Article 1349. The Objects of Patent Rights

1. The objects of patent rights are the results of intellectual activities in the area of science and technology that meet the requirements established by the present Code as applicable to inventions and utility models, and the results of intellectual activities in the area of artistic design that meet the requirements established by the present Code as applicable to industrial designs.

2. Inventions comprising information constituting a state secret (secret inventions) are covered by the provisions of the present Code, except as otherwise envisaged by the special rules of Articles 1401-1405 of the present Code and the other legal acts enacted in accordance with them.

3. The utility models and industrial designs comprising information constituting a state secret7 shall not have legal protection in accordance with the present Code.

4. The following shall not be objects of patent rights: 1) human cloning techniques; 2) the techniques for modifying the genetic integrity of human embryo cells; 3) the uses of human embryos for industrial and commercial purposes; 4) the other solutions inconsistent with the public interest and humane and moral principles.

Article 1350. The Conditions of the Patentability of an Invention

1. As an invention a technical solution is protected in any area that is relating 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). 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 ensues the state of the art. The state of the art includes any information that have 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 and utility models 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 Item 2 of Article 1385 or Item 2 of Article 1394 of the present Code, and the inventions and utility models 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 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 governmental body charged with intellectual property matters within six months after the date of the 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 economy or in the social sphere.

5. The following shall not be deemed inventions: 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, except for microbiological methods and products produced by such methods; 2) integrated circuit layout-designs.

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