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

Article 1387. A Decision on the Issuance of a Patent for an Invention or on Refusing to Issue It
1. If as the result of an expert examination of an invention application on the merits thereof it is established that the declared invention expressed in the invention claim proposed by the applicant meets the conditions of patentability set out in Article 1350 of the present Code the federal executive governmental body charged with intellectual property matters shall take a decision on issuing a patent for the invention with this invention claim. The decision shall comprise the priority date of the invention.
If in the course of the expert examination of the invention application on the merits thereof it is established that the declared invention expressed in the invention claim proposed by the applicant does not comply with the conditions of patentability set out in Article 1350 of the present Code the federal executive governmental body charged with intellectual property matters shall take a decision on refusing to grant a patent.
Until the taking of a decision on issuing a patent or on refusing to issue a patent the federal executive governmental body charged with intellectual property matters shall send a notice to the applicant of the results of verification of patentability of the invention declared with a proposal for presenting its arguments concerning the reasons set out in the notice. The applicant's arguments shall be taken into account in decision-making if they are provided within six months after the receipt of the notice.

2. The invention application shall be deemed withdrawn under the provisions of the present chapter on the basis of a decision of the federal executive governmental body charged with intellectual property matters, except for cases when it is withdrawn by the applicant.

3. Decisions of the federal executive governmental body charged with intellectual property matters on refusing to grant a patent for the invention, on issuing a patent for the invention or on deeming the invention application withdrawn may be challenged by the applicant by means of filing his/its objection with the chamber of patent disputes within six months after the applicant's receipt of the decision or of the copies of materials contradicting the application requested from the said federal body and mentioned in the decision on refusal to grant a patent, provided the applicant has requested copies of these materials within two moths after the receipt of the decision taken on the invention application.

Article 1388. The Applicant's Right to Read Patent Materials
The applicant is entitled to read all the materials relating to invention patenting to which reference is made in the requests, reports, decisions, notices or other documents received by the applicant from the federal executive governmental body charged with intellectual property matters. Copies of the patent documents requested by the applicant from the said federal body shall be sent thereto within one month after the receipt of the request.

Article 1389. The Renewal of Term in the Case of Laches Concerning the Expert Examination of an Invention Application
1. In the event of the applicant's laches in respect of the main term or extended term for filing documents or additional materials on a request of the federal executive governmental body charged with intellectual property matters (Item 4 of Article 1384 and Item 5 of Article 1386), the term for filing a petition for expert examination of an invention application on the merits thereof (Item 1 of Article 1386) and the term for filing an objection with the chamber of patent disputes (Item 3 of Article 1387) the terms may be renewed by the said federal body, provided the applicant presents proof of a good reason existing for the laches and a document confirming that a patent duty has been paid.

2. A petition for renewal of term in case of laches may be filed by the applicant within 12 months after the expiry of the established term. The petition shall be filed with the federal executive governmental body charged with intellectual property matters simultaneously with:
the documents or additional materials whose filing requires that the term be renewed or with a petition for extending the term for filing these documents or materials;
or with a petition for expert examination of the invention application on the merits thereof;
or with an objection with the chamber of patent disputes.

Our adress:
IPPro ltd.
17 Lobachika str.,
Office 610,
P.O. box 27,
Moscow, Russia, 107113
Phone/Fax:
+7(495) 232-39-68
+7(495) 234-08-44

Official site IPPRO.ru

E-mail: ip@ipprolaw.com, Skype ipprolaw

 


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