Article 1395. Patenting Inventions or Utility Models in Foreign States and in International Organisations

1. A patent application for an invention or utility model created in the Russian Federation may be filed in a foreign state or with an international organisation upon the expiry of six months after the filing of the relevant application with the federal executive governmental body charged with intellectual property matters, unless within the said term the applicant is notified that the application comprises information deemed a state secret. An invention or utility model application may be filed earlier than indicated above but after the completion of a verification of the application's comprising information deemed a state secret on the applicant's request. The procedure for carrying out such verification shall be established by the Government of the Russian Federation.

2. The patenting under the Patent Cooperation Treaty or the Eurasian Patent Convention of an invention or utility model created in the Russian Federation is admissible without the prior filing of a relevant application with the federal executive governmental body charged with intellectual property matters if the application has been filed in accordance with the Patent Cooperation Treaty (international application) with the federal executive governmental body charged with intellectual property matters as a receiving department and in that application the Russian Federation is referred to as the state in which the applicant intends to obtain a patent, and the Eurasian application has been filed through the federal executive governmental body charged with intellectual property matters.

Article 1396. The International and Eurasian Applications Having the Effect of the Applications Envisaged by the Present Code

1. The federal executive governmental body charged with intellectual property matters shall commence the examination of an international application for an invention or utility model which is filed in accordance with the Patent Cooperation Treaty and in which the Russian Federation is referred to as the state in which the applicant intends to obtain a patent for the invention or utility model, upon the expiry of 31 months after the priority date sought in the international application. On the applicant's request the international application shall be considered before the expiry of this term if the application is filed in the Russian language or if before the expiry of the said term the applicant has submitted with the federal executive governmental body charged with intellectual property matters a Russian translation of the patent application for the invention or utility model which is contained in the international application filed in another language. The filing with the federal executive governmental body charged with intellectual property matters of a Russian translation of the patent application for the invention or utility model contained in the international application may be replaced with the submission of the patent application envisaged by the present Code. Unless the said documents are filed within the established term, the effect of the international application in accordance with the Patent Cooperation Treaty shall be terminated in respect of the Russian Federation. For the purposes of making amendments to application documents the term set out in Item 3 of Article 1378 of the present Code shall be counted from the day of commencement of consideration of the international application by the federal executive governmental body charged with intellectual property matters in accordance with the present Code.

2. The consideration of an Eurasian invention application having under the Eurasian Patent Convention the effect of the invention application envisaged by the present Code shall be commenced from the day when the federal executive governmental body charged with intellectual property matters receives an attested copy of the Eurasian application from the Eurasian Patent Department. The term set out in Item 3 of Article 1378 of the present Code for making amendments to application documents shall be counted from the same date.

3. The publication in the Russian language of an international application by the International Office of the World Organisation Intellectual Property Organisation under the Patent Cooperation Treaty or the publication of a Eurasian application by the Eurasian Patent Department in accordance with the Eurasian Patent Convention shall replace the publication of information on an application envisaged by Article 1385 of the present Code.

Article 1397. The Eurasian Patent and the Patent of the Russian Federation for Identical Inventions

1. If a Eurasian patent and a patent of the Russian Federation for identical inventions or an identical invention and utility model having the same priority date are owned by different patent holders, such inventions or the invention and utility model may be used only in the observance of the rights of all patent holders.

2. If a Eurasian patent and a patent of the Russian Federation for identical inventions or an identical invention and utility model having the same priority date are owned by the same person, that person may grant a right to any person to use the inventions or the invention and utility model under licence contracts concluded on the basis of these patents.