Obtaining a patent - Civil law

Obtaining a patent

The procedure for obtaining a patent is defined in § 5 of Ch. 72 of the Civil Code. Important to protect the interests of authors is the establishment of priority invention, utility model or industrial design. Priority is established by filing date in Rospatent applications for an invention, utility model or industrial design (Section 1, Art. 1381 GK).

In accordance with paragraph 1 of Art. 1382 GK, the priority of an invention, utility model or industrial design may be determined by the date of filing of the first application for an invention, utility model or industrial design in a State party to the Paris Convention for the Protection of Industrial Property (convention priority) subject to submission to Rospatent:

- application for an invention or utility model - within 12 months from the specified date;

- application for an industrial design - within six months from the specified date.

If for reasons beyond the applicant's control the application for which the Convention priority is claimed could not be submitted within the specified time, this period may be extended by Rospatent, but for not more than two months.

An applicant wishing to take advantage of the convention priority right for an application for a utility model or an industrial design, about this in Rospatent before the expiration of two months from the date of filing such an application and provide a certified copy of the first application specified in Cl. 1382 GK, before the expiry of three months from the date of filing an application to this federal body, on which the Convention priority is claimed. The applicant who wants to exercise the right of convention priority with respect to the application for the invention, must inform Rospatent and present to this federal authority a certified copy of the first application for 16 months from the day of its filing with the Patent Office of the state party to the Paris Convention for the Protection of Industrial Property.

If a certified copy of the first application is not submitted within the specified period, the priority right can nevertheless be recognized by the Rospatent at the request of the applicant submitted to that authority before the expiry of the specified period, provided that a copy of the first application is requested by the applicant in the patent office in which the first application was submitted within 14 months from the day the first application was submitted and submitted to Rospatent within two months from the day its receipt by the applicant. The said federal authority has the right to require the applicant to submit a translation into United States of the first application for an invention only if the verification of the validity of the priority claim of the invention is related to the establishment of patentability of the claimed invention.

According to paragraph 1 of Art. 1383 GK, if in the course of the examination it is established that different applications are submitted for identical inventions, utility models or industrial designs and these applications have one and the same the same priority date, a patent for an invention, utility model or industrial design may be issued only for one of such applications to a person designated agreement between the applicants. The applicants must inform the Rospatent within 12 months of the agreement reached by them from the date of receipt from this appropriate notice. When granting a patent for one of the applications all authors listed in it are recognized as co-authors with respect to identical inventions useful models or industrial designs. If within a specified period, the said federal body does not receive from the applicants the said communication or an application for the extension of the prescribed period in the manner provided for in Cl. 1386 CC, applications are recognized withdrawn.

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