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Article 1373: Invention, useful model, industrial model created in the performance of work under a State or municipal contract

📅 Updated: 30.09.2026

1. The right to a patent and the exclusive right to an invention, a useful model or industrial model created in the performance of work under a State or municipal contract for the State The person who performs a public or municipal contract (executor), except in the cases established by the Abzav of paragraph 3 (i) of paragraph 4, shall be the person who performs the public or municipal contract (executor). A State or municipal contract may provide that the right to obtain a patent and the exclusive right to an invention, a useful model or an industrial person The sample belongs jointly to the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation and the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, the Russian Federation, 2. If, in accordance with a public or municipal contract, the right to a patent and the exclusive right to an invention, A useful model or industrial model belongs to the Russian Federation, a subject of the Russian Federation or a municipal entity, a State or a municipal employer may apply to issue a patent within six months from the date of its written notification to the perpetrator of the result of intellectual activity capable of legal protection as an invention, gender If, within a specified period of time, the public or municipal employer does not submit an application or decide to retain the invention, a useful model, a model or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or a model, or an invention, or a model, or a model, or a model, or an industrial model. 3. If the Russian Federation, an entity of the Russian Federation or a municipal entity that holds a patent on invention, the right to obtain a patent is vested in the executive. a new model or industrial model created in the course of a public or municipal contract for public or municipal purposes, within two years of the date on which a patent for a specified invention, a useful model or an industrial sample will not provide the relevant invention, a useful model or an industrial sample, or will not provide the use of such invention, a useful model or an industrial model under a licence contract or will not transfer the exclusive right to an invention, an industrial model or a useful model Another person, the perpetrator, has the right to claim the exclusive right to an invention, a useful model or an industrial sample free of charge. If the Russian Federation, the constituent entity of the Russian Federation or a municipal entity refuses to conclude a treaty, the right to a free-of-charge exclusion of the exclusive right shall be established. a non-reimbursable disposition of the exclusive right, and in case the patent holder ' s response to the written claim of the perpetrator is not received within three months of the date of dispatch of the taco. On the proposal, the perpetrator has the right to sue the patent holder for the conclusion of a free-of-charge exclusive right contract. that its failure to use an invention, a useful model or an industrial model is due to valid reasons, the court decides to force the conclusion of a free-of-charge contract 4. If the perpetrator who has acquired the exclusive right to an invention is a useful model or industrial model. a sample in the manner provided for in paragraph 2 of this article shall not, within two years from the date of receipt of this right, commence the use of the relevant invention, useful model or industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brazilians will not transfer the exclusive right to an invention, a useful model or an industrial specimen to another person, and the author is entitled to claim an exclusive right to the invention. The transfer of the exclusive right is subject to a free-of-charge exclusive-law contract. the guardian of the conclusion of the free-of-charge exclusive right contract, and also if the patent holder ' s response to the author ' s written proposal for the conclusion of such a contract is not Received within one month of the date of the proposal, the author has the right to sue the patent holder for a non-reimbursable disposition contract. If the patent holder fails to prove that his failure to use an invention, a useful model or an industrial model is due to valid reasons, the court shall order 5. If the perpetrator who obtained the patent for the invention is a free-of-charge right to the relevant invention, a useful model or industrial model. a useful model or industrial model in accordance with paragraphs 2 and 3 of the present article in its own name (including jointly with other rights holders) will decide on early termination a patent, he is obliged to notify the author of the invention, the useful model or the industrial model of the early termination of the patent and, if he so requests, to transfer to him the exclusive right to such a patent. The transfer of the exclusive right is subject to a free-of-charge exclusive-law agreement. the applicant ' s conclusion of a free-of-charge exclusive right contract or the failure to receive his response to the author ' s written proposal to conclude such a contract within one month Since the date of the proposal, the author has the right to bring an action to the court against the perpetrator for the conclusion of a free-of-charge exclusive-law contract. The hotel did not notify the author of the early termination of the patent, and the author is entitled to apply to the court for enforcement of the application for reinstatement of the patent. 6. The author of the invention, useful model or industrial design referred to in paragraph 1 of this article, other than the patent holder, shall be remunerated in accordance with paragraph 4 7. Paragraphs 2 to 5 of this article do not apply to intellectual activity directly related to defence and safety. and (art. 1240.1, para. 2, of the present Code).