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Ministry of Justice

Russian Federation

On December 25, 2015 No. 40248

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of September 28, 2015 No. 691

About approval of the Procedure for prolongation of effective period of the patent for industrial design

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 prolongation of effective period of the patent for industrial design.

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 September 28, 2015, No. 691

Procedure for prolongation of effective period of the patent for industrial design

1. Prolongation of effective period of the patent for industrial design (further - the patent) is performed according to the statement of the patentee for prolongation of effective period of exclusive right on industrial design and the patent certifying this right (further respectively - the applicant, the statement).

2. The application is submitted:

1) concerning the patents granted according to requests for patent grant (further - the request) for which date of giving is established till January 1, 2015:

- during action of the patent within the fifteenth year of action of the patent;

- within six months after the fifteenth year of action of the patent in case of payment of duty for the sixteenth year of action of the patent according to paragraph one of Item 9 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 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);

- along with the petition for recovery of action of the patent which was terminated because patent fee for maintenance of the patent in force was not paid to the time established by the legislation of the Russian Federation, stipulated in Item 1 Article 1400 of the Civil code of the Russian Federation (The Russian Federation Code, 2006, to No. 52, by 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. 29, to the Art. 4342) (further respectively - the petition, the Code) submitted within stipulated in Item 1 article 1400 of the Code term or during consideration of the petition;

2) concerning the patents granted according to requests for which date of giving is established after January 1, 2015:

- during action of the patent within the fifth year of action of the patent or the last year of the five-year period of action of the patent on which the validity of the patent was extended;

- within six months after the fifth year of action of the patent or the last year of the five-year period of action of the patent on which the validity of the patent was extended;

- along with the petition submitted within stipulated in Item 1 article 1400 of the Code term or during consideration of the petition.

3. 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 according to the patents granted according to requests for which date of giving is established till January 1, 2015 in the terms specified in the subitem 1 of Item 2 of the Procedure for prolongation of effective period of the patent for industrial design (further - the Procedure);

2) the fact of submission of the statement for the patents granted according to requests for which date of giving is established after January 1, 2015, in the terms specified in the subitem 2 of Item 2 of the Procedure;

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