Article 1352. The Conditions for the Patentability of an Industrial Design

1. The following is protected as an industrial design: the artistic and design solution of a factory-made or home-made article which determines the appearance of the article. An industrial design enjoys legal protection if it is novel and original in terms of its significant features. The significant features of an industrial design are the features determining the aesthetic and/or ergonomic details of the appearance of an article, including the form, configuration, decoration and colour pattern.

2. An industrial design is deemed novel of the aggregate of its significant features reflected on images of the article and available in a list of the significant features of the industrial design (Item 2 of Article 1377) is not known from the information that was made available to the public in the world before the priority date of the industrial design. When the novelty of the industrial design is being established, account shall also be taken of all industrial design applications filed in the Russian Federation by other persons, provided they have earlier priorities and the documents concerning them have been made available to any person under Item 2 of Article 1394 of the present Code, and of the industrial designs patented in the Russian Federation.

3. An industrial design is deemed original if its significant features are stipulated by the creative nature of the article's features.

4. The disclosure of information on an industrial design by the author thereof, an applicant or any person that has directly or indirectly received this information from them which made information on the essence of the industrial design available to the public shall not be deemed a circumstance precluding the recognition of patentability of the industrial design, provided a patent application was filed for the industrial design 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 the disclosure of information does not preclude the recognition of patentability of the industrial design shall be borne by the applicant.

5. No legal protection is granted to the following as industrial designs: 1) solutions exclusively due to the technical function of an article; 2) objects of architecture (except for small-form architecture), industrial, hydraulic engineering and other immovable structures; 3) objects of an unstable fluid, gaseous, free-flowing or similar substances.

Article 1353. The State Registration of Inventions, Utility Models and Industrial Designs The exclusive right to an invention, utility model or industrial design is recognised and protected on the condition of the state registration of the relevant invention, utility model or industrial design, such registration serving as a ground for the federal executive governmental body charged with intellectual property matters to issue a patent for the invention, utility model or industrial design.

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