Lecture
1. Priority is established by the date of filing of the application with the federal executive authority for intellectual property.
2. Priority may be established by the date of filing of the first application in a State party to the Paris Convention for the Protection of Industrial Property (Convention priority), provided that an application for an invention or utility model is filed with the federal executive authority for intellectual property within twelve months of that date, and an application for an industrial design within six months of that date. If, for reasons beyond the applicant's control, an application claiming Convention priority could not be filed within that period, that period may be extended, but by no more than two months.
An applicant wishing to exercise the right of Convention priority in respect of an application for a utility model or industrial design is obliged to notify the federal executive authority for intellectual property thereof before the expiry of two months from the date of filing of such application and to submit a certified copy of the first application before the expiry of three months from the date of filing there of the application in respect of which Convention priority is claimed.
An applicant wishing to exercise the right of Convention priority in respect of an application for an invention is obliged to notify the federal executive authority for intellectual property thereof and to submit to it a certified copy of the first application no later than sixteen months from the date of its filing with the patent office of a State party to the Paris Convention for the Protection of Industrial Property. If the certified copy of the first application is not submitted within that period, the right of priority may be restored upon a petition of the applicant filed with the federal executive authority for intellectual property before the expiry of that period, provided that the copy of the first application was requested by the applicant from the patent office with which the first application was filed no later than fourteen months from the date of filing of the first application and is submitted to the federal executive authority for intellectual property within two months of the date of its receipt by the applicant. Submission of a translation of the first application into Russian, if it is drawn up in another language, may be required of the applicant by the federal executive authority for intellectual property only where verification of the validity of the priority claim is connected with establishing the patentability of the claimed invention.
3. Priority may be established by the date of receipt of additional materials, if they have been drawn up by the applicant as an independent application filed before the expiry of a three-month period from the date of the applicant's receipt of notification from the federal executive authority for intellectual property that the additional materials cannot be taken into account because they have been found to alter the substance of the claimed solution, and provided that, as at the date of filing of such independent application, the application containing the said additional materials has not been withdrawn and has not been deemed withdrawn.
4. The priority of an invention, utility model or industrial design may be established by the date of filing, by the same applicant with the federal executive authority for intellectual property, of an earlier application disclosing that invention, utility model or industrial design, which has not been withdrawn and has not been deemed withdrawn as at the date of filing of the application in respect of which such priority is claimed, if the application is filed no later than twelve months from the date of filing of the earlier application for an invention and six months from the date of filing of the earlier application for a utility model or industrial design. Upon the filing of an application in respect of which such priority is claimed, the earlier application is deemed withdrawn.
Priority may not be established by the date of filing of an application in respect of which an earlier priority has already been claimed.
5. The priority of an invention, utility model or industrial design under a divisional application is established by the date of filing, by the same applicant with the federal executive authority for intellectual property, of the initial application disclosing that invention, utility model or industrial design, or, where there is a right to establish an earlier priority under the initial application, by the date of that priority, provided that, as at the date of filing of the divisional application, the initial application for the invention, utility model or industrial design has not been withdrawn and has not been deemed withdrawn, and the divisional application was filed before the possibility, provided for by this Law, of filing objections against the decision to refuse the grant of a patent under the initial application has been exhausted, or before the date of registration of the invention, utility model or industrial design in accordance with Article 26 of this Law, where a decision to grant a patent was taken on the initial application.
6. The priority of an invention, utility model or industrial design may be established on the basis of several earlier filed applications or additional materials thereto, subject to compliance in respect of them with the conditions specified in paragraphs 2, 3, 4 and 5 of this article respectively.
7. Where, in the course of examination, it is established that applications for identical inventions, utility models or industrial designs have been filed by different applicants and such applications have the same priority date, a patent for the invention, utility model or industrial design may be granted on only one of such applications, to the person determined by agreement between the applicants. Where such applications have been filed by one and the same applicant, the patent is granted on the application chosen by the applicant.
Within twelve months of the date of receipt of the relevant notification, the applicants must report the agreement they have reached, and the applicant must report his choice. Upon the grant of a patent on one of the applications, all the authors named in the applications are recognised as co-authors in respect of the identical inventions, utility models or industrial designs. Where, within the established period, the said report, or a petition to extend the established period in the manner determined by paragraph 8 of Article 21 of this Law, is not received by the federal executive authority for intellectual property from the applicants (the applicant), the applications are deemed withdrawn.
Where the priority dates of an invention and an identical utility model coincide under applications of one and the same applicant, after the grant of a patent on one of such applications the grant of a patent on the other application is possible only on condition that the holder of the previously granted patent files with the federal executive authority for intellectual property a statement on the termination of the effect of the patent in respect of the identical invention or the identical utility model. The effect of the previously granted patent in respect of the identical invention or the identical utility model terminates from the date of publication of the information on the grant of the patent on the other application in accordance with Article 25 of this Law. The publication of information on the grant of a patent on an application for an invention or utility model and the publication of information on the termination of the effect of the previously granted patent in respect of the identical invention or the identical utility model are carried out simultaneously.
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