Law of the Russian Federation of February 7. On amendments and additions to the patent law of the Russian Federation

26.03.2020

In accordance with federal law


In accordance with the Federal Law "On Police", the provision of a one-time allowance in the amount of 3 million rubles.

rubles to family members and persons who were dependent on him, in equal shares in the event of: death (death) of an employee of the internal affairs bodies due to injury or other damage to health received in connection with the implementation official duties or as a result of an illness acquired during the period of service in the internal affairs bodies, the death of a citizen of the Russian Federation that occurred within one year after dismissal from service in the internal affairs bodies as a result of injury or other damage to health received in connection with the performance of official duties, or as a result of illness received during the period of service in the internal affairs bodies, which excluded the possibility of further service in the internal affairs bodies, a one-time allowance in the amount of 2 million rubles.



Public councils, formed in accordance with the Federal Law of February 7, 2011 N 3-FZ "On the Police", operate under the territorial body and subordinate bodies.

10. In the territorial body, in order to ensure the exercise of the powers assigned to it within the established headcount positions are introduced to be filled by employees, civil servants and employees.


Content

1. Analysis of the production and economic activities of the enterprise 5

1.1. general characteristics OOO SM-Torg 5

1.2. Analysis of the main economic indicators activities 8

Usage analysis labor resources. 9

Table 1.2 Personnel structure 10

Analysis of the effectiveness of the use of fixed assets. thirteen

Table 1.4 Composition and structure of fixed assets 13

Product cost analysis. fifteen

1.3. The financial analysis enterprise activities 17

2. Theoretical and methodological aspects of conducting marketing research 25

2.1. The concept, objectives and role of marketing research in the activities of the enterprise 25

2.2. Main areas of marketing research 28

Demand analysis 29

2.3.1. Formation of problems and goals of marketing research 32

2.3.2. Development of a marketing research plan 36

2.3.3. Collection and analysis of information 39

2.3.4. Preparation of the final report 44

Analysis of competitors. 46

Consumer analysis. 48

Supplier analysis. 49

3. Marketing research of the activities of LLC "SM-Torg" 53

3.1. Assortment analysis 53

3.2. Consumer analysis 56

3.3. Supplier analysis 57

Leading firm 58

3.5. Organization of marketing and marketing research 64

3.6. General analysis of the external and internal environment 68

4.1. Focus group design 73

“Weak” aspects of technology activity 77

4.2. Activities to identify demand. Draft mail survey 77

Periods 89

A visual representation of the composition and structure of cash income and expenses of the enterprise gives the movement Money. 89

Conclusion 92

References 96

1. Civil Code of the Russian Federation. - St. Petersburg: NIC ”Alpha”, KIF ”Ravena”, 1996. 96

2. Law of the Russian Federation of February 7, 1992 "On consumer protection" // Vedomosti of the Russian Federation. 1992. No. 15. Art. 776; with changes -Collection of Legislation of the Russian Federation. 1996. No. 3. Art. 140.96


Introduction
In a market economy for successful work its subjects of particular importance are deep knowledge of the market and the ability to skillfully apply modern tools to influence the situation that is developing on it. The combination of these tools is the basis of marketing.

In a competitive environment, it is not enough to rely on intuition, the judgments of managers and past experience, but it is necessary to constantly receive adequate information before and after decision-making. Conduct marketing research to provide timely, relevant and reliable information to management decisions. And for this, research should be made part of the management of the organization, methodically and structurally introduce research into the marketing planning process, and not be used on a case-by-case basis. Research should not be viewed as a cost, but as an investment.

Marketing research is prerequisite the success of the products offered on the market. They are effective when viewed not only as a process for obtaining hard-to-find commercial information, but also as a means of providing guidance to the organization of analytical conclusions about changes in the marketing environment in order to improve the capabilities of the management system. Thus, marketing research is the basis on which all decisions are developed and made, since in conditions of instability market situations it is necessary to know the situation on the market at every moment of time, to be able to foresee tomorrow's changes. This will make it possible to make decisions that will help enterprises receive the necessary profit for their further development.

With the help of marketing research, the company's management receives the necessary information about what products and why consumers want to buy, about the prices that consumers are willing to pay, about in which regions the demand for these products, i.e. market capacity, the highest, where the sale of the company's products can bring the greatest profit. With the help of marketing, it is determined in which types of production, in which industry it is most profitable to invest capital, where to establish a new enterprise.

A lot of effort has to be spent on studying the activities of competing firms and companies, exploring their strengths and weaknesses, looking for and finding counterarguments to their market actions.

It is necessary to regularly conduct a situational analysis of the state of activity in the market. This allows you to evaluate the work done, its results, reveal reserves and missed opportunities, improve planning at the enterprise, and solve many other problems. The solution is evaluated strategic objectives enterprises (the correct choice of the main goals, the realization of the potential of sales markets, product promotion systems, etc.), as well as tactical ones (control over the volume and results of sales, the market share won by the enterprise, the reaction of buyers to the purchase of goods of the enterprise, etc.) .

The implementation of a market strategy involves the choice of means and methods for achieving the set goals: the choice of target markets, methods and time to enter them, determining the prospective efficiency of production and marketing by developing marketing programs.

For collection and analysis marketing information depending on the specifics of the problem under consideration, various methods. Primary and secondary information, marketing research and marketing intelligence are used. Usually, questionnaires serve as the basis for collecting information; lists of questions are given in the work, from which questionnaires are formed for conducting specific marketing research).

The purpose of the research in the graduation project is to improve management decisions based on marketing research of the enterprise.

In accordance with the goal, the following tasks were identified.

THE RUSSIAN FEDERATION

THE FEDERAL LAW

ON INTRODUCING AMENDMENTS AND ADDITIONS TO THE PATENT LAW OF THE RUSSIAN FEDERATION

Article 1

Introduce the following amendments and additions to the Patent Law of the Russian Federation of September 23, 1992 N 3517-I (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 42, Art. 2319):

Article 2. Federal Executive Authority for Intellectual Property

The implementation of state policy in the field of legal protection of inventions, utility models and industrial designs and the functions provided for by this Law in this area shall be entrusted to the federal executive body for intellectual property.

The federal executive authority for intellectual property, in the cases provided for by this Law, shall issue, in accordance with its competence, regulatory legal acts on the application of this Law.".

"1. The rights to an invention, utility model, industrial design are protected by law and are confirmed by a patent for an invention, a patent for a utility model and a patent for an industrial design, respectively.";

The term of a patent for an invention relating to a medicinal product, pesticide or agrochemical, the use of which requires obtaining a permit in accordance with the procedure established by law, is extended by the federal executive authority for intellectual property at the request of the patent owner for a period calculated from the date of filing the application for the invention to the date of receipt the first such authorization to use, less five years. At the same time, the period for which the validity of a patent for an invention is extended cannot exceed five years. The said application shall be filed during the period of validity of the patent before the expiration of six months from the date of receipt of such permission or the date of grant of the patent, whichever of these periods expires later.

A patent for a utility model is valid until the expiration of five years from the date of filing an application with the federal executive body for intellectual property. The term of a patent for a utility model may be extended by the federal executive body for intellectual property at the request of the patent holder, but not more than for three years.

A patent for an industrial design is valid until the expiration of ten years from the date of filing an application with the federal executive body for intellectual property. The term of a patent for an industrial design may be extended by the federal executive authority for intellectual property at the request of the patent holder, but not more than for five years.

The procedure for extending the term of a patent for an invention, utility model or industrial design is established by the federal executive body for intellectual property.

When calculating the terms of validity of patents for an invention, utility model, industrial design, specified in this paragraph, issued under divisional applications, the filing date of the application shall be the date of filing the initial application with the federal executive body for intellectual property.

4. The scope of legal protection provided by a patent for an invention or utility model is determined by their formula. The description and drawings may be used to interpret the claims and utility model claims.

The scope of legal protection provided by a patent for an industrial design is determined by the totality of its essential features reflected in the images of the product and listed in the list of essential features of the industrial design.

5. The provisions of this Law shall apply to secret inventions (inventions containing information constituting a state secret) with the specifics of their legal protection and use established in Section VI of this Law.

Legal protection in accordance with this Law is not granted to utility models and industrial designs containing information constituting a state secret.".

"1. A technical solution is protected as an invention in any field relating to a product (in particular, a device, a substance, a strain of a microorganism, a plant or animal cell culture) or a method (the process of performing actions on a material object using material means). The invention is granted legal protection if it is new, involves an inventive step and is industrially applicable.";

the fifth paragraph after the word "techniques" shall be supplemented with the word "also", the words "(except for those withdrawn), as well as" shall be replaced by the words ", the documents of which any person is entitled to familiarize with in accordance with paragraph 6 of Article 21 or part two of Article 25 of this Law, and ";

discoveries, as well as scientific theories and mathematical methods;

decisions relating only to the appearance of products and aimed at satisfying aesthetic needs;

rules and methods of games, intellectual or economic activity;

programs for electronic computers;

solutions that consist only in the provision of information.

In accordance with this paragraph, the possibility of attributing these objects to inventions is excluded only if the application for a patent for an invention concerns these objects as such.

3. Not recognized as patentable in the sense of the provisions of this Law:

plant varieties, animal breeds;

topology of integrated circuits;

decisions that are contrary to the public interest, the principles of humanity and morality.

the first paragraph shall be amended as follows:

"1. A technical solution relating to a device is protected as a utility model.";

in the second paragraph, the words "The utility model is granted legal protection" shall be replaced by the words "The utility model is recognized as complying with the conditions of patentability";

Paragraph four after the words "In the state of the art" shall be supplemented with the word "also", the words "(except for those revoked), as well as" shall be replaced by the words ", with the documents of which any person is entitled to familiarize in accordance with paragraph 6 of Article 21 or part two of Article 25 of this Law , and";

in the sixth paragraph, the words "Patent Office" shall be replaced by the words "the federal executive body for intellectual property";

decisions relating only to the appearance of products and aimed at satisfying aesthetic needs;

topologies of integrated circuits;

decisions that are contrary to the public interest, the principles of humanity and morality.

Paragraphs one and two shall be amended as follows:

"1. An artistic and design solution of an industrial or handicraft product, which determines its appearance, is protected as an industrial design.

An industrial design is granted legal protection if it is new and original.";

in the third paragraph, the words "determining the aesthetic and (or) ergonomic features of the product" shall be replaced by the words "reflected in the images of the product and listed in the list of essential features of the industrial design";

the fourth paragraph after the word "sample" shall be supplemented with the word "also", the words "(except for those revoked), as well as" shall be replaced by the words "the documents of which any person is entitled to familiarize with in accordance with part two of Article 25 of this Law, and";

in the fifth paragraph the word "aesthetic" shall be deleted;

the sixth paragraph shall be stated in the following wording:

"The essential features of an industrial design include features that determine the aesthetic and (or) ergonomic features of the appearance of the product, in particular the shape, configuration, ornament and color combination.";

in paragraph seven the words "Patent Office" shall be replaced by the words "the federal executive body for intellectual property";

to the employer in the cases provided for in paragraph 2 of this article;

successors of the said persons.

2. The right to obtain a patent for an invention, utility model or industrial design created by an employee (author) in connection with the performance of his job duties or a specific task of the employer (service invention, service utility model, service industrial design), belongs to the employer, unless otherwise provided by the contract between him and the employee (author).

If the employer, within four months from the date of notification by his employee (author) of the result obtained by him, capable of legal protection as an invention, utility model or industrial design, does not apply for a patent for this invention, utility model or industrial sample to the federal executive authority for intellectual property, does not transfer the right to obtain a patent for a service invention, service utility model or service industrial design to another person and does not inform the employee (author) about keeping information about the corresponding result in secret, the right to obtain a patent for such an invention, utility model or industrial design belongs to the employee (author). In this case, the employer, during the term of the patent, has the right to use the service invention, service utility model, service industrial design in own production with the payment of compensation to the patent owner, determined on the basis of the contract.

If the employer obtains a patent for a service invention, service utility model or service industrial design, or decides to keep information about such an invention, utility model or industrial design secret, or transfers the right to obtain a patent to another person, or does not receive a patent according to an application filed by him for reasons within his control, an employee (author) who does not own the right to obtain a patent for such an invention, utility model or industrial design is entitled to remuneration. The amount of remuneration and the procedure for its payment are determined by the contract between the employee (author) and the employer. If the parties fail to reach an agreement on the terms of the contract within three months after one of the parties makes an offer to the other party in writing about these conditions, the dispute on remuneration may be resolved in court.

The Government of the Russian Federation has the right to establish minimum rates of remuneration for service inventions, service utility models, service industrial designs.

1. The right to obtain a patent for an invention, utility model or industrial design, created in the course of performing work under a state contract for federal state needs or the needs of a constituent entity of the Russian Federation, belongs to the performer (contractor), unless the state contract establishes that this right belongs to the Russian Federation or to the subject of the Russian Federation, on behalf of which the state customer acts.

If, in accordance with the state contract, the right to obtain a patent belongs to the Russian Federation or a constituent entity of the Russian Federation, the state customer may apply for a patent within six months from the date of its notification in writing by the performer (contractor) of the receipt of a result capable of legal protection as an invention, utility model or industrial design. If the state customer does not file an application within the specified period, the performer (contractor) has the right to obtain a patent.

2. If a patent for an invention, utility model or industrial design created in the course of performing work under a state contract for federal state needs or the needs of a constituent entity of the Russian Federation, in accordance with paragraph 1 of this article, was received not by the Russian Federation or a constituent entity of the Russian Federation, the patent holder at the request of the state customer, he is obliged to provide the person (persons) indicated by him with a non-exclusive free license to use the data of the invention, utility model or industrial design in order to perform work or supply products for federal state needs or the needs of a constituent entity of the Russian Federation.

3. The author of an invention, utility model or industrial design, who is not a patent holder, shall be paid remuneration by a person who has received a patent in accordance with paragraph 1 of this article. When paying remuneration, the provisions of paragraph 2 of Article 8 of this Law shall apply accordingly.

When a non-exclusive gratuitous license is granted in the manner provided for in paragraph 2 of this article, the remuneration to the author is paid by the state customer, at the request of which such a license was granted. The remuneration is paid from the funds allocated to the state customer for the performance of work under the state contract.

10. The title of Section IV shall be stated as follows:

"SECTION IV EXCLUSIVE RIGHT TO INVENTION, UTILITY MODEL, INDUSTRIAL DESIGN".

import into the territory of the Russian Federation, manufacture, use, offer for sale, sale, other introduction into civil circulation or storage for these purposes of a product in which a patented invention, utility model is used, or products in which a patented industrial design is used;

performance of the actions specified in the second paragraph of this clause in relation to a product obtained directly by a patented method. In this case, if the product obtained by the patented method is new, the identical product is considered to be obtained by using the patented method in the absence of evidence to the contrary;

performance of the actions specified in the second paragraph of this paragraph, in relation to the device, during the operation (operation) of which, in accordance with its purpose, the patented method is automatically carried out;

implementation of the method in which the patented invention is used.

The procedure for using an invention, utility model or industrial design, if a patent for an invention, utility model or industrial design belongs to several persons, shall be determined by an agreement between them. In the absence of such an agreement, each of the patent holders may use the patented invention, utility model or industrial design at their discretion, but is not entitled to grant a license or transfer the exclusive right (assign the patent) to another person without the consent of the other patent holders.

2. A patented invention or utility model shall be recognized as used in a product or method if the product contains, and the method uses each feature of the invention or utility model listed in an independent claim of the invention or utility model, or a feature equivalent to it and which has become known as such in the art prior to the performance of the actions referred to in paragraph 1 of this article in relation to the product or method.

A patented industrial design is recognized as being used in a product if such product contains all the essential features of the industrial design reflected in the images of the product and listed in the list of essential features of the industrial design.

A compulsory non-exclusive license may be terminated by a court in accordance with the claim of the patent owner, if the circumstances that led to the granting of such a license cease to exist and their occurrence is unlikely. In this case, the court establishes the term and procedure for terminating the use by the person who has received a compulsory non-exclusive license of the rights that have arisen in connection with obtaining such a license.

4. If the patent holder cannot use the invention to which he has the exclusive right, without violating the rights of the holder of another patent for the invention or utility model, who refused to conclude a license agreement on the terms corresponding to the established practice, the patent holder has the right to apply to a court with a claim against the holder of another patent for a compulsory non-exclusive license to use in the territory of the Russian Federation an invention or utility model of the holder of another patent, specifying in the claims the conditions proposed by him for granting such a license, including the scope of use, amount, procedure and terms of payments, if the invention to which he has the exclusive right is an important technical achievement that has significant economic advantages over the invention or utility model of the owner of another patent.

When granting, in accordance with a court decision, the said license, the total amount of payments must be established not lower than the price of the license, usually determined under comparable circumstances. If a compulsory non-exclusive license is granted in accordance with this paragraph, the holder of a patent for an invention or utility model, the right to use which is granted on the basis of the said license, also has the right to obtain a non-exclusive license to use the invention in connection with which the compulsory non-exclusive license was issued, under conditions consistent with established practice.

5. The patent owner may transfer the exclusive right to an invention, utility model, industrial design (assign the patent) to any individual or legal entity. An agreement on the transfer of an exclusive right (assignment of a patent) is subject to registration with the federal executive authority for intellectual property, and without such registration it is considered invalid.

the use of a product that uses a patented invention, utility model, or product that uses a patented industrial design, in construction, in auxiliary equipment or in operation Vehicle foreign states (water, air, road and rail transport and space technology), provided that these vehicles are temporarily or accidentally located on the territory of the Russian Federation and the specified product or product is used exclusively for the needs of the vehicle. Such an action is not recognized as a violation of the exclusive right of the patent holder in relation to vehicles of foreign states that grant the same rights in relation to vehicles registered in the Russian Federation;

conducting a scientific study of a product, a method in which a patented invention, utility model, or product is used, in which a patented industrial design is used, or an experiment on this product, method or product;

use of a patented invention, utility model or industrial design in emergency circumstances (natural disasters, catastrophes, accidents) with notification of the patent holder in the shortest time and subsequent payment of adequate compensation to him;

use of a patented invention, utility model or industrial design to meet personal, family, household or other needs not related to entrepreneurial activities, if the purpose of such use is not to make a profit (income);

one-time production in pharmacies according to the prescriptions of doctors of medicines using a patented invention;

importation into the territory of the Russian Federation, application, offer for sale, sale, other introduction into civil circulation or storage for these purposes of a product in which a patented invention, utility model is used, or products in which a patented industrial design is used, if this product or product were previously introduced into civil circulation on the territory of the Russian Federation by the patent owner or another person with the permission of the patent owner.".

13. Part one of Article 12 shall be supplemented with the words "such use".

in the first paragraph after the words "the right to use" the words "patented" shall be added, the words "protected by a patent" shall be deleted, the words "industrial property subject" shall be replaced by the words "inventions, utility model, industrial design", after the words "payments and" shall be added the words "(or)";

in the second paragraph the word "exclusive" shall be deleted, the words "object of industrial property" shall be replaced by the words "invention, utility model or industrial design";

"2. The patent owner may file an application with the federal executive authority for intellectual property for granting any person the right to use an invention, utility model or industrial design (open license). The amount of the patent fee for maintaining a patent in force is reduced in this case by 50 percent starting from the year following the year of publication by the federal executive authority for intellectual property of information about such a statement. A person who has expressed a desire to use the said invention, utility model or industrial design is obliged to conclude a payment agreement with the patent owner. In the event that the patent owner within two years since the date of such publication has not received any proposals in writing to enter into a payment agreement, after two years he may file a petition with the federal executive authority for intellectual property to withdraw his application.In this case, the patent fee for maintaining the patent in force is subject to an additional payment for the period that has elapsed from the date of publication of information about the application, and subsequently paid in full. The Federal Executive Authority for Intellectual Property publishes information about the withdrawal of the application.";

add paragraph 3 of the following content:

"3. The applicant who is the author of an invention, when filing an application for a patent for an invention, may attach to its documents a statement that, in the event of a patent being granted, he undertakes to transfer the exclusive right to the invention (assign the patent) on conditions corresponding to established practice, to the person who first expressed such a desire and notified the patent owner and the federal executive authority for intellectual property about it - a citizen of the Russian Federation or a Russian legal entity. The Federal Executive Authority for Intellectual Property publishes information about the said application The patent holder is obliged to conclude an agreement on the transfer of the exclusive right to an invention (assignment of a patent) with a person who has expressed such a desire.

A person who has concluded an agreement with the patent owner on the transfer of the exclusive right to an invention (assignment of a patent) is obliged to pay all patent fees, from which the applicant (patent owner) was exempted. In the future, patent fees are paid in the prescribed manner.

In order for the federal executive body for intellectual property to register an agreement on the transfer of the exclusive right to an invention (assignment of a patent), a document confirming the payment of all patent fees from which the applicant (patent owner) was exempted must be attached to the application for registration of the agreement.

If, within two years from the date of publication of information on the grant of such a patent, the federal executive authority for intellectual property has not received a written notice of the desire to conclude an agreement on the transfer of the exclusive right to an invention (assignment of a patent), after two years the patent owner may file a petition with the federal executive body for intellectual property to withdraw his application. In this case, the patent fees, which are provided for by this Law and from which the applicant (patent owner) has been exempted, shall be payable. In the future, patent fees are paid in the prescribed manner. The Federal Executive Authority for Intellectual Property publishes in the official bulletin information about the withdrawal of the said application.";

in the first paragraph, the words "industrial property subject matter" shall be replaced by the words "invention, utility model or industrial design", after the words "the patent owner with" the words "his notice of this as soon as possible and" shall be added;

the second paragraph shall be deleted;

add paragraph 5 with the following content:

"5. A license agreement for the use of a patented invention, utility model or industrial design is subject to registration with the federal executive authority for intellectual property. Without such registration, the license agreement is considered invalid.".

termination of patent infringement;

compensation by the person guilty of patent infringement for damages in accordance with civil law;

publication of a court decision in order to protect their business reputation;

implementation of other methods of protection of rights in the manner prescribed by the legislation of the Russian Federation.".

1. An application for the grant of a patent for an invention, utility model or industrial design shall be filed with the federal executive authority for intellectual property by a person who has the right to obtain a patent in accordance with this Law (hereinafter referred to as the applicant).

2. Dealing with the federal executive power body for intellectual property may be carried out by the applicant, the patent holder, other interested person independently or through a patent attorney registered with the federal executive power body for intellectual property, or another representative.

Individuals permanently residing outside the Russian Federation or foreign legal entities or their patent attorneys conduct business with the federal executive authority for intellectual property through patent attorneys registered with the federal executive authority for intellectual property. In cases stipulated by an international treaty of the Russian Federation, individuals, permanently residing outside the Russian Federation, or foreign legal entities may independently file applications, pay patent fees and other actions in accordance with the international treaty of the Russian Federation.

If, in accordance with this paragraph, the applicant, patent owner, or other interested person conducts business with the federal executive authority for intellectual property independently or through a representative other than a patent attorney registered with the federal executive authority for intellectual property, the federal executive authority for intellectual property The intellectual property authorities may require the indication of an address on the territory of the Russian Federation for correspondence.

The powers of a patent attorney and other representative are certified by a power of attorney issued by the applicant, patent owner or other interested person.

A citizen of the Russian Federation permanently residing in its territory may be registered as a patent attorney. Other requirements for a patent attorney, the procedure for his attestation and registration, as well as the authority to conduct cases related to the legal protection of inventions, utility models and industrial designs, are determined by the Government of the Russian Federation.

3. An application for a patent for an invention, utility model or industrial design shall be submitted in Russian. Other application documents are submitted in Russian or another language. If the application documents are submitted in another language, their translation into Russian shall be attached to the application.

4. An application for the grant of a patent shall be signed by the applicant, and in the case of filing an application through a patent attorney or other representative - by the applicant or patent attorney or other representative.".

"The application for an invention shall be accompanied by a document confirming the payment of the patent fee in fixed amount, or a document confirming the grounds for exemption from the payment of a patent fee, or a reduction in its amount, or a deferment of its payment.";

"The date of filing an application for an invention is the date of receipt by the federal executive authority for intellectual property of an application containing an application for a patent, a description and drawings, if the description contains a reference to them, or the date of receipt of the last document, if these documents are not submitted simultaneously. ";

in the second paragraph, the word "certificate" in the relevant cases shall be replaced by the word "patent" in the relevant cases;

the fifth paragraph shall be stated in the following wording:

"drawings, if they are necessary to understand the essence of the utility model;";

the seventh paragraph shall be stated in the following wording:

"The application for a utility model shall be accompanied by a document confirming the payment of the patent fee in the established amount, or a document confirming the grounds for exemption from the payment of the patent fee, or reduction of its amount, or deferment of its payment.";

add the following paragraph:

"The date of filing an application for a utility model is the date of receipt by the federal executive authority for intellectual property of an application containing an application for a patent, a description and drawings, if the description contains a reference to them, or the date of receipt of the last document, if these documents are not submitted simultaneously .";

a set of images of the product, giving a complete detailed idea of appearance products;

drawing general view products, ergonomic scheme, confection map, if they are necessary to disclose the essence of the industrial design;

description of the industrial design;

list of essential features of an industrial design.

An application for an industrial design shall be accompanied by a document confirming the payment of a patent fee in the established amount, or a document confirming the grounds for exemption from paying a patent fee, or reducing its amount, or deferring its payment.

The date of filing an application for an industrial design is the date of receipt by the federal executive authority for intellectual property of an application containing an application for a patent, a set of images of a product, a description and a list of essential features of an industrial design, or the date of receipt of the last document, if these documents are not submitted simultaneously. ";

The first sentence of the first paragraph shall be stated in the following wording:

"2. The priority of an invention, utility model or industrial design may be established by the date of filing the first application in a state party to the Paris Convention for the Protection of Industrial Property (convention priority), provided that an application for an invention or utility model is filed with the federal executive authority for intellectual property within twelve months from the specified date, and applications for an industrial design within six months from the specified date.";

Paragraph two shall be amended as follows:

"The applicant who wishes to exercise the right of conventional priority in relation to an application for a utility model or industrial design must notify the federal executive authority for intellectual property about it before the expiration of two months from the date of filing such an application and submit a certified copy of the first application before the expiration of three months from the date of filing with the federal executive body for intellectual property of an application for which conventional priority is claimed.";

add the following paragraph:

"The applicant wishing to exercise the right of conventional priority in relation to an invention application must notify the federal executive authority for intellectual property and submit to the federal executive authority for intellectual property a certified copy of the first application not later than sixteen months from the date 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 right of priority may be restored at the request of the applicant, filed by him with the federal executive authority for intellectual property before the expiration of the specified period, provided that the copy of the first application has been requested by the applicant from the patent office with which the first application has been filed no later than fourteen months from the date of filing the first application and submitted to the federal executive authority for intellectual property in within two months from the date of its receipt by the applicant. Submission of a translation of the first application into Russian, if it is in another language, may be required by the federal executive authority for intellectual property from the applicant only if the verification of the validity of the priority claim is connected with the establishment of the patentability of the claimed invention.

the first paragraph shall be amended as follows:

"4. The priority of an invention, utility model, or industrial design may be established by the date of filing by the same applicant with the federal executive authority for intellectual property of an earlier application disclosing this invention, utility model, or industrial design, which has not been withdrawn and has not been recognized as withdrawn as of the date filing an application for which such priority is claimed, if the application is filed no later than twelve months from the filing date of an earlier application for an invention and six months from the filing date of an earlier application for a utility model or industrial design. the earlier application is considered withdrawn.";

the second paragraph shall be deleted;

in paragraph three, the word "receipts" shall be replaced by the word "submissions";

add a new paragraph 6 with the following content:

"6. The priority of an invention, utility model or industrial design may be established on the basis of several previously filed applications or additional materials to them, subject to the conditions for them specified respectively in paragraphs 2, 3, 4 and 5 of this article.";

"7. If during the examination it is established that different applicants have filed applications for identical inventions, utility models or industrial designs and such applications have the same priority date, a patent for an invention, utility model or industrial design may only be granted on one of such applications to a person determined by agreement between the applicants.If such applications are filed by the same applicant, a patent is granted on the application chosen by the applicant.

Within twelve months from the date of receipt of the relevant notification, the applicants must report their agreement, and the applicant must indicate his choice. When a patent is granted for one of the applications, all authors indicated in the applications are recognized as co-authors in relation to identical inventions, utility models or industrial designs. In the event that within the established period the federal executive authority for intellectual property does not receive from the applicants (applicant) the said notification or a petition for extending the established period in the manner prescribed by paragraph 8 of Article 21 of this Law, the applications shall be recognized as withdrawn.

If the priority dates of an invention and an identical utility model under the applications of the same applicant coincide, after the grant of a patent for one of such applications, the grant of a patent for another application is possible only if the application of the owner of the previously issued patent for termination is submitted to the federal executive body for intellectual property the validity of a patent in respect of an identical invention or an identical utility model. The validity of a previously issued patent in relation to an identical invention or identical utility model shall be terminated from the date of publication of information on the grant of a patent on another application in accordance with Article 25 of this Law. Publication of information on the grant of a patent on an application for an invention or utility model and publication of information on the termination of a previously issued patent in respect of an identical invention or identical utility model shall be carried out simultaneously.

"Article 20. Amendments to the documents of an application for an invention, utility model or industrial design

1. The applicant has the right to make corrections and clarifications to the application documents for an invention, utility model or industrial design without changing the essence of the claimed invention, utility model or industrial design before a decision is made on this application to grant a patent for the invention, utility model or industrial design or a decision refusal to grant a patent.

Supplementary materials change the essence of the claimed invention or utility model if they contain features that are to be included in the claims of the invention or utility model and are absent on the filing date of the application in the description, as well as in the claims of the invention or utility model if the application on the filing date contained claims or utility models.

Supplementary materials change the essence of the claimed industrial design if they contain features to be included in the list of essential features of the industrial design and absent on the date of filing the application on the images of the product.

2. A change in the applicant upon transfer of the right to obtain a patent or as a result of a change in its name, as well as the correction of obvious and technical errors in the application documents, may be made before the date of registration of the invention, utility model or industrial design in accordance with Article 26 of this Law.

3. If changes to the application documents are made at the initiative of the applicant within two months from the filing date of the application, no patent fee is charged for making such changes.

4. Changes made by the applicant to the application documents are taken into account when publishing information about the invention application, if such changes are submitted to the federal executive authority for intellectual property within twelve months from the date of filing the application.

Article 21. Examination of an application for an invention

1. An application for an invention received by the federal executive authority for intellectual property shall undergo a formal examination, during which the presence of the documents provided for by paragraph 2 of Article 16 of this Law and compliance with the established requirements for them are checked.

2. If the applicant submits additional materials to the application for an invention, in accordance with Article 20 of this Law, it is checked whether they change the essence of the claimed invention.

Additional materials in the part that changes the essence of the claimed invention are not taken into account when considering an application for an invention and can be filed by the applicant as a separate application, of which the applicant is notified.

3. The applicant shall be notified of the positive result of the formal examination and the filing date of the application for an invention immediately after the completion of the formal examination.

4. According to an application for an invention, executed in violation of the requirements for its documents, the applicant shall be sent a request with a proposal to submit corrected or missing documents within two months from the date of its receipt. If the applicant fails to submit the requested documents or an application for an extension of the deadline, the application shall be deemed withdrawn. The established period may be extended by the federal executive body in charge of intellectual property for no more than ten months from the date of its expiration.

5. Upon an application for an invention filed in violation of the requirement of unity of invention, the applicant is invited, within two months from the date of receipt of the relevant notification, to indicate which of the claimed inventions should be considered and, if necessary, to make changes to the application documents. Other inventions claimed in this application may be filed as divisional applications. In the event that the applicant fails to inform within the prescribed period which of the claimed inventions must be considered, and does not submit the relevant documents, if they are necessary, the invention indicated first in the claims is considered.

6. The federal executive authority for intellectual property, after eighteen months from the date of filing an application for an invention that has passed a formal examination with a positive result, publishes information about the application for an invention in its official bulletin, except in cases where, before the expiration of twelve months from the date of filing such an application, it was withdrawn or recognized as withdrawn, or on its basis the registration of the invention took place in accordance with Article 26 of this Law. The composition of published information is determined by the federal executive authority for intellectual property.

Any person after the publication of information about the application for an invention has the right to familiarize himself with its documents, if the application is not withdrawn and is not recognized as withdrawn on the date of publication of information about it. In the event of publication of information about an invention application that was withdrawn or recognized as withdrawn as of the date of publication, such information is not included in the state of the art in relation to subsequent applications of the same applicant filed with the federal executive authority for intellectual property before the expiration of twelve months from the date of publication information about the application for an invention. The procedure for familiarization with the application documents is established by the federal executive authority for intellectual property.

At the request of the applicant, filed before the expiration of twelve months from the date of filing the application, the federal executive body for intellectual property may publish information about the application for an invention until the expiration of eighteen months from the date of its filing.

7. At the request of the applicant or third parties, which may be filed with the federal executive authority for intellectual property within three years from the date of filing an application for an invention, and subject to the completion of a formal examination with a positive result, an examination of the application for an invention is carried out on the merits. The applicant shall be notified of the received petitions of third parties by the federal executive authority for intellectual property.

The deadline for filing a petition for an examination of an invention application on the merits may be extended by the federal executive authority for intellectual property by no more than two months at the request of the applicant filed before the expiration of three years from the date of filing the invention application, provided that it is submitted together with such a petition a document confirming the payment of the patent fee in the prescribed amount.

If a request for substantive examination of an application for an invention is not filed within the established time limit, the application shall be recognized as withdrawn.

Examination of an application for an invention on the merits includes an information search in relation to the claimed invention to determine the level of technology and verification of the compliance of the claimed invention with the conditions of patentability established by Article 4 of this Law.

Upon the expiration of six months from the date of commencement of the substantive examination of an application for an invention, an information search report is sent to the applicant, unless such an application claims a priority earlier than the filing date of the application, and a request for an examination of the application for an invention on the merits was filed when the application was filed.

The term for sending the information search report to the applicant may be extended by the federal executive authority for intellectual property, if it is found necessary to request from other organizations a source of information that is not in the funds of the federal executive authority for intellectual property, or the claimed invention is characterized in such a way that it makes it impossible conducting an information search in the prescribed manner, of which the applicant is notified.

Information search in relation to the claimed invention relating to the objects specified in paragraphs 2 and 3 of Article 4 of this Law is not carried out, of which the applicant is notified before the expiration of six months from the date of commencement of the examination of the application for the invention on the merits.

The procedure for conducting an information search and submitting a report on it is established by the federal executive body for intellectual property.

8. During the substantive examination of an application for an invention, the applicant may be requested to provide additional materials (including amended claims), without which the examination is impossible. Additional materials at the request of the examination must be submitted without changing the essence of the invention within two months from the date of receipt by the applicant of the request or copies of materials opposed to the application, provided that these copies were requested by the applicant within a month from the date of receipt by him of the request for examination. In the event that the applicant fails to submit the requested materials or an application for an extension of the deadline within the prescribed period, the application shall be deemed withdrawn. The established period for the applicant to submit the requested materials may be extended by the federal executive authority for intellectual property for no more than ten months from the date of its expiration, and subject to confirmation good reasons impossibility to comply with the established term, it may be extended by the federal executive body for intellectual property for more than ten months from the date of its expiration.

If during the examination of an application for an invention it is established in essence that the claimed invention, expressed by the formula proposed by the applicant, complies with the conditions of patentability, a decision is made to grant a patent for the invention with this formula, in which the priority date of the invention is indicated.

If, during the examination of an application for an invention, it is established in essence that the claimed invention, expressed by the formula proposed by the applicant, does not comply with the conditions of patentability, a decision is made to refuse to grant a patent.

Before the decision is made, the applicant is sent a notice of the results of the patentability test of the claimed invention with a proposal to submit his arguments on the grounds given in it. The applicant's arguments are taken into account when making a decision on the results of the examination of the application on the merits, if they are submitted within six months from the date of sending the notification.

9. In case of disagreement with the decision to refuse to grant a patent for an invention, the decision to grant a patent for an invention, or the decision to recognize the application as withdrawn, the applicant may file an appropriate objection to the Chamber for Patent Disputes of the federal executive body for intellectual property (hereinafter referred to as the Chamber for Patent disputes) within six months from the date of receipt of such a decision or copies of materials requested from the federal executive body for intellectual property, opposed to the application and indicated in the decision to refuse to grant a patent, subject to the request for these copies within two months from the date of receipt by the applicant of the decision adopted on the application for an invention.

The procedure for filing objections to the Chamber for Patent Disputes and the procedure for their consideration shall be established by the federal executive body for intellectual property.

10. The applicant and third parties have the right to apply for an information search on an application for an invention that has passed a formal examination with a positive result to determine the state of the art, in comparison with which the novelty and inventive step of the claimed invention will be assessed. The procedure and conditions for conducting such an information search and providing information about its results are established by the federal executive body for intellectual property.

11. The applicant has the right to get acquainted with all the materials specified in the examination request, the examination decision or the information search report. Copies of patent documents requested by the applicant from the federal executive authority for intellectual property shall be sent to the applicant within one month from the date of receipt of the applicant's request.

12. The deadline for submitting documents or additional materials at the request of an examination, the deadline for filing a petition for an examination of an application for an invention on the merits and the deadline for filing an objection to the Chamber for Patent Disputes, missed by the applicant, may be restored by the federal executive authority for intellectual property, subject to confirmation of good reasons for non-compliance specified terms and payment of the patent fee.

An application for the restoration of the missed deadline may be filed by the applicant not later than twelve months from the date of expiration of the deadline. Such a petition shall be filed with the federal executive authority for intellectual property at the same time as the requested documents or additional materials, or a petition for an extension of the term for the submission of these documents or materials, a petition for an examination of an application for an invention on the merits, or simultaneously with an objection to the Chamber for Patent Disputes.

1. An application for a utility model received by the federal executive body for intellectual property shall undergo an examination, during which the presence of the documents provided for by paragraph 2 of Article 17 of this Law, compliance with the established requirements for them and the absence of a violation of the unity requirement of the utility model are checked, and the question of whether the claimed solution is protected as a utility model is also considered. Verification of compliance of the claimed utility model with the conditions of patentability established by paragraph 1 of Article 5 of this Law is not carried out.

When conducting an examination of an application for a utility model, the provisions of paragraphs 2, 4, 5, 9, 11 and 12 of Article 21 of this Law shall apply respectively.

2. If, as a result of the examination, it is established that an application for a utility model has been filed for a technical solution protected as a utility model, and the application documents are drawn up in compliance with the established requirements, a decision is made to grant a patent indicating the date of filing the application for a utility model and the set priority. If the utility model claims proposed by the applicant contain features that were not in the description as of the filing date of the application, and if the utility model application contained the formula as of the filing date, the utility model claims are sent a request with a proposal to exclude these features from formulas.

If, as a result of the examination, it is established that an application for a utility model has been filed for a solution that is not protected as a utility model, a decision is made to refuse to issue a patent for the utility model.

3. The applicant and third parties have the right to apply for an information search in relation to the claimed utility model in order to determine the state of the art, in comparison with which the patentability of the utility model can be assessed. The procedure and conditions for conducting an information search and providing information about its results are established by the federal executive body for intellectual property.

4. If, when considering an application for a utility model, it is established that the information contained in it constitutes a state secret, the documents of the application shall be classified in accordance with the procedure established by the legislation on state secrets. At the same time, the applicant is informed about the possibility of withdrawing the application for a utility model or converting it into an application for a secret invention. Consideration of such an application shall be suspended until the relevant application is received from the applicant or until the application is declassified.

Article 24. Examination of an application for an industrial design

1. On an application for an industrial design received by the federal executive body for intellectual property, a formal examination is carried out, during which the presence of the documents provided for by paragraph 2 of Article 18 of this Law and compliance with the established requirements for them are checked, and if the result of the formal examination is positive examination of an application for an industrial design on the merits, which includes verification of the compliance of the claimed industrial design with the patentability conditions established by Article 6 of this Law.

2. When conducting a formal examination and examination of an application for an industrial design on the merits, the provisions of paragraphs 2, 3, 4, 5, 8, 9, 11 and 12 of Article 21 of this Law shall apply respectively.".

the words "Patent Office after the decision to grant a patent, subject to the applicant paying a fee for issuing a patent," shall be replaced by the words "Federal Executive Authority for Intellectual Property", the words "Patent Office" shall be replaced by the words "Federal Executive Authority for Intellectual Property";

add the second part of the following content:

"After the publication of information on the grant of a patent for an invention, utility model or industrial design, any person has the right to familiarize himself with the application documents and the information search report. The procedure for familiarization with the application documents and the information search report is established by the federal executive body for intellectual property.".

the first paragraph shall be amended as follows:

"1. The federal executive authority for intellectual property shall enter into 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 (hereinafter referred to as the registers) an invention, utility model or industrial design and issue a patent for an invention, useful model or industrial design.";

add the following paragraph:

"Registration of an invention, utility model or industrial design and the grant of a patent are subject to the payment of the relevant patent fee. If a document confirming the payment of the patent fee is not submitted in the prescribed manner, the registration of the invention, utility model or industrial design and the grant of a patent are not carried out, and the corresponding application is recognized withdrawn.";

add paragraph 4 with the following content:

"4. The federal executive authority for intellectual property publishes in its official bulletin information about any changes in entries in the registers.".

Article 28. Transformation of Applications

Prior to the publication of information about an application for an invention, but no later than the date of the decision to grant a patent for an invention, the applicant has the right to convert it into an application for a utility model by filing an appropriate application, except if the application is accompanied by an application provided for in paragraph 3 of Article 13 of this Law . The transformation of an application for a utility model into an application for an invention is possible until the date of the decision to grant a patent, and in the event of a decision to refuse to grant a patent - before the possibility of filing an objection against this decision provided for by this Law has been exhausted.

With these transformations, the priority of the invention or utility model and the filing date of the application are preserved."

27. The title of Section VI after the word "termination" shall be supplemented with the words "and restoration".

1. A patent for an invention, utility model or industrial design during the entire period of its validity may be invalidated in whole or in part in the following cases:

1) non-compliance of the patented invention, utility model or industrial design with the conditions of patentability established by this Law;

2) the presence in the claims of the invention or utility model or the list of essential features of the industrial design, which are contained in the decision to grant a patent, features that were absent as of the filing date of the application in the description of the invention or utility model and in the claims of the invention or utility model, if the application on the date of its filing contained a formula, or on product images;

3) issuance of a patent in the presence of several applications for identical inventions, utility models or industrial designs having the same priority date, in violation of the conditions specified in paragraph 7 of Article 19 of this Law;

4) issuance of a patent indicating in it as the author or patent holder a person who is not such in accordance with this Law, or without indicating in the patent as an author or patent holder a person who is such in accordance with this Law.

2. An objection to the grant of a patent on the grounds provided for in subparagraphs 1-3 of paragraph 1 of this article shall be filed with the Chamber for Patent Disputes.

The procedure for filing objections against the grant of a patent to the Chamber for Patent Disputes and the procedure for their consideration shall be established by the federal executive body for intellectual property.

The decision of the Chamber for Patent Disputes is approved by the head of the federal executive body for intellectual property, enters into force from the date of approval and may be appealed to the court.

3. A patent for an invention, utility model or industrial design is declared invalid in whole or in part on the basis of a decision taken on an objection filed in accordance with paragraph 2 of this article, or a court decision that has entered into legal force, including a court decision taken on the basis of the results of consideration of the dispute on the grounds specified in subparagraph 4 of paragraph 1 of this article.

A patent for an invention, utility model or industrial design that has been declared invalid in whole or in part shall be cancelled. If a patent is declared invalid, a new patent is partially issued.

Article 30. Early termination of a patent for an invention, utility model or industrial design

A patent for an invention, utility model or industrial design is terminated early:

on the basis of an application filed by the patent owner with the federal executive authority for intellectual property - from the date of receipt of the application. If a patent is issued for a group of inventions, utility models or industrial designs, and the patent holder's application is filed in respect of not all of such a group, the patent is terminated only in respect of the invention, utility model or industrial design specified in the application;

in case of non-payment of the patent fee for maintaining a patent for an invention, utility model or industrial design within the established period - from the date of expiration of the established period for payment of the patent fee for maintaining the patent in force.".

1. The validity of a patent for an invention, utility model or industrial design, which was terminated due to the fact that the patent fee for maintaining the patent in force was not paid within the established period, may be restored at the request of the person who owned the patent for the invention, useful model or industrial design. Such a request must be filed with the federal executive authority for intellectual property within three years from the date of expiration of the term for payment of the specified patent fee, but before the expiration of the term of the patent established in accordance with this Law. The application must be accompanied by a document confirming the payment of the patent fee in the prescribed amount for the restoration of the patent.

2. The federal executive body for intellectual property publishes in its official bulletin information on the restoration of the validity of a patent for an invention, utility model or industrial design.

3. Any person who, during the period between the date of termination of a patent for an invention, utility model, or industrial design, and the date of publication in the official bulletin of the federal executive body for intellectual property of information about the restoration of the patent, has begun using the patented invention, utility model, or industrial design, or made the necessary preparations for this during the specified period, retains the right to its further free use without expanding the scope of such use (the right after use).

30. Supplement with section VI.1 as follows:

"SECTION VI.1 FEATURES OF LEGAL PROTECTION OF SECRET INVENTIONS

Article 30.2. Filing and consideration of applications for the issuance of a patent for secret inventions

1. Applications for the issuance of a patent for secret inventions for which the degree of secrecy is "special importance" or "top secret", as well as for secret inventions that relate to weapons and military equipment and methods and means in the field of intelligence, counterintelligence and operational-search activities and for which the degree of secrecy "secret" is established, are submitted, depending on their thematic affiliation, to the federal executive bodies authorized by the Government of the Russian Federation (hereinafter referred to as the authorized bodies). Other applications for the issuance of a patent for secret inventions are filed with the federal executive authority for intellectual property.

2. If, during consideration by the federal executive authority for intellectual property of an application for an invention, it is established that the information contained therein constitutes a state secret, the application for an invention shall be classified in accordance with the procedure established by the legislation on state secrets and shall be considered an application for a patent. for a secret invention.

Classification of an application submitted by foreign citizens or foreign legal entities is not allowed.

3. When considering an application for a patent for a secret invention (hereinafter referred to as an application for a secret invention), the provisions of Article 21 of this Law shall apply accordingly. At the same time, the publication of information about such an application, provided for in paragraph 6 of Article 21 of this Law, is not carried out.

An objection against a decision taken on an application for a secret invention by the authorized body shall be considered in the manner established by this body. The decision taken on such an objection may be appealed to the court.

4. When establishing the novelty of a secret invention, the state of the art also includes, subject to their earlier priority, secret inventions patented in the Russian Federation and secret inventions for which USSR author's certificates have been issued, if the degree of secrecy is established for them no higher than the degree of secrecy of the invention , whose novelty is established.

5. The provisions of Article 28 of this Law on the transformation of an application for an invention into an application for a utility model shall not apply to applications for secret inventions.

6. Submission of applications for secret inventions, consideration of these applications and handling of them shall be carried out in compliance with the requirements of the legislation on state secrets.

Article 30.3. Registration and issuance of a patent for a secret invention. Dissemination of information about a secret invention

1. Registration of a secret invention in the State Register of Inventions of the Russian Federation and the grant of a patent for a secret invention shall be carried out by the federal executive authority for intellectual property or, if the decision to grant a patent for a secret invention has been taken by an authorized body, by this body. The authorized body that has registered a secret invention and issued a patent for a secret invention shall notify the federal executive body for intellectual property of this.

The federal executive body for intellectual property, the authorized body make corrections of obvious and technical errors in the patent for a secret invention issued by them and (or) the register.

2. Information about applications and patents for secret inventions, as well as changes related to secret inventions in the registers are not published. The transfer of information about such patents is carried out in accordance with the legislation on state secrets.

Article 30.4. Changing the degree of secrecy and declassifying inventions

1. Changing the degree of secrecy and declassifying inventions, as well as changing and removing secrecy marks from application documents and from a patent for a secret invention shall be carried out in accordance with the procedure established by the legislation on state secrets.

2. When the degree of secrecy of an invention is increased, the federal executive authority for intellectual property shall transfer the application documents for a secret invention, depending on their thematic affiliation, to the appropriate authorized body. Further consideration of the application, the record keeping of which by the time the degree of secrecy has not been completed by the federal executive body for intellectual property, is carried out by the authorized body. When the degree of secrecy of an invention is reduced, further consideration of the application for a secret invention is carried out by the same authorized body that considered the application.

3. When declassifying an invention, the authorized body shall transfer the declassified documents of the application for a secret invention that it has to the federal executive body for intellectual property. Further consideration of the application, the record keeping of which has not been completed by the authorized body by the time of declassification, is carried out by the federal executive body for intellectual property.

Article 30.5. Invalidation of a patent for a secret invention

An objection to the issuance of a patent for a secret invention by an authorized body on the grounds provided for in subparagraphs 1-3 of paragraph 1 of Article 29 of this Law shall be filed with this authorized body and considered in the manner established by it. The decision of the authorized body, adopted on the objection, is approved by the head of this body, enters into force from the date of its approval and may be appealed to the court.

Article 30.6. Exclusive right to a secret invention

1. The use of a patented secret invention, the transfer of the exclusive right to a secret invention (assignment of a patent) and the granting of the right to use a secret invention to other persons shall be carried out in compliance with the legislation on state secrets.

2. A license agreement for the use of a patented secret invention shall be subject to registration with the body that issued the patent for the secret invention or its successor, and in the absence of a successor, with the federal executive body for intellectual property. Without the specified registration, the license agreement is considered invalid.

3. Applications for open license and on the transfer of the exclusive right to an invention (assignment of a patent), provided for by paragraphs 2 and 3 of Article 13 of this Law, respectively, cannot be filed in relation to a secret invention. Applications made in relation to such an invention do not entail the consequences provided for by the said paragraphs.

4. A compulsory license in respect of a secret invention, provided for in paragraphs 3 and 4 of Article 10 of this Law, shall not be granted.

5. In addition to the actions provided for in Article 11 of this Law, the use of a patented secret invention by a person who did not know and could not legally know about the existence of a patent for this invention shall not be recognized as a violation of the exclusive right of a patent owner to a secret invention. After the declassification of the invention or notification of the specified person by the patent owner of the existence of a patent for this invention, the specified person must stop using the patented invention or conclude a license agreement with the patent owner, unless there was a right of prior use.

The following disputes are considered in court:

on the establishment of the patent owner;

on violation of the exclusive right to an invention, utility model, industrial design;

on the conclusion and execution of agreements on the transfer of an exclusive right (assignment of a patent) and license agreements for the use of an invention, utility model, industrial design;

about the right after use;

on the amount, term and procedure for paying remuneration to the author of an invention, utility model, industrial design in accordance with this Law;

on the amount, term and procedure for payment of compensations provided for by this Law;

other disputes related to the protection of rights certified by a patent.

Article 32. Responsibility for violation of this Law

Violation of this Law shall result in civil, administrative or criminal liability in accordance with the legislation of the Russian Federation.".

in the title the words "objects of industrial property" shall be replaced by the words "inventions, utility models, industrial designs";

the words "industrial property objects" shall be replaced by the words "inventions, utility models, industrial designs", the words "using the said objects" shall be replaced by the words "using them".

1. An application for an invention or utility model created in the Russian Federation may be filed with foreign states or international organizations after six months from the date of filing the relevant application with the federal executive authority for intellectual property, unless the applicant is notified of the that the application contains information constituting a state secret. An application for an invention or utility model may be filed earlier than the specified period, but after the verification of the content in the application of information constituting a state secret at the request of the applicant. The procedure for verifying the content of information constituting a state secret in an application is established by the Government of the Russian Federation.

2. Patenting in accordance with the Treaty on Patent Cooperation or the Eurasian Patent Convention of an invention or utility model created in the Russian Federation is allowed without prior filing of the corresponding application with the federal executive authority for intellectual property, if the application in accordance with the Treaty on Patent Cooperation (international application) has been filed with the federal executive authority for intellectual property as the receiving Office and it indicates the Russian Federation as the state in which the applicant intends to obtain a patent, and the Eurasian application has been filed through the federal executive authority for intellectual property.".

35. Add articles 37.1 and 37.2 with the following content:

"Article 37.1. International and Eurasian applications having the force of applications provided for by this Law

1. The federal executive authority for intellectual property begins consideration of an international application for an invention or utility model filed in accordance with the Patent Cooperation Treaty and in which the Russian Federation is indicated as the state in which the applicant intends to obtain a patent for an invention or utility model, after the expiration of thirty-one months from the date of the priority claimed in the international application or, if there is a corresponding request of the applicant, before its expiration, provided that the international application is filed in Russian or the applicant before the expiration of the specified period submitted to the federal executive authority for intellectual property a translation into the Russian language of an application for a patent for an invention or utility model contained in an international application filed in another language.

Submission to the federal executive authority for intellectual property of a translation into Russian of an application for the grant of a patent for an invention or utility model contained in an international application may be replaced by the submission of an application for the grant of a patent provided for by this Law.

If the said documents are not submitted within the established period, the effect of the international application in respect of the Russian Federation in accordance with the Patent Cooperation Treaty shall be terminated.

The period established by paragraph 3 of Article 20 of this Law for making changes to the application documents shall be calculated from the date of commencement of consideration by the federal executive authority for intellectual property of the international application in accordance with this Law.

2. Consideration of a Eurasian application for an invention, which, in accordance with the Eurasian Patent Convention, has the force of an application for an invention provided for by this Law, is carried out starting from the date when the federal executive authority for intellectual property received a certified copy of the Eurasian application from the Eurasian Patent Office. The period established by paragraph 3 of Article 20 of this Law for making changes to the application documents shall be calculated from the same date.

3. Publication in Russian of an international application by the International Bureau of the World Intellectual Property Organization in accordance with the Patent Cooperation Treaty or publication of a Eurasian application by the Eurasian Patent Office in accordance with the Eurasian Patent Convention replaces the publication of information about the application provided for in paragraph 6 of Article 21 of this Law.

Article 37.2. Eurasian patent and patent of the Russian Federation for identical inventions

In the event that a Eurasian patent and a patent of the Russian Federation for identical inventions or identical inventions and utility models having the same priority date belong to different patent holders, such inventions or invention and utility model may only be used in compliance with the rights of all their patent holders.

If a Eurasian patent and a patent of the Russian Federation for identical inventions or identical inventions and utility models with the same priority date belong to the same person, this person may grant any person the right to use such inventions or inventions and utility models. models in accordance with the license agreement concluded on the basis of these patents.".

Article 2

Applications for the issuance of a patent for an invention, a certificate for a utility model or a patent for an industrial design, the consideration of which has not been completed before the effective date of this Federal Law, shall be considered in the manner prescribed by this Federal Law.

Article 3

1. Objections and complaints, consideration of which, respectively, by the Appeals Chamber of the Russian Agency for Patents and trademarks(hereinafter - the Appellate Chamber) and the Supreme Patent Chamber of the Russian Agency for Patents and Trademarks (hereinafter - the Supreme Patent Chamber) is not completed before the date of entry into force of this Federal Law, are considered by them before the creation of the Chamber for Patent Disputes. If the consideration of the said objections and complaints is not completed before the creation of the Chamber for Patent Disputes, after the creation of the Chamber for Patent Disputes, they are considered by the Chamber for Patent Disputes.

2. Objections and petitions received after the entry into force of this Federal Law shall be considered by the Appellate Chamber prior to the creation of the Chamber for Patent Disputes. If the consideration of the said objections and petitions is not completed before the creation of the Chamber for Patent Disputes, after the creation of the Chamber for Patent Disputes, they are considered by the Chamber for Patent Disputes.

3. Decisions of the Chamber of Appeal and the Supreme Patent Chamber are approved by the head of the federal executive body for intellectual property, come into force from the date of approval and may be appealed to the court.

Article 4

When verifying the compliance of inventions, utility models or industrial designs contained in applications filed before the effective date of this Federal Law with the terms of patentability, the terms of patentability shall be applied. established by law in force on the date of application.

Article 5

1. Applications for the issuance of a certificate for a utility model filed prior to the effective date of this Federal Law shall be equated with applications for the issuance of a patent for a utility model.

2. Utility model certificates issued prior to the date of entry into force of this Federal Law shall be equated under the legal regime with utility model patents.

Article 6

1. The provisions of this Federal Law on the possibility of an applicant filing an application with an obligation to conclude an agreement on the transfer of the exclusive right to an invention (assignment of a patent) and the consequences of filing such an application shall also apply to applications for a patent for an invention filed before the effective date of this Federal Law, if these applications have not been withdrawn and are not recognized as withdrawn as of the indicated date, and a decision has not been made on them to grant a patent or to refuse to issue it. For such applications, the said application may be filed within three months from the date of entry into force of this Federal Law. Patent fees paid for acts performed prior to the filing of said application shall not be refunded.

2. The provisions of this Federal Law on the invalidation of a patent for an invention, utility model or industrial design in case of violation of the conditions established by this Federal Law for applications for identical inventions, utility models or industrial designs with the same priority date shall apply to patents, decisions on the issuance of which are accepted after the date of entry into force of this Federal Law.

3. The provisions of this Federal Law on the restoration of the validity of a patent for an invention, utility model or industrial design, terminated due to non-payment of the patent fee for maintaining the patent in force, shall also apply to patents, the validity of which was terminated ahead of schedule before the date of entry into force of this Federal Law, if on this date the three-year period from the date of termination of their validity and the period of validity of the patent established by the Patent Law of the Russian Federation have not expired.

Article 7

1. According to an application for issuing a USSR author's certificate for an invention (including a secret invention) or a USSR patent for an invention, a USSR certificate or a USSR patent for an industrial design, in respect of which, as of the date of entry into force of this Federal Law, the paperwork has not been completed and has not a title of protection has been issued, the applicant (applicants) or his successor (successors) together with the author (authors) or his successor (successors) before the expiration of twenty years from the date of receipt of an application for an invention and fifteen years from the date of receipt of an application for an industrial design have the right to file with the federal the executive authority for intellectual property a petition for the issuance of a patent of the Russian Federation for the remaining period, while maintaining the priority of the invention or industrial design.

Applications for which the said petitions have been filed shall be considered in accordance with the procedure established by this Federal Law. In this case, the conditions for the patentability of an invention or industrial design, provided for by the legislation in force on the date of receipt of the application, are applied.

Law on consumer protection Laws of the Russian Federation

Law of the Russian Federation of February 7, 1992 N 2300-I "On Protection of Consumer Rights"

(as amended June 2, 1993, January 9, 1996, December 17, 1999, December 30, 2001, August 22, November 2, December 21, 2004)

This Law regulates relations arising between consumers and manufacturers, performers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and the environment , obtaining information about goods (works, services) and their manufacturers (executors, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Basic concepts used in this Law:

consumer- a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to the implementation entrepreneurial activity; manufacturer - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers; contractor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

salesman- an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sales contract; standard - state standard, sanitary norms and rules, building norms and rules and other documents that, in accordance with the law, establish mandatory requirements for the quality of goods (works, services);

lack of goods (work, services)- non-compliance of goods (work, services) or mandatory requirements provided by law or in the manner prescribed by it, or the terms of the contract, or the purposes for which goods (work, services) of this kind are usually used, or the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling goods according to the sample and (or) according to the description;

a significant lack of goods (work, services)- an irreparable defect or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar disadvantages;

safety of goods (works, services)- safety of the goods (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service).

authorized by the manufacturer (seller) organization or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter referred to as the authorized organization or authorized individual entrepreneur) is an organization engaged in certain activities, or an organization established on the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer (foreign seller), performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the territory of the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller), including with a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer- an organization, regardless of the legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

Question 112. Features of consideration of cases on disputes on consumer protection. Harm caused to life, health or property of a citizen or property legal entity due to design, prescription or other defects in the product, work or service, as well as

5. What consumer rights are provided by the Law of the Russian Federation "On Protection of Consumer Rights"? Currently, according to the Law "On the Protection of Consumer Rights", the consumer has the right: to purchase goods (works, services) of good quality and safe for life, health, property

6. What relationships are not regulated by the law "On Protection of Consumer Rights"? The Law of the Russian Federation "On the Protection of Consumer Rights" does not regulate relations that arise from gratuitous civil law contracts. These relationships include the following:

7. Does the Law of the Russian Federation “On the protection of the rights of

Article 408. Consumer Rights Protection Agency (1) The offenses provided for in Articles 84, 278-281, 344-348 are established and examined by the Consumer Rights Protection Agency. (2) The Director of the Agency for

1.8. Consumer Rights Protection Cases

Law of the Russian Federation "On Protection of Consumer Rights" with sample applications: as of 2013

Chapter 6

1. Features of the application of consumer protection legislation civil law relations as a consumer, is always a weaker and less protected party compared to the organization (individual

5. Cases on the protection of consumer rights The seller (manufacturer), who has violated the deadline for satisfying the consumer's claim for compensation for losses caused by the termination of the contract of sale, pays the consumer for each day of delay a penalty (fine) in the amount of one

Chapter 1. Codes and consumer protection law Before talking about consumer rights, you need to understand the terms. So what is a consumer? This is a citizen who intends to buy or buys and uses goods (works, services) solely for

1.1. The main categories of legislation on consumer protection Law of the Russian Federation of February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” regulates relations between a consumer - a citizen who has the intention to order or purchase or ordering, acquiring or

3.1. Law on the Protection of Consumer Rights The Law on the Protection of Consumer Rights regulates relations between consumers and manufacturers, performers, sellers in the sale of goods (performance of work, provision of services), establishes the rights of consumers to

Law No. 2300-1 RUSSIAN FEDERATION LAW ON PROTECTION OF CONSUMER RIGHTS February 7, 1992 No. 2300-1 , dated 22.08.2004 No. 122-FZ, dated 02.11.2004 No. 127-FZ, dated 21.12.2004 No. 171-FZ, dated 27.07.2006 No. 140-FZ, dated 16.10.2006 No. 160-FZ, dated 25.11.2006 No. 193-FZ, dated

Federal Law On Consumer Rights Protection .2004 No. 127-FZ, dated 21.12.2004 No. 171-FZ, dated 27.07.2006 No. 140-FZ, dated 16.10.2006 No. 160-FZ, dated 25.11.2006 No. 193-FZ, dated 25.10.2007 No. 234- FZ, dated July 23, 2008 No. 160-FZ, dated

THE RUSSIAN FEDERATION

ABOUT CONSUMER PROTECTION

This Law regulates relations arising between consumers and manufacturers, performers, importers, sellers in the sale of goods (performance of works, provision of services), establishes the rights of consumers to purchase goods (works, services) of adequate quality and safe for life, health, property of consumers and environment, obtaining information about goods (works, services) and their manufacturers (performers, sellers), education, state and public protection of their interests, and also determines the mechanism for the implementation of these rights.

Basic concepts used in this Law:

consumer - a citizen who intends to order or purchase or ordering, acquiring or using goods (works, services) solely for personal, family, household and other needs not related to entrepreneurial activities;

manufacturer - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur producing goods for sale to consumers;

contractor - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur performing work or providing services to consumers under a reimbursable contract;

seller - an organization, regardless of its organizational and legal form, as well as an individual entrepreneur selling goods to consumers under a sale and purchase agreement;

paragraph is invalid. - Federal Law of December 21, 2004 N 171-FZ;

lack of goods (work, service) - non-compliance of the goods (work, service) or the mandatory requirements provided for by law or in the manner prescribed by it, or the terms of the contract (in their absence or incompleteness of the conditions with the usual requirements), or the purposes for which the goods (work , service) of this kind is usually used, or for the purposes of which the seller (executor) was informed by the consumer at the conclusion of the contract, or the sample and (or) description when selling goods according to the sample and (or) according to the description;

significant defect of a product (work, service) - an unrecoverable defect or defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or reappears after its elimination, or other similar defects;

safety of a product (work, service) - the safety of a product (work, service) for life, health, property of the consumer and the environment under normal conditions of its use, storage, transportation and disposal, as well as the safety of the process of performing work (rendering a service);

an organization authorized by the manufacturer (seller) or an individual entrepreneur authorized by the manufacturer (seller) (hereinafter - an authorized organization or an authorized individual entrepreneur) - an organization engaged in certain activities, or an organization established in the territory of the Russian Federation by a manufacturer (seller), including a foreign manufacturer ( a foreign seller) performing certain functions on the basis of an agreement with the manufacturer (seller) and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality, or an individual entrepreneur registered in the Russian Federation, performing certain functions on the basis of an agreement with the manufacturer (seller) ), including with a foreign manufacturer (foreign seller), and authorized by him to accept and satisfy the requirements of consumers in relation to goods of inadequate quality;

importer - an organization, regardless of its organizational and legal form, or an individual entrepreneur, importing goods for their subsequent sale on the territory of the Russian Federation.

Chapter I. GENERAL PROVISIONS

Chapter II. PROTECTION OF CONSUMER RIGHTS IN THE SALES

GOODS TO CONSUMERS

Chapter III. CONSUMER PROTECTION DURING PERFORMANCE

WORKS (SERVICES)

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