Article 1351. The Conditions for the Patentability of a Utility Model

1. A technical solution relating to an apparatus is protected as a utility model. A utility model is given legal protection if it is novel and industrially exploitable.

2. A utility model is deemed novel if the aggregate of its significant features is not known from the state of the art. The state of the art includes the information published in the world concerning the facilities having the same intended purpose as the utility model declared, and information on the application thereof in the Russian Federation, if such information became available to the general public before the priority date of the utility mode. Also the state of the art includes 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 a utility model by the author thereof, applicant or another person that has directly or indirectly obtained this information from them making information on the essence of the utility model available to the public shall not be deemed a circumstance precluding the recognition of patentability of the utility model, provided a patent application for the utility model was filed with the federal executive governmental body charged with intellectual property matters within six months after the disclosure. The burden of proving the existence of the circumstances due to which information disclosure does not preclude the recognition of patentability of the utility model shall be borne by the applicant.

4. A utility model is industrially exploitable if it can be used in industry, agriculture, public health and other branches of economy or in the social sphere. 5. No legal protection is granted to the following as utility models: 1) solutions concerning only the appearance of articles and aimed at meeting aesthetical needs; 2) integrated circuit layout-designs.

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