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It is registered

Ministry of Justice

Russian Federation

On December 25, 2015 No. 40249

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of November 3, 2015 No. 809

About approval of the Procedure for issue and action of the additional patent for the invention, prolongation of effective period of the patent for the invention

According to item 4 of Article 1363 parts four of the Civil code of the Russian Federation (Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; 29, of the Art. 4342) I order to No.:

1. Approve the enclosed Procedure for issue and action of the additional patent for the invention, prolongation of effective period of the patent for the invention.

2. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Minister

A. V. Ulyukaev

Approved by the Order of the Ministry of Economic Development of the Russian Federation of November 3, 2015, No. 809

Procedure for issue and action of the additional patent for invention, prolongation of effective period of the patent for the invention

1. This Procedure for issue and action of the additional patent for the invention, prolongation of effective period of the patent for the invention (further - the Procedure) determines rules of prolongation of effective period of the patent for the invention (further - the patent) and issues of the additional patent.

2. Prolongation of effective period of the patent is performed concerning the patents for inventions relating to such product as medicine, pesticide or agrochemical which use requires obtaining in the procedure for permission established by the legislation of the Russian Federation according to the statement of the patentee for prolongation of effective period of exclusive right on the invention and the patent certifying this right (further respectively - the applicant, the statement, prolongation of effective period of the patent).

3. The application is submitted:

1) during action of the patent before the expiration of six months from the date of receipt of the first permission to application of product or from date of issue of the patent depending on what of these terms expires later if from the date of application for patent grant about day of receipt of the first permission to application there passed more than five years;

2) along with the petition, stipulated in Item 1 Article 1400 of the Civil code of the Russian Federation (The Russian Federation Code, 2006, No. 52, Art. 5496; 2007, No. 49, Art. 6079; 2008, No. 27, Art. 3122; No. 45, Art. 5147; 2010, No. 8, Art. 777; No. 9, Art. 899; No. 41, Art. 5188; 2011, No. 50, Art. 7364; 2013, No. 27, Art. 3477, 3479; No. 30, Art. 4055; 2014, No. 11, Art. 1100; 2015, No. 1, Art. 83; No. 27, Art. 3996; No. 29, the Art. 4342) (further - the Code), about recovery of action of the patent which was terminated because patent fee in force was not paid for maintenance of the patent in the established legislation of the Russian Federation term (further - the petition) submitted within stipulated in Item 1 article 1400 of the Code term or during consideration of the petition.

4. According to the statement check of term of its representation and payment of duty which includes check is performed:

1) the fact of submission of the statement in the terms specified in Procedure Item 3;

2) the fact of payment of duties in the amount of and procedure, the established 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 other faces and agreements on the order these rights approved by the order of the Government of the Russian Federation of December 10, 2008 No. 941 (The Russian Federation Code, 2008, No. 51, Art. 6170; 2011, No. 39, Art. 5487; 2013, No. 47, the Art. 6106) (further - Regulations on duties).

5. If as a result of check of payment of duty payment of duty in the amount of and procedure, the established Regulations on duties, is confirmed, according to the statement check, stipulated in Item 7 About is performed.

6. If the statement is not submitted within the terms specified in Procedure Item 3 and (or) the duty in the amount of and procedure, is not paid by the established Regulations on duties, to the applicant refuses in prolongation of effective period of exclusive right on the invention and the patent certifying this right.

7. If the statement is submitted within the terms specified in Procedure Item 3 and according to the statement the duty in the amount of and procedure, is paid by the established Regulations on duties, check of observance of the following conditions of prolongation of effective period of the patent is performed:

1) the validity of the patent can be extended according to Item 2 of article 1363 of the Code;

2) the State register of inventions of the Russian Federation (further - the State register) contains data on state registration of the invention concerning which the application is submitted;

3) the information about the patentee specified in the statement corresponds to the data containing in the State register, relating to the invention concerning which the application is submitted;

4) person who submitted the application has powers of procuration with Rospatent;

5) legal protection of the invention concerning which the application is submitted, it is not stopped or it is not acknowledged invalid in the procedure established by the legislation of the Russian Federation;

6) the term of submission of the petition is observed stipulated in Item 1 article 1400 of the Code if the application is submitted along with the petition or during consideration of the petition;

7) the invention formula containing set of signs of the patented invention (further - invention formula), characterizes product which belongs to medicine, pesticide or agrochemical and for which application permission is got in the procedure established by the legislation of the Russian Federation (further - permission).

8. When checking observance of condition of prolongation of effective period of the patent provided by the subitem 7 of Item 7 of the Procedure:

1) it is established whether the invention formula characterizes product which belongs to medicine, pesticide or agrochemical and for which application permission is got.

The formula of the invention characterizes product which belongs to medicine, pesticide or agrochemical and for which application permission is got if:

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