Russian patent to an Industrial Design

An artistic and design presentation of an article, manufactured industrially or by artisans, that defines its outward appearance, shall be protected as an industrial design (article 1352 of Civil Code of the Russian Federation).

The exclusive right to an industrial design shall be recognized and protected subject to official registration of the respective industrial design on the basis of which the federal executive authority for intellectual property shall issue a patent for the industrial design (article 1353 of Civil Code of the Russian Federation).

Protection of intellectual rights for an industrial design shall be granted on the basis of a patent and the scope of protection shall be determined by the sum of its essential features as shown on the representation of the article and included in the list of essential features of an industrial design (article 1354 of Civil Code of the Russian Federation).

The term of the exclusive right to an industrial design and of the patent certifying this right shall be counted from the filing date of the initial application for the grant of a patent with the federal executive authority for intellectual property and shall constitute 15 (fifteen) years.

The term of the exclusive right to an industrial design and the patent certifying this right shall be extended by the federal executive authority for intellectual property upon request of the patent holder for a period indicated in the application but not exceeding 10 (ten) years (article 1363 of Civil Code of the Russian Federation).

The annual patent fees shall be paid in order to keep in force the patent to an industrial design. If the payment of patent fees is not made within the established time limit, the patent is terminated. The effect of patent can be revived within 3 (three) years from the date of expiration of the patent fees payment, but before expiration of the patent life.