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The document ceased to be valid since January 8, 2016 according to the Order of the Ministry of Education and Science of the Russian Federation of October 28, 2015 No. 1226

It is registered

Ministry of Justice

Russian Federation

On March 23, 2009 No. 13565

ORDER OF THE MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION

of October 29, 2008 No. 322

About approval of Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force

According to Item 9 of the Procedure for development and approval of administrative regulations of execution of the state functions (provision of the state services) approved by the order of the Government of the Russian Federation of November 11, 2005 N 679 (The Russian Federation Code, 2005, N 47, Art. 4933; 2007, N 50, Art. 6285; 2008, N 18, to the Art. 2063), I order:

1. Approve the enclosed Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure of prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force.

2. Recognize invalid orders of the Russian agency according to patents and trademarks:

of February 25, 2003 N 23 "About Rules of prolongation of effective period of the certificate on right to use by the name of the place of goods origin and modification of registration and the certificate" (it is registered by the Ministry of Justice of the Russian Federation on March 13, 2003, registration N 4262; Bulletin of regulations of federal executive bodies, 2003, N 18);

of April 22, 2003 N 55 "About approval of the Procedure for prolongation of effective period of the patent of the Russian Federation for the invention relating to medicine, pesticide or agrochemical" (it is registered by the Ministry of Justice of the Russian Federation on May 5, 2003, registration N 4491; Bulletin of regulations of federal executive bodies, 2003, N 33);

of April 22, 2003 N 57 "About the Procedure for recovery of action of the patent of the Russian Federation for the invention, useful model, industrial design" (it is registered by the Ministry of Justice of the Russian Federation on May 6, 2003, registration N 4506; Bulletin of regulations of federal executive bodies, 2003, N 34);

of December 11, 2003 N 165 "About modification and amendments in the Procedure for recovery of action of the patent of the Russian Federation for the invention, useful model, industrial design" (it is registered by the Ministry of Justice of the Russian Federation on December 18, 2003, registration N 5338; Bulletin of regulations of federal executive bodies, 2004, N 1);

of December 11, 2003 N 166 "About modification and amendments in the Procedure for prolongation of effective period of the patent of the Russian Federation for the invention relating to medicine, pesticide or agrochemical" (it is registered by the Ministry of Justice of the Russian Federation on December 18, 2003, registration N 5336; Bulletin of regulations of federal executive bodies, 2004, N 1).

3. Recognize invalid orders of the Ministry of Education and Science of the Russian Federation:

of April 22, 2005 N 123 "About approval of the Procedure for prolongation of effective period of the patent for industrial design" (it is registered by the Ministry of Justice of the Russian Federation on August 5, 2005, registration N 6883; Bulletin of regulations of federal executive bodies, 2005, N 33);

of April 22, 2005 N 124 "About approval of the Procedure for prolongation of effective period of the patent for useful model" (it is registered by the Ministry of Justice of the Russian Federation on August 3, 2005, registration N 6864; Bulletin of regulations of federal executive bodies, 2005, N 32).

4. Direct this order to state registration in the Ministry of Justice of the Russian Federation.

5. To impose control of execution of this order on the deputy minister Fridlyanov V. N.

 

Minister

A. Fursenko

Appendix

Approved by the Order of the Ministry of Education and Science of the Russian Federation of October 29, 2008, No. 322

Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force

I. General provisions

1. Administrative regulations of execution by Federal Service for Intellectual Property, to patents and trademarks of the state function on implementation in accordance with the established procedure prolongation of effective period of the patent for the invention relating to means which application requires receipt of permission of the body authorized on it in accordance with the legislation of the Russian Federation, effective period of the patent for industrial design, evidences (patent) for useful model, the registration certificate of the trademark, service mark, the certificate on right to use by the name of the place of goods origin, and also recovery of action of the patent for the invention, useful model, industrial design stopped in connection with failure to pay at the scheduled time of duty on its maintenance in force (further Regulations) determines terms and the sequence of actions (ministerial procedures) when implementing the state function of Federal Service for Intellectual Property, to patents and trademarks (further - Rospatent) by prolongation of effective period of exclusive right on the invention relating to medicine, pesticide or agrochemical which use requires obtaining in the procedure for the permission established by the law and certifying this right of the patent, including the patent for the confidential invention granted by Rospatent, and also the patent for the confidential invention granted by the authorized Government of the Russian Federation federal executive body, after its declassification in accordance with the established procedure, exclusive right on industrial design and the right of the patent, exclusive right to useful model certifying it and the patent certifying this right, exclusive right on the trademark and service mark (further - the trademark), certificates on exclusive right of use of the name of the place of goods origin (daleesvidetelstvo on the name of the place of goods origin) (means of individualization), and also recoveries of action of the patent for the invention, useful model (results of intellectual activities in the scientific and technical sphere) and industrial design (result of intellectual activities in the sphere of art designing).

2. Execution of the state function specified in Item 1 of these Regulations is performed according to:

- Civil code of the Russian Federation (Russian Federation Code, 1994, N 32, Art. 3301; 1996, N 5, Art. 410; 2001, N 49, Art. 4552; 2006, N 52 (part 1), the Art. 5496) (further - the Code);

- The Federal Law of July 19, 1997 N 109-FZ "About safe handling of pesticides and agrochemicals" (The Russian Federation Code, 1997, N 29, Art. 3510; 2003, N 2, Art. 153; 167; 2004, N 27, Art. 2711; 2006, N 43, Art. 4412);

- The Federal Law of May 2, 2006 N 59-FZ "About procedure for consideration of addresses of citizens of the Russian Federation" (The Russian Federation Code, 2006, N 19, the Art. 2060);

- The Federal Law of December 30, 2008 N 316-FZ "About patent agents" (The Russian Federation Code, 2009, N 1, the Art. 24);

- The law of the Russian Federation of April 27, 1993 N 4866-1 "About appeal in court of the actions and decisions violating the rights and freedoms of citizens" (Sheets of Council of People's Deputies and the Supreme Council of the Russian Federation, 1993, N 19, Art. 685; Russian Federation Code, 1995, N 51 Art. 4970);

- the order of the Government of the Russian Federation of December 10, 2008 N 941 "About approval of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on the name of the place of goods origin, and also with state registration of transition of exclusive rights to others persons of agreements on the order these rights" (The Russian Federation Code, 2008, N 51, the Art. 6170) (further - Regulations on duties);

- the order of the Government of the Russian Federation of April 7, 2004 N 178 "Questions of Federal Service for Intellectual Property, to patents and trademarks" (The Russian Federation Code, 2004, N 15, the Art. 1471);

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