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Legislative Implementation of Flexibilities - Russian Federation

Title:Article 1351 of the Patent Law (Chapter 72)
Field of IP:Patents
Type of flexibility:Utility models
Summary table:PDF

Provisions of Law

Article 1351. Conditions of Patentability of a Utility Model

1. A technical solution relating to a device shall be protected as a utility model. A utility model shall be granted legal protection if it is new and industrially applicable.

2. 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 2 of Article 1385 or Paragraph 2 of Article 1394 of the present Code, and inventions and utility models that have been patented in the Russian Federation.

3. Disclosure of information relating to a utility model by the author of the utility model, applicant, or other person having received this information directly or indirectly from them, that made information on the essence of the utility model public shall not be a circumstances precluding the recognition of the patentability of the utility model if an application for the grant of a patent for the utility model has been filed with the federal executive authority for intellectual property within six months from the date of disclosure of the information. The burden of proof that the circumstances have taken place by virtue of which the disclosure of information does not prevent the recognition of the patentability of the utility model shall be on the applicant.

4. A utility model shall be deemed industrially applicable if it can be used in industry, agriculture, public health, other branches of the economy, or the social sphere.

5. Legal protection as utility models shall not be granted to:

1) proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;

2) layout-designs (topographies) of integrated circuits.

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