§ 5. Obtaining a Patent

1. The Patent Application, Its Amendment and Revocation

Article 1374. Filing a Patent Application for an Invention, Utility Model and Industrial Design
1. A patent application for an invention, utility model or industrial design shall be filed with the federal executive governmental body charged with intellectual property matters by a person entitled to obtain a patent according to the present Code (applicant).

2. The patent application for an invention, utility model or industrial design shall be filed in the Russian language. The other documents of the application shall be filed in the Russian language or in another language. If the documents of the application are filed in another language a translation thereof into Russian shall be attached to the application.

3. The patent application for an invention, utility model or industrial design shall be signed by the applicant, or if filed through a patent agent or another representative, by the applicant or his/its representative filing the application.

4. The requirements applicable to patent application documents for an invention, utility model or industrial design shall be established on the basis of the present Code by the federal executive governmental body charged with normative legal regulation in the area of intellectual property.

5. The patent application for an invention, utility model or industrial design shall be accompanied by a document confirming that a patent duty has been paid at the established rate or a document confirming the grounds for being relieved from a patent duty or for a patent duty rebate or deferment.

Article 1375. The Patent Application for an Invention
1. A patent application for an invention (invention application) shall be relating to one invention or a group of invention interconnected to the extent that they form a united inventive concept (the concept of the unity of an invention).

2. The invention application shall comprise the following:
1) a patent application including an indication of the author of the invention and of the person for whose name the patent is sought, and also the residence or whereabouts of each of them;
2) a description of the invention that discloses it in a completeness sufficient for implementation;
3) the invention claim expressing the essence thereof and fully based on its description;
4) drawings and other materials if required for understanding the essence of the invention;
5) a synopsis.

3. The date of filing of the invention application is the date when the federal executive governmental body charged with intellectual property matters receives an application comprising a patent application, a description of the invention and drawings if the description comprises reference thereto, and the date of receipt of the last document if the said documents were not filed simultaneously.

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