of-charge when 15 years have elapsed from the date on which the patent application was filed. The validity on the territory of the Russian Federation of previously issued documents of the USSR protecting rights to inventions and industrial designs may be terminated in the event that the protected object does not conform to the conditions of patentability stipulated by the legislation in force on the date on which the application was filed (requirements for an invention or industrial design), according to the procedure established by clauses 2 and 3 of Article 29 of the Patent Law of the Russian Federation. 4. That, with respect to applications for a copyright certificate or patent of the USSR for inventions and certificates or patents of the USSR for industrial designs in relation to which documentation has not been completed and official documents have not been issued at the time of implementation of the Patent Law of the Russian Federation, applicants, together with the authors, shall be granted the right to petition for the grant of a patent of the Russian Federation, in which respect the priority of originally filed applications shall be preserved.

PATENT LAW

Petitions shall be submitted to the State Patent Office of the Russian Federation not later than June 30, 1993. Applications for which petitions are submitted within this deadline shall be considered in accordance with the procedure established by the Patent Law of the Russian Federation, in which respect the conditions governing the protection of an invention and an industrial design as stipulated by legislation in force on the date that the application was filed shall apply. In the event that no agreement is reached between the applicant and the author(s) of the invention or industrial design concerning the joint submission of a petition, no patent of the Russian Federation shall be granted. 5. That, with respect to applications for inventions and industrial designs which have been filed in accordance with the legislation of the former USSR, in relation to which the State Patent Office of the USSR or the Committee for Patents and Trademarks of the Ministry of Science, Higher Education and Technical Policies of the Russian Federation have pronounced expert decisions to the effect that documents for their protection may be granted, temporary legal protection shall be granted in the territory of the Russian Federation from the date on which the application is publicised to the date on which the patent is issued. Those applications shall be publicised for which petitions for a patent of the Russian Federation have been submitted. 6. That it shall be established that the regulations of Article 29, clauses 1,3 and 5 of Article 32 and Articles 33 and 34 of the Law of the USSR "Concerning Inventions in the USSR", Article 21.3, clauses 1 and 3 of Article 22 and Article 23 of the Law of the USSR "Concerning Industrial Designs" relating to issues of exemptions and material incentives shall apply in the territory of the Russian Federation until legislative acts of the Russian Federation are adopted concerning the development of inventive activity, art and design. The Government of the Russian Federation shall determine the procedure for applying those regulations on the basis of legislative acts of the Russian Federation. The Committee of the Supreme Soviet of the Russian Federation for Science and Public Education, in conjunction with the Commission of the Republican Council of the Supreme Soviet of the Russian Federation for the Budget, Planning, Taxes and Prices shall submit proposals to the Supreme Soviet of the Russian Federation for establishing profits tax exemptions for enterprises and organizations which use inventions and industrial designs. 7. That, with respect to copyright certificates of the USSR for inventions for which the twenty-year period from the date of filing an application has not expired at the time of implementation of the Patent Law of the Russian Federation, and certificates of the USSR for industrial designs for which the fifteen-year period from the date of filing an application has not expired, and with respect to patents of the USSR in the name of the State Invention Fund of the USSR, applicants shall be granted the right to petition in conjunction with the authors for the termination of those documents of

PATENT LAW

protection in the territory of the Russian Federation and the simultaneous grant of a patent of the Russian Federation for the remaining period. With respect to applications for inventions and industrial designs on the basis of which it was decided to issue patents in the name of the State Invention Fund of the USSR, applicants shall be granted the right to petition in conjunction with the authors for the grant of a patent of the Russian Federation, with payment of patent fees being deferred until income is received from the use of that invention or design, but for not longer than five years. 8. That any person who, prior to the date of submitting a petition for the grant of a patent of the Russian Federation in accordance with Article 4 or Article 7 of this Decree, legally begins to use an invention or industrial design for which an application has been filed for the grant of a copyright certificate (certificate) or for which a copyright certificate (certificate) has been issued, shall retain the right to continue to use that invention or industrial design without concluding a licence agreement. In such instances the payment of a remuneration to the authors shall be carried out according to the procedure established for the payment of remunerations for inventions which are protected by copyright certificates and for industrial designs which are protected by certificates. That the Government of the Russian Federation shall be granted the right, on the basis of bilateral agreements with states which were formerly members of the USSR, to establish procedures for conducting affairs associated with obtaining and maintaining patents which differ from those stipulated in Article 15.3 of the Patent Law of the Russian Federation. That the Committee of the Supreme Soviet of the Russian Federation for Science and Public Education, the Committee of the Supreme Soviet of the Russian Federation for Industry and Energy and the Legislation Committee of the Supreme Soviet of the Russian Federation shall prepare and submit the following to the Supreme Soviet of the Russian Federation: - a draft Law Concerning the Supreme Patent Chamber of the Russian Federation; - a draft Law of the Russian Federation Concerning Professional Inventions, Utility models and Industrial Designs; - proposals concerning administrative and criminal liability for violation of patent legislation. 11. a) b) That the Government of the Russian Federation shall: make provisions for the adoption of normative acts which are stipulated for by the Patent Law of the Russian Federation before December 31, 1992; prepare and publish normative acts, and, for issues demanding legislative regulation, submit proposals on the following issues to the Supreme Soviet of the Russian Federation before December 31, 1992 according to the established procedure:

9.

10.

PATENT LAW

- the procedure for using inventions and industrial designs which are protected by copyright certificates for inventions and certificates for industrial designs which are effective in the territory of the Russian Federation, and for paying remunerations to their authors; - the procedure for handling classified inventions, utility models and industrial designs, and compensation for their classification; - measures to provide economic incentives for the creation and use of industrial property assets; - guarantees for the rights of authors of inventions, utility models and industrial designs who are employed at State enterprises, organizations and institutions; - amendments and additions to the current legislation in connection with the adoption of the Patent Law of the Russian Federation. 12. That it shall be established that the State Patent Office of the Russian Federation and organizations which are charged with directly performing specific functions which are assigned by the Patent law of the Russian Federation to the State Patent Office of the Russian Federation shall form the uniform State patent service. Organizations which are part of the uniform State patent service shall be legal entities engaged in activities which are not aimed at deriving a profit. The Government of the Russian Federation shall determine a list and the legal status of organizations which are part of the uniform State patent service, and the powers of the State Patent Office of the Russian Federation in relation to the administration of the property of those organizations. Patent fees shall be payable directly to the budget of the State Patent Office of the Russian Federation. 13. That the Committee of the Supreme Soviet of the Russian Federation for Science and Public Education shall supervise the implementation of this Decree.

Chairman of the Supreme Soviet of the Russian Federation

R.I. Khasbulatov

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DECREE No. 3519-1

PATENT LAW

OF THE SUPREME SOVIET OF THE RUSSIAN FEDERATION OF SEPTEMBER 23, 1992 Concerning the Re-Examination of the Patent Law of the Russian Federation

Having examined the Patent Law of the Russian Federation which was returned by the President of the Russian Federation, the Supreme Soviet of the Russian Federation decrees: 1. That, in accordance with section two of Article 117 of the Constitution (Fundamental Law) of the Russian Federation, the Patent Law shall be re-adopted, with the text of Article 1 of the Law amended as proposed. That corresponding amendments and additions shall be made to Articles 1, 3, 4, 11, 13 and 14 of the Decree of the Supreme Soviet of the Russian Federation of June 18, 1992 "Concerning Implementation of the Patent Law of the Russian Federation".

2.

Chairman of the Supreme Soviet of the Russian Federation

R.I. Khasbulatov