Article 1363. The Effective Term of Exclusive Rights to an Invention, Utility Model and Industrial Design.

1. The effective term of the exclusive right to an invention, utility model, industrial design, and of the patent certifying this right shall be counted from the day when the initial patent application was filed with the federal executive governmental body charged with intellectual property matters, and it shall be as follows, provided the requirements established by the present Code are met: 20 years for inventions; 10 years for utility models; 15 years for industrial design. The protection of a patented exclusive right may be exercised only after the state registration of the invention, utility model, industrial design and the issuance of the patent (Article 1393).

2. If more than five years have elapsed from the filing of a patent application for an invention relating to a medicine, pesticide or agrochemical substance which require that permission be secured in the procedure established by a law to the receipt of the first permission for using it the effective term of the exclusive right to the relevant invention and the patent certifying this right shall be extended on an application of the patent holder by the federal executive governmental body charged with intellectual property matters. The said term shall be extended by the period that has elapsed since the filing of the patent application for the invention to the date of receipt of the first permission for using the invention, less five years. In this case, the effective term of the patent for the invention shall not be extended by a term exceeding five years. A term-extension application shall be filed by the holder of a patent within the effective term of the patent before the expiry of six months after the receipt of a permission for using the invention or the date of issue of the patent, whichever of these terms expires the latest.

3. The effective term of the exclusive right to a utility model and the patent certifying this right shall be extended by the federal executive governmental body charged with intellectual property matters by application of the patent holder by the term specified in the application but in any case not exceeding three years, and the exclusive right to an industrial design and the patent certifying this right by the term specified in the application but in any case not exceeding ten years.

4. The procedure for extending the effective term of a patent for an invention, utility model, industrial design shall be established by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

5. The exclusive right to an invention, utility model, industrial design and the patent certifying this right shall be deemed invalid or shall be terminated before due date on the grounds and in the procedure set out in Articles 1398 and 1399 of the present Code.

Article 1364. The Passing of an Invention, Utility Model, Industrial Design into the Public Domain

1. Upon the expiry of the effective term of the exclusive right the invention, utility model, industrial design shall pass into the public domain.

2. An invention, utility model, industrial design that has passed into the public domain may be freely used by any person without anybody's consent or permission and without a fee being paid for the use thereof.

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