§ 3. Disposing of the Exclusive Right to a Breeding Achievement

Article 1426. The Contract of Alienation of the Exclusive Right to a Breeding Achievement
Under a contract of alienation of the exclusive right to a breeding achievement (contract of alienation of a patent) one party (patent holder) assigns or undertakes to assign his/its exclusive right to the breeding achievement in full to the other party being the acquirer of the exclusive right (the acquirer of the patent).

Article 1427. A Public Offer to Conclude a Contract of Alienation of a Patent for a Breeding Achievement

1. While filing a patent application for a breeding achievement the applicant being the author of the breeding achievement may attach to the documents of the application his/its application to the effect that if a patent is issued he/it undertakes to conclude a contract of alienation of the patent on the terms complying with the prevailing practices with any citizen of the Russian Federation or a Russian legal entity that is the first to express his/its wish to do so and to notify the holder of the patent and the federal executive governmental body charged with breeding achievements matters. If such application is filed the patent duties envisaged by the present Code shall be charged to the applicant neither for the patent application for the breeding achievement nor for the patent issued under such application.

The federal executive governmental body charged with breeding achievement matters shall publish information about the said application in the gazette.

2. A person that has concluded a contract of alienation of the patent with the patent holder on the basis of his/it application specified in Item 1 of the present article shall pay all the patent duties from which the applicant (patent holder) has been relieved. Henceforth, patent duties shall be payable in the established procedure.
For the purposes of state registration of the contract of alienation of the patent with the federal executive governmental body charged with breeding achievement matters, a document shall be attached to the contract registration application to confirm that all the patent duties from which the applicant (patent holder) has been relieved have been paid.

3. Unless within two years after the publication of information on the issuance of the patent in respect of which the application specified in Item 1 of the present article has been filed the federal executive governmental body charged with breeding achievement matters received a notice in writing of somebody's will to conclude a contract of alienation of the patent, the patent holder may file a petition for withdrawal of his/its application with the said federal body. In this case the patent duties envisaged by the present Code from which the applicant (patent holder) has been relieved shall become payable. Henceforth, patent duties shall be payable in the established procedure.

The federal executive governmental body charged with breeding achievement matters shall publish information on the withdrawal of the said application in the gazette.

 

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