Administrative regulations on extending the validity of a patent

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ipprolaw

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Validity period of exclusive right to utility model, and patent certificating this right on industrial design is prolonged by the federal enforcement authority on intellectual property under the application of the patentee for the term indicated in the application, but not more than for three years, and the exclusive right and patent for the industrial design – as the term indicated in the application, but no more than for five years. Order on extending the validity of a patent for the invention, utility model or industrial design is established by the federal enforcement authority which is carrying out is standard-legal regulation in sphere of intellectual property.

Administrative regulations performed by the Federal Agency of intellectual property, patents and trade marks of the state function to realization in due hereunder extending the validity of a patent for the invention, concerning means, for which application reception is required for the permission of the representative person on it according to the legislation of the Russian Federation, patent duration on industrial design, certificate (patent) for utility model, certificate of registration of a trade mark, service mark, certificate on the right to use the name of a place of origin of the goods, and also restoration of action of the patent for the invention, utility model, industrial design, terminated in connection with non-payment duties on its maintenance in enforce (established by the order of the Ministry of Education and Science of the Russian Federation from 29th October, 2008 N 322).

The order of the Ministry of Education and Science of the RF from 29th October, 2008 № 322

Registered in Ministry of Justice of the Russian Federation on 23rd March, 2009
Registration № 13565
Published in Bulletin of normative acts of federal enforcement authorities from 29th June, 2009 № 26
According to point 9 of the Order of working out and the statement of administrative regulations of execution of the state functions (granting of the state services), confirmed by the governmental order of the Russian Federation from 11th November, 2005 N 679 (Meeting of the legislation of the Russian Federation, 2005, N 47, item 4933; 2007, N 50, item 6285; 2008, N 18, item 2063), I order:

1. To approve applied Administrative regulations of performance by Federal Agency of intellectual property, patents and trade marks of the state function of realization with due hereunder extending the validity of the patent for the invention, concerning means, for which application reception is required for the permission of the representative person on it according to the legislation of the Russian Federation, patent duration on industrial design, certificate (patent) for utility model, certificate of registration of a trade mark, service mark, certificate on the right to use of the name of a place of origin of the goods, and also restoration of action of the patent for the invention, utility model, industrial design, terminated in connection with non-payment duties on its maintenance in enforce.

2. To recognize invalid orders of the Russian agency under patents and trade marks:
• From 25th February, 2003 N 23 "About Rules of extending the validity of the certificate on right to use of the name of a place of origin of the goods and modification of registration and certificate" (it was registered by the Ministry of Justice of the Russian Federation on 13th March, 2003, registration № 4262; Report of normative acts of federal enforcement authorities, 2003, № 18);
• From 22nd April, 2003 № 55 "About the assertion on the Order of extending the validity of a patent of the Russian Federation on the invention concerning a medical product, pesticide or agrochemical" (it was registered by the Ministry of Justice of the Russian Federation on 5th May, 2003, registration № 4491; Report of normative acts of federal enforcement authorities, 2003, № 33);
• From 22nd April, 2003 № 57 "About the Order of restoration of action of a patent of the Russian Federation on the invention, utility model, industrial design" (it is registered by the Ministry of Justice of the Russian Federation on May, 6th, 2003, registration N 4506; Report of normative acts of federal enforcement authorities, 2003, № 34);
• From 11th December, 2003 № 165 "About modification and additions in the Order of restoration of action of a patent of the Russian Federation on the invention, utility model, industrial design" (it was registered by the Ministry of Justice of the Russian Federation on 18th December, 2003, registration № 5338; Report of normative acts of federal enforcement authorities, 2004, № 1);
• From 11th December, 2003 № 166 "About modification and additions in the Order of extending the validity of a patent of the Russian Federation on the invention concerning a medical product, pesticide or agrochemical" (it is registered by the Ministry of Justice of the Russian Federation on 18th December, 2003, registration № 5336; Report of normative acts of federal enforcement authorities, 2004, № 1).
3. To recognize as become invalid orders of the Ministry of Education and Science of the Russian Federation:
• From 22nd April, 2005 N 123 "About the assertion of the Order of extending the validity of a patent for industrial design " (it was registered by the Ministry of Justice of the Russian Federation on 5th August, 2005, registration № 6883; Report of normative acts of federal enforcement authorities, 2005, № 33);
• From 22nd April, 2005 № 124 "About the assertion of the Order of extending the validity of the patent for utility model" (it was registered by the Ministry of Justice of the Russian Federation on 3rd August, 2005, registration № 6864; Report of normative acts of federal enforcement authorities, 2005, № 32).
4. To sent the present order on the state registration to the Ministry of Justice of the Russian Federation.

5. Control over execution of the present order to be assign to the deputy minister Mr.Fridljanova V. N.

In and on behalf of

Mr.Samir
 
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