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Article 1358.Exclusive right to invention, useful model or industrial design

📅 Updated: 30.09.2026

1. The patent holder shall have the exclusive right to use an invention, a useful model or an industrial design in accordance with article 1229 of the present Code, whatever the law may be. The patent holder may dispose of the claim in accordance with paragraph 2 of this article. 2. The use of an invention, a useful model or an industrial specimen is considered, inter alia, to be: (1) entry into Ros territory. of the Russian Federation, manufacture, use, offer of sale, sale, other introduction into civilian circulation or storage for this purpose of a product in which an invention or a useful mo is used or the product in which the industrial sample is used; (2) the performance of the actions referred to in subparagraph 1 of this paragraph with respect to the product obtained directly by the patented If a patented product is new, the identical product is considered to have been obtained by using a patented method because it has not been proven otherwise; 3) owls Retaliation of the actions referred to in subparagraph 1 of this paragraph with regard to a device which, in accordance with its purpose, is automatically operated by a Zapate Quantified mode; 4) carrying out the actions referred to in subparagraph 1 of this paragraph with respect to a product intended for use in accordance with the purpose specified in the iso formula In the course of protecting the invention by using the product for a certain purpose; (5) in the execution of the method in which the invention is used, including through the use of this method. 3. The invention is recognized as used in a product or method if the product contains, and the method uses, each element of the invention given in an independent paragraph of the patent formula. An invention, or a sign equivalent to it, which became known as such in a given technology prior to the priority date of the invention. Whether the product contains each indication of a useful model given in an independent paragraph of the useful model formula contained in the patent. The formulation formula or the useful model shall be established in accordance with article 1354, paragraph 2, of the present Code. glorifies all significant signs of an industrial pattern or a set of indicators giving an informed consumer the same general impression as the patented industrial type. 4. When using an invention or a useful model, each topic given in an independent paragraph shall also be used. in the patent of the formula of another invention, or a sign equivalent to it which became known as such in the technology in question prior to the date of the priority of the other invention, or each topic, at the time of the declaration, in an independent paragraph of the patent formula of another useful model, and in the case of an industrial sample, each significant indication of another industrial sample or aggregate other industrial pattern giving the informed consumer the same general impression as the industrial sample provided that the products have similar designations 5. If the patent holders of an invention, a useful model or an industrial image There are two or more persons, and the rules of article 1348, paragraphs 2 and 3, of the present Code apply to the relations between them, whether or not any of the patent holders are the author. This is the result of intellectual activity.