§ 3. Disposing of the Exclusive Right to an Invention,
Utility Model or Industrial Design

Article 1365. The Contract of Alienation of the Exclusive Right to an Invention, Utility Model or Industrial Design Under a contract of alienation of the exclusive right to an invention, utility model, industrial design (contract of alienation of a patent) one party (patent holder) assigns or undertakes to assign his/its exclusive right to the relevant result of intellectual activity in full to the other party, the acquirer of the exclusive right (acquirer of the patent).

Article 1366. The Public Offer for Concluding a Contract of Alienation of a Patent for an Invention

1. While filing a patent application for an invention, the applicant being the author of an invention may attach to the application documents including a statement to the effect that if a patent is issued he/it undertakes to conclude a contract of alienation of the patent on the terms complying with the prevailing practices with any citizen of the Russian Federation or Russian legal entity which was first to express such will and has notified accordingly the patent holder and the federal executive governmental body charged with intellectual property matters. If such application exists the patent duties envisaged by the present Code shall not be collected from the applicant for the patent application for the invention and for the patent issued under the application. The federal executive governmental body charged with intellectual property matters shall publish information on the said application in the gazette.

2. A person that has concluded a contract of alienation of a patent for an invention with the holder of the patent on the basis of his/its application described in Item 1 of the present article shall pay all the patent duties from which the applicant (patent holder) was relieved. Henceforth, patent duties shall be paid in the established procedure. For the purpose of registering a contract of alienation of a patent with the federal executive governmental body charged with intellectual property matters a document shall be attached to the contract registration application to confirm that all the patent duties from which the applicant (patent holder) was relieved have been paid.

3. Unless within two years after the publication of information on the issuance of a patent for an invention in respect of which the application specified in Item 1 of the present article has been made the federal executive governmental body charged with intellectual property matters has received a notice in writing of the intention to conclude a contract of alienation of the patent, the holder of the patent may file a petition with the said federal body withdrawing his/its application. In this case, the patent duties specified by the present Code from which the applicant (patent holder) was relieved shall be payable. Henceforth, patent duties shall be paid in the established procedure. The federal executive governmental body charged with intellectual property matters shall publish information on the withdrawal of the application specified in Item 1 of the present article in the gazette.

Article 1367. The Licence Contract of Granting a Right to Use an Invention, Utility Model or Industrial Design Under the licence contract one party, patent holder (licensor) shall grant or undertakes to grant within the limits established by the contract to the other party (licensee) the right of using an invention, utility model or industrial design certified by a patent.

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