Article 1398: Confinement of a patent for an invention, a useful model or an industrial model

1. A patent for an invention, a useful model or an industrial specimen may be declared null and void in whole or in part in cases of (1) non-conformance with an invention, a useful model or an industrial model a model of the conditions for patentability established by this Code or the requirements laid down in article 1349, paragraph 4, of this Code, as well as the non-conformity of the industrial model, is required. (2) the non-conformity of the documents of the application for an invention or a useful model submitted at the date of its submission with the requirement of disclosure of the substance I am or a useful model that is complete enough to carry out an invention or a useful model by a technical expert; (3) the existence in the formula of an invention or a useful model that is, is contained in the decision on the granting of the patent, the grounds not disclosed at the date of the application in the documents submitted at that date (art. 1378, para. 2) or the presence in the attached decision on the granting of the patent a/ For an industrial sample of images of a product that includes significant characteristics of an industrial sample not present on the images submitted at the date of the application, or of an image submitted on the date of submission; Art. 1378, para. 3); 4) the granting of a patent if there are several Requests for identical inventions, useful models or industrial designs having the same priority date, in violation of the conditions laid down in article 1383 of the present Code; (5) the issuance of a patent and identifying therein as the author or patent holder a person who is not such under this Code, or without specifying in the patent as the author or patent holder of the person, 2. Patent for an invention, a useful model or an industrial specimen during the period of its validity as set out in article 1363, paragraphs 1 to 3 the Code may be challenged by an objection to the federal intellectual property authority by any person who has become aware of the violations provided for in the Code. The patent for an invention, a useful model or an industrial specimen during the period of its validity as set out in paragraphs 1 to 3 of article 1363 of the present Code, m Any person who has become aware of violations under subparagraph 5 of paragraph 1 of this article shall be subject to judicial challenge. 3. During the period of the challenge, the person concerned may be challenged on the grounds and in accordance with the procedure set out in paragraphs 1 and 2 of this paragraph. The patent holder is entitled to apply for the patent to be converted into a patent for a useful model if the patent for an invention does not exceed the period of validity. the patent of a useful model provided for in article 1363, paragraph 1, of the present Code. a patent for an invention in a patent of a useful model, provided that the patent for an invention is declared null and void and that the useful model is in conformity with the requirements and conditions of patentability, In accordance with article 1349, paragraph 4, article 1351, paragraph 2, paragraph 2, of the present Code, no conversion shall be effected if the patent for the invention of an invention On the application for a contract for the removal of a patent in accordance with article 1366, paragraph 1, of the present Code, the application has not been withdrawn. If the patent is converted into a patent into a useful model, the priority and date of delivery of c is the date of the application for conversion of the patent. 4. A patent for an invention, a useful model or an industrial specimen shall be declared null and void, in whole or in part, on the basis of a decision taken by a federal authority Under article 1248, paragraphs 2 and 3, of the present Code, or a court decision which has entered into force. A new patent is issued if the application to convert the patent into a patent to a useful model is granted. 5. A patent for an invention, a useful model or an industrial sample that has been declared invalid in whole or in part shall be cancelled from the date of application for a patent. 6. nzion contracts entered into on the basis of a patent for invention, a useful model or an industrial model that was subsequently declared invalid shall remain valid to the extent that they were valid. 7. Recognition of a patent for an invention, a useful model or an industrial model is invalid. (art. 1387) and cancellation of the entry in the relevant States 8. Provision of legal protection in the territory of the Russian Federation to an industrial model registered in accordance with an international treaty the Federation may be declared null and void in whole or in part on the grounds and in the manner provided for in this article.