§ 6. Terminating and Reinstating a Patent

Article 1398. The Deeming as Invalid of a Patent for an Invention, Utility Model or Industrial Design

1. A patent for an invention, utility model or industrial design may be declared invalid in full or in part during the effective term thereof if: 1) the invention, utility model or industrial design does not comply with the conditions of patentability established by the present Code; 2) the invention or utility model claim or the list of significant features of the industrial design given in the decision on issuance of the patent contains features which were lacking as of the date of filing of the application in the description of the invention or utility model and in the invention or utility model claim (if the invention or utility model application contained such claim as of the date when it was filed) or on the images of the article; 3) the patent has been issued when there were several applications for identical inventions, utility models or industrial designs having one and the same priority date, in breach of the conditions envisaged by Article 1383 of the present Code; 4) the patent has been issued indicating as the author or patent holder a person not being such in accordance with the present Code or without an indication in the patent as the author or patent holder of the person being such in accordance with the present Code.

2. The issuance of a patent for an invention, utility model or industrial design may be challenged by any person that has learned about the irregularities set out in Subitems 1-3 of Item 1 of the present article, by means of filing an objection with the chamber for patent disputes. The issuance of a patent for an invention, utility model or industrial design may be challenged in the court by any person that has learned about the irregularities set out in Subitem 4 of Item 1 of the present article.

3. A patent for an invention, utility model or industrial design shall be deemed invalid in full or in part under a decision of the federal executive governmental body charged with intellectual property matters adopted in accordance with Items 2 and 3 of Article 1248 of the present Code or a court's decision that has become final. If the patent is deemed partially invalid an new patent shall be issued for the invention, utility model or industrial design.

4. A patent for an invention, utility model or industrial design that has been declared invalid in full or in part shall be annulled from the date when the application for the patent was filed. The licence contracts concluded on the basis of a patent that was later deemed invalid shall remain effective in as much as they have been discharged as of the time when the decision on the patent's invalidity was issued.

5. The deeming of a patent as invalid shall mean the revocation of the decision of the federal executive governmental body charged with intellectual property matters on the issuance of the patent for the invention, utility model or industrial design (Article 1387) and the annulment of the entry made in the relevant state register (Item 1 of Article 1393).