Article 1358. The Exclusive Right to an Invention, Utility Model or Industrial Design

1. The patent holder owns the exclusive right of using the invention, utility model or industrial design in accordance with Article 1229 of the present Code in any manner that does not conflict with a law (the exclusive right to an invention, utility model or industrial design), for instance, by the methods described in Items 2 and 3 of the present article. The patent holder may dispose of the exclusive right to the invention, utility model or industrial design.

2. The following is deemed, without limitations, to be the use of an invention, utility model or industrial design: 1) the importation onto the territory of the Russian Federation, manufacturing, application, offer for sale, sale, other introduction in civil-law transactions or storage for such purposes of a product in which the invention or utility model is used or of an article in which the industrial design is used; 2) the commission of the actions described in Subitem 1 of the present item in respect of a product produced directly by a patented method. If the product produced by the patented method is novel then an identical product shall be deemed produced by the patented method, unless otherwise proven; 3) the commission of the actions described in Subitem 2 of the present item in respect of an apparatus in whose operation (exploitation) the patented method is automatically implemented; 4) the implementation of the method in which the invention is used, for instance, by means of applying the method.

3. An invention or utility model shall be deemed used in a product or by a method if the product contains and the method uses each feature of the invention or utility model that had been stated in an independent item of the invention or utility model claim, or a feature equivalent thereto, and that had become known as such in the given field of technology before the actions described by Item 2 of the present article were committed in respect of the relevant product or method of action. An industrial design shall be deemed to be used in an article if this article contains all the significant features of the industrial design which are reflected in images of the article and stated in a list of the significant features of the industrial design (Item 2 of Article 1377). If in the use of an invention or utility model all the features are also used which are stated in an independent item comprised by the subject of another invention or another utility model in a patent, and in the use of an industrial design all the features stated in a list of the significant features of another industrial design then the other invention, the other utility model and the other industrial design shall also be deemed to be used.

4. If the owners of a patent for one invention, one utility model or one industrial design are two and more persons the relationships between/among them respectively shall be governed by the rules of Items 2 and 3 of Article 1348 of the present Code, irrespective of any of the patent-owners being or not being the authors of this result of intellectual activity.

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