Article 1403. Changing the Degree of Secrecy and Declassifying Inventions

1. The change of the degree of secrecy and the declassification of inventions, and also the change and removal of secrecy stamps from the documents of a secret invention application or patent shall take place in the procedure established by the legislation on state secrets.

2. When the degree of secrecy of an invention is stepped up, the federal executive governmental body charged with intellectual property matters shall hand over the documents of application for the secret invention according to their topical belonging to the relevant authorised body. The further consideration of the application of which examination has not been completed by the said federal body shall be the responsibility of the authorised body. When the degree of secrecy of an invention is stepped down the further examination of the application for the secret invention shall be carried out by the same empowered body which had been considering it before.

3. When an invention is declassified, the authorised body shall hand over the declassified application documents it has to the federal executive governmental body charged with intellectual property matters. The further examination of the application of which examination has not been completed by the empowered body shall be the responsibility of the said federal body.

Article 1404. Deeming as Invalid a Secret Invention Patent An objection against the issuance by an authorised body of a patent for a secret invention on the grounds set out in Subitems 1-3 of Item 1 of Article 1398 of the present Code shall be filed with the authorised body and it shall be considered in the procedure established by it. A decision of the authorised body taken on the objection shall be confirmed by the head of that body, and it shall enter into force on the day when it is confirmed and it may be challenged in the court.

Article 1405. The Exclusive Right to a Secret Invention 1. The use of a secret invention and the disposal of an exclusive right to a secret invention shall take place in the observance of the legislation on state secret.

2. A contract of alienation of a patent and also a licence contract for the use of a secret invention shall be subject to registration with the body that has issued the patent for the secret invention or the successor thereof, and if there is no successor, with the federal executive governmental body charged with intellectual property matters.

3. In respect of a secret invention it is prohibited to make a public offer to conclude the contract of alienation of a patent and an open licence statement envisaged by Item 1 of Article 1366 and Item 1 of Article 1368 of the present Code respectively.

4. The compulsory licence envisaged by Article 1362 of the present Code shall not be granted in respect of a secret invention.

5. The following shall not be deemed a breach of the exclusive right of the holder of a patent for a secret invention: the actions envisaged by Article 1359 of the present Code, and also the use of the secret invention by a person who on legal grounds did not know or could not know of the existence of a patent for the invention. After the invention is declassified or after the said person is notified by the holder of the patent that the patent for the invention exists that person shall stop using the invention or conclude a licence contract with the holder of the patent, except for cases when a right of prior use existed.

6. The exclusive right to a secret invention is not subject to levy or execution.