Russian patent to an Utility Model

A technical solution relating to a device shall be protected as a utility model (article 1351 of Civil Code of Russian Federation).

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

The protection of intellectual rights to a utility model shall be granted on the basis of a patent and the scope of protection shall be determined by the claims contained in the patent for the utility model (article 1354 of Civil Code of Russian Federation).

The term of the exclusive right to a utility model 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 10 (ten) years.

The term of the exclusive right to a utility model 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 3 (three) years (article 1363 of Civil Code of Russian Federation).

The annual patent fees shall be paid in order to keep in force the patent to a utility model. 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.