The right to an invention or utility models shall be protected by the law and certified by a patent for invention or utility model. The scope of legal protection conferred by a patent for invention or utility model shall be defined by claims. A patent shall certify priority, right of inventorship of an invention or utility model and the exclusive right to use them. A patent owner shall enjoy the exclusive right to use the patented invention or utility model at his discretion. An infringement of the exclusive right of a patent owner shall be a non-authorized manufacture, use, importation, offer for sale, sale, other commercial introduction or storage for this purpose of a product containing a patented invention or utility model. At the request of the patent owner the patent infringement must be stopped and the natural person or legal entity guilty of patent infringement shall be liable to pay damage to the patent owner in accordance with the civil legislation of the Russian Federation.
An application for grant of a patent shall relate to one invention (utility model) only or to a group of inventions (utility models) so interrelated as to form an integral inventive concept. Applicant shall have the right to correct or amend filed materials without introducing new matter to the invention (utility model). An applicant shall be entitled, prior to publication of information on the application for invention, to convert it into an application for utility model.
A subject matter of an invention may be a device, a method or a process, a substance, a strain of a microorganism, cultures of plant or animal cells as well as the use of a known device, process or method, substance or strain for a new purpose. The legal protection shall be granted for an invention provided it is new, constitutes an inventive step and is industrially applicable.
A patent for invention shall be valid for twenty-five years counted from the dale of filing the application
with the Russian Office.
The notion of utility model shall include construction of production equipment and consumer goods and of their constituent parts. Processes and methods, substances, strains of microorganisms, cultures of plant or animal cells, and the use of same for a new purpose shall not be protected as utility models. The legal protection shall be granted for a utility model if it is new and industrially applicable.
A patent for utility model shall be valid for ten years from the date of filing the application with the Patent Office.
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