INVENTIONS & UTILITY MODELS
CIVIL CODE OF THE RUSSIAN FEDERATION Part One No. 51-FZ of November 30, 1994,Part Two No. 14-FZ of January 26, 1996,Part Three No. 146-FZ of November 26, 2001 andPart Four No. 230-FZ of December 18, 2006(with the Amendments and Additions of February 20, August 12, 1996, October 24, 1997, July 8, December 17, 1999, April 16, May 15, November 26, 2001, March 21, November 14, 26, 2002, January 10, March 26, November 11, December 23, 2003, June 29, July 29, December 2,29, 30, 2004, March 21, May 9, July 2, 18, 21, 2005, January 3, 10, February 2, June 3, 30, July 27, November 3, December 4, 18, 30, 2006, January 26, February 5, April 20, June 26, July 19, 24, October 2, 25, November 4, 29, December 1, 6, 2007, April 24, 29, May 13, June 30, July 14, 22, 23, November 8, December 25, 30, 2008, February 9, April 9, June 29, July 17, December 27, 2009, February 21, 24, May 8, July 27, October 4, 2010, February 7, April 6, July 18, 19, October 19, November 21, 28, 30, December 6, 8, 2011, June 5, 14, October 2, December 3, 29, 30, 2012, February 11, May 7, June 28, July 2, 23, September 30, November 2, December 2, 21, 28, 2013, March 12, May 5, June 23, July 21, October 22, December 22, 29, 31, 2014, March 8, April 6, May 23,June 29, July 13, November 28, December 30, 2015, January 31, February 15, March 9, 30, May 23, July 3, December 28, 2016, February 7, March 28, July 1, 26, 29, November 14, December 5, 29, 2017, March 18, April 18, May 23, July 19, 29, August 3, December27, 2018, July 18, December 16, 2019
Article 1350. The Conditions for Patentability of an Invention
1. A technical solution in any area is protected as an invention if it relates to a product (including a device, substance, strain of microorganisms, plant or animal cell culture) or a method (the process of carrying out actions in respect of a material object by material means), in particular, to the application of a product or method for a particular purpose.
An invention is provided with legal protection if it is novel, has an inventive step and is industrially exploitable.
2. An invention is novel if is it not known from the state of the art.
An invention has an inventive step if for a specialist is does not obviously ensue from the state of the art.
The state of the art with respect to invention includes any information that has become available to the public in the world before the priority date of the invention.
When the novelty of an invention is being assessed the state of the art shall also include all patent applications filed for inventions, utility models and industrial designs by other persons in the Russian Federation if they have earlier priority dates and if any person is entitled to read the documents related thereto in accordance with Items 2 and 4 of Article 1385 or Item 2 of Article 1394 of the present Code, and the inventions, utility models and industrial designs patented in the Russian Federation.
3. The disclosure of information concerning an invention by the author of the invention, by an applicant or any person that has received this information from them directly or indirectly (in particular, as a result of showing an invention at an exhibition) which made the essence of the invention available to the general public shall not be deemed a circumstance precluding the recognition of the invention's patentability, provided a patent application has been filed with the federal executive power body charged with intellectual property matters within six months after the date of the information disclosure. The burden of proving the existence of the circumstance due to which the information disclosure does not preclude the recognition of the invention's patentability shall be borne by the applicant.
4. An invention is deemed industrially exploitable if it can be used in industry, agriculture, public health and other branches of the economy or in the social sphere.
5. The following shall not be deemed inventions, in particular:
1) discoveries;
2) scientific theories and mathematical methods;
3) solutions concerning only the appearance of articles and aimed at meeting aesthetical needs;
4) the rules and methods of games and of intellectual or economic activities;
5) computer programmes;
6) solutions consisting in the presentation of information only.
In accordance with the present item these objects cannot be deemed inventions only when a patent application for an invention concerns these objects per se.
6. No legal protection shall be provided to the following as inventions:
1) varieties of plants, breeds of animals and the biological methods for producing them, that is, the methods consisting in full of cross-breeding and selection, except for microbiological methods and products made by such methods;
2) integrated circuit layout-designs.