Termination and revocation of a foreign citizen's patent: reasons, consequences, procedure. Obtaining a patent, termination and restoration of its validity Patent law, termination and restoration of a patent

Article 1398. Invalidation of a patent for an invention, utility model or industrial design
1. A feature of the recognition of a patent as invalid is that for three of the four grounds for such recognition, the legislator provides for a mandatory pre-trial procedure for considering the dispute in administrative procedure- in the chamber for patent disputes, and only in one case (when a patent is challenged in connection with the indication of inappropriate persons as the author and (or) patent holder) the case of invalidating the patent can be immediately considered in court.
2. Recognition of a patent as invalid entails a number of legal consequences. Firstly, it stops exclusive right the patent holder (now former) for this object of patent rights. Regarding legal protection the object of patent rights itself, then options are possible. Thus, if a patent is declared invalid on the grounds that the author and (or) patent holder were incorrectly indicated in it, then such an object has every chance of being protected further within the framework of a newly issued patent with the author and (or) patent holder correctly indicated. On the other hand, if a patent is declared invalid due to the non-compliance of the object with the conditions of patentability, such an object has no further prospects for legal protection. In this case, such an object becomes an unguarded result intellectual activity and can be used by anyone and everyone.
It is important that the legislator indicates that the invalidation of a patent has retroactive effect, i.e., the patent is invalidated from the date of filing the patent application, and not from the moment the decision to invalidate it is made.
Secondly, previously concluded license agreements are terminated, and the return of what has already been executed under them is not made.

Article 1399. Early termination of a patent for an invention, utility model or industrial design

Article 1400. Restoration of a patent for an invention, utility model or industrial design. Right of after-use
A patent may be terminated early on the grounds specified in Art. 1399 Civil Code. However, if the patent is terminated for one of the specified reasons - non-payment of fees for maintaining the patent in force - the validity of the patent can be restored according to the rules set out in paragraph 1 of Art. 1400 GK.
A special consequence of the restoration of a patent is the emergence of a special property right - the right of post-use.

Within the framework of patent law, the issue of the grounds and procedure for acquiring a patent, terminating and restoring its validity is of particular importance. As noted above, the exclusive right to an invention, utility model or industrial design is recognized and protected only on condition state registration corresponding to the invention, utility model or industrial design, on the basis of which Rospatent issues a patent for an invention, utility model, or industrial design.

Patent for an invention, utility model or industrial design - This legal document certifying the priority of an invention, utility model or industrial design, authorship and exclusive right to an invention, utility model or industrial design. To receive it, the author must submit an application. According to Art. 1374 of the Civil Code of the Russian Federation, an application for a patent for an invention, utility model or industrial design is submitted to the territorial bodies of Rospatent by a person qualified to obtain a patent (applicant) exclusively in Russian. If the application documents are submitted in another language, their translation into Russian is attached to the application. An application for a patent for an invention, utility model or industrial design shall be accompanied by a document confirming payment of the patent fee in the prescribed amount, or a document confirming the grounds for exemption from payment of the patent fee, or a reduction in the amount, or a deferment of payment.

The right to submit documents belongs to the applicant and the patent attorney. Patent attorneys citizens are recognized who carry out activities related to the legal protection of the results of intellectual activity and means of individualization, the protection intellectual rights, the acquisition of exclusive rights to the results of intellectual activity and means of individualization, the disposal of such rights that have received this status in the manner prescribed by law.

Requirements for this category of persons have been established Federal law dated December 30, 2008 No. 316-FZ “On Patent Attorneys”. A citizen can be certified and registered as a patent attorney Russian Federation who has reached the age of 18 years, permanently resides in the territory of the Russian Federation, has higher education and at least four years of experience in the field of work as a patent attorney in accordance with the specialization for which the citizen expresses a desire to be certified and registered as a patent attorney.

A patent attorney has the right to execute and submit on behalf of the principal, customer, employer applications and other documents required in accordance with the legislation of the Russian Federation and international treaties Russian Federation to obtain legal protection of the results of intellectual activity and means of individualization, including those created in the implementation of international scientific and technical cooperation. When filing applications for patents for secret inventions, the patent attorney must have appropriate access to information constituting a state secret. Thus, a patent application can be signed by both the applicant and the patent attorney. Let us consider in more detail the requirements for the content of applications for various objects of patent rights.

Application for invention must contain: an application for a patent indicating the author of the invention and the person in whose name the patent is sought, as well as the place of residence or location of each of them; description of the invention, revealing it in completeness sufficient for implementation; a claim expressing its essence and based entirely on its description; drawings and other materials, if they are necessary to understand the essence of the invention; abstract.

Application for utility model must contain: an application for a patent indicating the author of the utility model and the person in whose name the patent is sought, as well as the place of residence or location of each of them; description of the utility model, revealing it with completeness sufficient for implementation; a utility model formula expressing its essence and based entirely on its description; drawings, if they are necessary to understand the essence of the utility model; abstract.

Application for an industrial design must contain: an application for a patent indicating the author of the industrial design and the person in whose name the patent is sought, as well as the place of residence or location of each of them; a set of product images giving a complete detailed picture of the product’s appearance; drawing general view products, ergonomic diagram, configuration card, 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.

The applicant has the right to make corrections and clarifications to the application documents for an invention, utility model or industrial design, including by submitting additional materials, before a decision is made on this application to grant a patent or to refuse to issue a patent, if these corrections and clarifications do not change the essence claimed invention, utility model or industrial design. Along with this, the applicant is given the right to withdraw an application for an invention, utility model or industrial design before their state registration in the relevant register.

The legislation allows the transformation of an application for an invention or utility model (Article 1379 of the Civil Code of the Russian Federation) before the date of the decision to issue a patent, and in the case of a decision to refuse to issue a patent, before the possibility of filing an objection to this decision has been exhausted.

Procedure for obtaining a patent begins from the moment the corresponding application is received and includes several stages. Let's look at it using the example of invention registration.

First stage - preparatory, includes a formal examination of the application for an invention and publication of information about the application for an invention. So, officials Those who accepted the application check the availability of the necessary documents and their compliance with the established requirements.

Rospatent notifies the applicant of the positive result of the formal examination and the date of filing the application for the invention immediately after completion of the formal examination. If an application for an invention does not meet the established requirements for application documents, Rospatent sends a request to the applicant with an offer to submit corrected or missing documents within two months from the date of receipt of the request. If the applicant is in deadline fails to submit the requested documents or submits a request to extend this period, the application is considered withdrawn. This period may be extended by Rospatent for no more than 10 months.

Publication of information about an application for an invention occurs in the official gazette after 18 months from the date of filing an application for an invention that has passed a formal examination with a positive result. The author of the invention has the right to refuse to be mentioned as such in published information about the application for an invention.

Second stage - The main one involves conducting an examination of the application for an invention on the merits and making a decision on whether to issue a patent or to refuse to issue it. Subject to the completion of the formal examination of this application with a positive result, a substantive examination of the application for an invention is carried out. The applicant must be notified of requests from third parties received by Rospatent.

The deadline for filing a request for an examination of the application for an invention on the merits may be extended by the federal body executive branch By intellectual property but the applicant’s petition submitted before the expiration of this period, but not more than two months, provided that along with the petition a document confirming payment of the patent fee is submitted. The examination of an application for an invention essentially includes an information search in relation to the claimed invention to determine the level of technology, in comparison with which the novelty and inventive step of the invention will be assessed; checking the compliance of the claimed invention with the conditions of patentability.

After six months from the date of commencement of the substantive examination of the application for an invention, Rospatent sends the applicant a report on the information search, unless priority is claimed for such an application earlier than the filing date of the application, and if a request for a substantive examination of the application for an invention is submitted upon filing applications.

If, as a result of the examination of the application for an invention on the merits, it is established that the claimed invention meets the conditions of patentability, Rospatent makes a decision to issue a patent for the invention with this formula. The decision shall indicate the priority date of the invention.

Otherwise, a decision is made to refuse to issue a patent. Before a decision is made to issue a patent or to refuse to issue a patent, the federal executive body for intellectual property sends the applicant a notification of the results of checking the patentability of the claimed invention with an invitation to present his arguments on the grounds given in the notification.

The applicant's arguments are taken into account when making a decision if they are presented within six months from the date of receipt of the notification.

Third stage - final, and comes down to entering the invention, utility model or industrial design into the relevant state register and publishing information about the grant of a patent. Based on the decision to issue a patent for an invention, utility model or industrial design, the federal executive body for intellectual property enters the invention, utility model or industrial design into the appropriate state register - the State Register of Inventions of the Russian Federation, the State Register of Utility Models of the Russian Federation and the State Register industrial designs of the Russian Federation, and issues a patent for an invention, utility model or industrial design.

State registration of an invention, utility model or industrial design and the issuance of a patent are subject to payment of the appropriate patent fee. Publication of information about the grant of a patent for an invention, utility model, industrial design is carried out in the official gazette and includes information about the author (unless the author refused to be mentioned as such), the name or designation of the patent holder, the name and formula of the invention or utility model, or a list of essential features industrial design and its image.

Patent termination possible in several cases. First, a patent expires when it expires. Secondly, the patent is terminated early on the basis of an application submitted by the patent holder to the federal executive body for intellectual property - from the date the application is received. If a patent is issued for a group of inventions, utility models or industrial designs, and the patent holder’s application is filed in relation to not all objects of patent rights included in the group, the patent is terminated only in relation to the inventions, utility models or industrial designs specified in the application. Thirdly, a patent shall cease to be valid if the patent fee for maintaining a patent for an invention, utility model or industrial design is not paid within the established period of time - from the date of expiration of the established period for payment of the patent fee for maintaining the patent in force.

Reinstatement of the patent for an invention, utility model or industrial design is possible only in the latter case. It is carried out by Rospatent at the request of the person who owned the patent. A petition to restore the validity of a patent may be filed with the specified federal body within three years from the date of expiration of the patent fee payment, but before the expiration of the patent. The application must be accompanied by a document confirming payment of the established amount of the patent fee for restoration of the patent.

Patent for an invention, utility model or industrial design may be rendered invalid (in whole or in part) during its validity period, if it is discovered that the invention, utility model or industrial design does not comply with the conditions of patentability, or it is established that 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, contain features absent on the filing date of the application in the description of the invention or utility model and in the formula of the invention or utility model (if the application for an invention or utility model contained such a formula on the date of its filing) or in the images of the product; as well as in the case of a patent being issued in the presence of several applications for identical inventions, utility models or industrial designs having the same priority date.

§ 6. Termination and restoration of a patent

Article 1396. Invalidation of a patent for

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

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

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

issuance of a patent in the presence of several applications for identical inventions, utility models or industrial designs that have the same priority, in violation of the conditions specified in Article 1381 of this Code;

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

2. The issuance of a patent for an invention, utility model or industrial design may be challenged by any person who has become aware of the violations provided for in subparagraphs 1-3 of paragraph 1 of this article by filing an objection with the Chamber of Patent Disputes.

The issuance of a patent for an invention, utility model or industrial design may be challenged in court by any person who has become aware of the violations provided for in subparagraph 4 of paragraph 1 of this article.

3. A patent for an invention, utility model or industrial design is invalidated in whole or in part on the basis of a decision federal body executive power for

intellectual property adopted in accordance with paragraph 3 of Article 1247 of this Code, or a court decision that has entered into legal force.

If a patent is partially invalidated, a new patent is issued.

4. A patent for an invention, utility model or industrial design, recognized as invalid in whole or in part, is canceled from the date of filing the patent application.

At the same time, licensing agreements concluded before a decision on the invalidity of a patent was made remain valid to the extent that they were executed at that time.

5. Recognizing a patent as invalid means canceling the decision of the federal executive body for intellectual property to register an invention, utility model or industrial design and issuing a patent for the invention, utility model or industrial design (Article 1391) and canceling the corresponding entry in the state register.

Article 1397. Early termination of a patent forinvention, utility model or industrial design

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

on the basis of an application submitted by the patent holder to the federal executive body for intellectual property - from the date of receipt of the application. In the event that a patent is issued for a group of inventions, utility models or industrial designs, and the application of the patent holder is filed in relation to not all objects of patent rights included in the group, the patent is terminated only in relation to the inventions, utility models or industrial designs specified in the application;

in case of failure to pay the patent fee within the established period for maintaining a patent for an invention, utility model or industrial design in force - from the date of expiration of the established period for paying the patent fee for maintaining the patent in force.

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Article 1398. Restoring the validity of a patent for an invention,utility model or industrial design. Right of after-use

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

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

3. A person who entered into a license agreement for the use of an invention, utility model or industrial design before the termination of the patent, as well as any person who, in the period between the date of termination of the patent for an invention, utility model or industrial design and the date of publication in the official gazette of the federal the executive authority for intellectual property of information on the restoration of the patent began to use the 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 of post-use).

How to terminate a patent? Under what conditions does it terminate early? How to invalidate a patent? How to protect your invention or utility model from competitors? Why might a patent examination be needed?

Even a registered and executed document of protection may be declared invalid and its validity terminated in whole or in part. News that a patent is invalid can create serious problems. On the one hand, the patent holder has the opportunity to initiate this procedure, but on the other hand, this may be the result of the actions of third parties.

To protect your interests, you need to clearly understand the grounds for revocation of a patent, based on which you can choose an effective defense strategy. Let's try to understand the main cases when a patent may be invalidated.

Termination of a patent at the initiative of the copyright holder

To patent holders!

Your patent may be invalidated and terminated before it expires. You or any other third party can initiate such a procedure at any time during the validity of the document of protection.

The patent owner can terminate his patent at any time. The reasons for this can be very different:

• It is not practical to pay the annual state fee
• lack of demand for a secure solution
• technical obsolescence
• etc.,

In such cases, the patent holder must prepare and submit an application for termination of the patent to FIPS. Moreover, when drawing up an application, it is not necessary to indicate the reasons for refusing the title of protection.

All this can put existing partners in an awkward position and cause financial losses. In such cases, the patent holder may be held liable on the basis of concluded agreements. For example, a license holder can sue the licensor for violating the terms of the contract, but not challenge the termination of the patent.

If you want to terminate your protection document early, you can contact specialists who will help not only prevent all kinds of risks and draw up an application, but also complete the entire procedure quickly and safely.

Early termination of a patent for non-payment of state fees

Failure to pay annual maintenance fees is grounds for early termination of the title of protection. If the owner has not paid the fee for the year, he is given a six-month period to eliminate the debt or the patent will be automatically terminated.

Such information quickly becomes publicly available, as it is published not only in a special bulletin, but also on the Rospatent website. This means that competitors can take advantage of a vulnerable moment, and partners can initiate proceedings if you have been assigned responsibilities to maintain the patent.

It should be remembered that termination of a patent due to non-payment is not final. Within three years, you can restore its validity, but during this restoration period, any person can use your decision. In such cases, it is recommended to contact specialists who will help restore the validity of the document of protection as soon as possible, minimize losses, and ensure that the use of your decision, when legal protection is restored, takes place exclusively on legal grounds.

Grounds for termination of a patent

Another way to terminate a patent is to invalidate it. This is possible throughout the life of the patent; usually such decisions are made by the Chamber of Patent Disputes (PPPS FIPS) and in the Intellectual Property Rights Court. Let's consider the grounds for invalidating a patent:

• Inconsistency with patentability conditions. This is one of the most common grounds for revocation of a title of protection. An application for consideration of such a complaint is submitted to Rospatent, where a decision is made.
• The presence in the list of essential features or formula of data that was not available on the date of filing the application, changing the essence of the decision. Although the applicant has the right to make certain changes to his application, this often creates additional vulnerability. In fact, if such amendments are found to significantly change the original application, revocation of the invention patent (as well as other categories) may be initiated.
• Incorrect or incomplete attribution in the application. A patent can be invalidated not only if the authors indicate persons who are not such persons, but also if the list of creators of the protected solution is not complete. Thus, third parties can challenge the validity of the title of protection in court.
• If several authors applied for a certain solution at once, none of whom has priority over the others. In this case, an agreement is assumed between such persons. If it is not possible to reach a common conclusion, none of the applicants will be able to obtain a document of protection.

Arguments in a patent dispute

To patent holders!

Remember that any citizen or organization can request that your patent be invalidated. Moreover, unlike trademark disputes, such a person is not required to prove his or her interest.

To defend your rights, to achieve the desired result in a patent dispute, just the “word” of the applicant is not enough. Even if the presence or absence of signs by which a patent for an invention (and other categories) is invalidated, powerful legal support and careful preparation can tilt the decision of the court or the FIPS Dispute Chamber in your favor.

One of the most compelling arguments, both for protecting one’s rights and for “attacking”, is an independent patent examination. A properly conducted examination, its formalized conclusion, which is presented in the materials for the application, used as an argument in court, can play a decisive role in making a decision. However, even if your competitor has carefully prepared and has the results of his own examination, you can provide your own, alternative results. In such cases, a third-party, disinterested examination is usually appointed, the results of which will significantly affect the verdict.

It is in this case that the importance of careful preliminary preparation becomes apparent. Having worked through all possible options in advance, built a defense strategy, made the necessary changes to your decision before submitting an application to FIPS, and studied your possible competitors, you will be able to minimize risks and protect your rights.

Krivtsov and Partners is your patent defender

We specialize in resolving disputes and protecting the rights of our clients in the field of intellectual property. We are convinced that any task must be solved comprehensively, immediately laying a solid foundation for further work. We offer our clients not only legal advice and representation at any level, we will help you do everything efficiently from the very beginning, minimize possible risks, and prevent competitors from interfering with your business.

We have formed a professional team of lawyers and patent attorneys, qualified experts in the field of IP. We know how to resolve such disputes in practice, we will prepare all the necessary materials, conduct the necessary examination of your decision, and provide effective protection your rights at any level.

In order for an invention, utility model, or industrial design to become the object of patent protection, it is necessary to go through the procedure established by law.

First of all, you must submit an application for a patent for an invention to the authorized government agency. In the Russian Federation this is Federal service on intellectual property, patents and trademarks. The application filing date is great value: in most cases, the priority of an invention, utility model, or industrial design is determined by this date (Article 1381 of the Civil Code of the Russian Federation). In addition, if a patent is issued, the term of patent protection is calculated from the same date.

A patent application includes a number of documents. The list of documents is identical if legal protection is sought for an invention and utility model. So, in accordance with Art. 1375, 1376 of the Civil Code of the Russian Federation, the application includes an application for legal protection, a patent description consisting of a description of the invention and its formula, drawings, an abstract, and, as a rule, a document confirming the payment of the fee. Other documents may be attached to the application, for example, a statement of priority. Among the listed elements of the application, each of them is given a different legal meaning. The formula reflects the essence of the invention or utility model. It is a definition that contains all the essential features of an invention or utility model. Essential features are features that characterize an invention or utility model and are necessary to achieve the stated technical result. Some of these features coincide with the prototype of the invention or utility model, i.e. with another invention or utility model, the set of essential features of which is closest to the object for which patent protection is sought. The other part of the essential features, on the contrary, emphasizes the uniqueness of the invention or utility model, their difference from other similar objects (analogs). Therefore, the formula allows you to identify the invention and utility model; based on the formula, the limits of legal protection of intellectual rights to an invention or utility model are determined. Thus, an invention or utility model is considered used if the product produced without the consent of the copyright holder contains all the features listed in the independent clause of the formula of the invention or utility model (Clause 3 of Article 1358 of the Civil Code of the Russian Federation). When interpreting the formula, the description of the invention and drawings can be used (clause 2 of Article 1354 of the Civil Code of the Russian Federation). The description of the invention (utility model) reveals the essence of the development with completeness sufficient for its implementation, and confirms the claims of the invention or utility model (A.P. Sergeev). In foreign patent legislation, the description of the invention, utility model and drawings are also used when interpreting the formula. However, in some states they are used by the courts to establish the content of the formula, serving only a restrictive interpretation (restrictive method of interpretation); in others, they are used to reveal the actual content of claims (middle method of interpretation); thirdly, along with the claims, they are used to identify the essence of the invention (extensive method of interpretation).

A different composition of the application is provided for the issuance of a patent for an industrial design. According to Art. 1377 of the Civil Code of the Russian Federation, an application for an industrial design must contain an application for a patent, a set of images of the product, a drawing of the general appearance of the product (ergonomic diagram, configuration card), a description and a list of essential features of the industrial design. The list of essential features of an industrial design performs the same function as the formula of an invention or utility model, since it determines the limits of legal protection of an industrial design (clause 3 of Article 1354, clause 3 of Article 1358 of the Civil Code of the Russian Federation)

The Russian Federation has established a deferred (postponed) system for the examination of applications for a patent for an invention, a verification system for the examination of applications for a patent for an industrial design, and a first-hand system for the examination of applications for a patent for a utility model.

The procedure for issuing a patent for an invention includes the following steps. First of all, a formal examination is carried out, during which the availability of the documents provided as part of the application is checked and their compliance with the established requirements. After a positive result of the formal examination, information about the application for an invention is published in the official bulletin. Subsequently, at the request of the applicant or third parties, also subject to a positive result of the formal examination, a substantive examination of the application for an invention is carried out. The substantive examination of the application is carried out solely on the basis of the specified petition. The petition can be submitted both when filing an application for an invention, and within three years from the date of filing the application. Before filing it, the applicant or third parties have the right to first request an information search to establish the state of the art, in comparison with which the novelty and inventive step of the claimed invention will be assessed in order to assess the prospects for obtaining a patent for the invention. If the inventor changes his mind about conducting a substantive examination of the application and does not file a petition, the application is considered withdrawn (clause 1 of Article 1386 of the Civil Code of the Russian Federation), which means that protection for the invention is not granted and the patent is not issued.

The examination of an application for an invention essentially includes conducting an information search in relation to the claimed invention to determine the level of technology, in comparison with which the novelty and inventive step of the invention will be assessed. In addition, as part of the examination, the compliance of the claimed invention with the conditions of patentability is checked. The results of the examination of the application on its merits are the basis for making a decision either to issue a patent or to refuse to issue it. If the decision is positive, the invention is entered into the State Register of Inventions of the Russian Federation and a patent is issued. Information about the grant of a patent is published in the official gazette.

With the verification system, compliance with the law of documents submitted for patenting in form and content is established, and the essence of the industrial design is assessed. The procedure for issuing a patent for an industrial design is in many ways similar to the procedure for issuing a patent for an invention (Article 1391 of the Civil Code of the Russian Federation). At the same time, there is a very significant difference: conducting a substantive examination of the application is mandatory and does not depend on the wishes of the applicant (clause 1 of Article 1391 of the Civil Code of the Russian Federation). It is this difference that makes it possible to distinguish between the verification and deferred systems of examination of an application.

Under the appearance system, the application is assessed primarily from the point of view of its correctness and the completeness of the documents submitted. Assessment of the essence of an intellectual property object is carried out to a limited extent. Thus, the procedure for issuing a patent for a utility model includes only a formal examination. However, within the framework of this examination, not only the compliance of the submitted documents with the requirements established by law is checked, but it is also established whether the declared solution relates to technical solutions protected as a utility model. The results of the examination are the basis for making a decision to issue a patent or to refuse such an issue. Subsequently, the utility model is entered into the Register of Utility Models of the Russian Federation, and information about the patent is published in the official bulletin.

The validity of a patent for an invention, utility model, or industrial design is limited to the territory of the state that issued the patent (the principle of patent independence). In order to patent the same invention, utility model or industrial design in various states, a person can apply for its patenting in each state where this result of intellectual activity needs protection, and the applicant has the right to take advantage of the right of convention priority enshrined in the Paris Convention for the Protection of Industrial Property of 1883. In addition, the inventor can file an international application in under the 1970 Patent Cooperation Treaty or a Eurasian application under the Eurasian Patent Convention if he intends to patent an invention or utility model, or under the Hague Agreement Concerning the International Registration of Industrial Designs if he is seeking protection for an industrial design.

The patent is terminated upon expiration of the patent term, and in some cases, early. A patent is terminated early either at the request of the patent owner or due to failure to pay a fee for maintaining the patent in force. A patent may be declared invalid on the grounds established in Art. 1398 Civil Code of the Russian Federation. A patent declared invalid is revoked from the date of filing the patent application.