Moscow, Russia, +7(495) 232-39-68 ip@ipprolaw.com

Article 1382. The Convention Priority of an Invention, Utility Model or Industrial Design

1. The priority of an invention, utility model or industrial design may be established by the date of filing of the first application for the invention, utility model or industrial design in a member state of the Paris Convention for the Protection of Industrial Property (conventional priority), provided an application for the invention or utility model is filed with the federal executive governmental body charged with intellectual property matters within 12 months after the said date or an application for the industrial design within six months after the said date. If due to reasons beyond the applicant's control an application seeking a convention priority could not be filed within the said term, that term may be extended by the federal executive governmental body charged with intellectual property matters by up to two months.

2.An applicant willing to exercise the right of convention priority in respect of a utility model or industrial design application shall notify accordingly the federal executive governmental body charged with intellectual property matters within two months after the filing of the application and present an attested copy of the first application specified in Item 1 of the present article within three months after the filing with the said federal body of the application whereby a convention priority is sought.

3. An applicant willing to exercise the right of convention priority in respect of an invention application shall notify accordingly the federal executive governmental body charged with intellectual property matters and file a copy of the first application with that federal body within 16 months after it was filed with the patent department of the member state of the Paris Convention for the Protection of Industrial Property. If within the said term no attested copy of the first application is filed, the priority right may nevertheless be recognised by the federal executive governmental body charged with intellectual property matters on the applicant's petition filed by him/it with that federal body within the said term, provided a copy of the first application was requested by the applicant from the patent department to which the first application has been submitted, within 14 months after the filing of the first application and was submitted to the federal executive governmental body charged with intellectual property matters within two months after its receipt by the applicant. The federal executive governmental body charged with intellectual property matters is entitled to demand that the applicant files a Russian translation of the first application of the invention only if the verification of the validity of the claim for the priority of the invention has to do with assessing the patentability of the invention declared.

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Moscow, Russia, 107113
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