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Article 1401: Application for and consideration of a patent for a secret invention

📅 Updated: 30.09.2026

1. Application for and handling of a patent for a secret invention (application for a secret invention) shall be subject to the laws of the State. 2. Applications for secret inventions that are classified as «specially important» or «very secret» and for secret inventions that relate to means weapons and military equipment and methods and means of intelligence, counter-intelligence and intelligence, and for which «secret» secrecy has been established, Depending on their thematic affiliation to the federal executive bodies authorized by the Government of the Russian Federation, the State Atomic Energy Corporation, Rosa The State Corporation for Space Activities, Roscosmos, (authorised bodies), and applications for other secret inventions are submitted to the Federal Executive Intelligence Authority. 3. If, when the Federal Intellectual Property Authority considers an application for an invention, it is established that the information contained therein is: State secrets are kept secret, such an application is classified in accordance with the procedure established by the law on State secrecy and is considered to be a secret invention. 4. When considering an application for a secret invention, the provisions of articles 1384.1386 to 1389 shall apply accordingly. 5. In the event that a secret invention is new to the technical level (art. 1350, para. 2) it shall also be included, subject to the conditions laid down in article 1350, paragraph 2, of the Code. their earlier priority is the secret inventions patented in the Russian Federation and the secret inventions for which the Soviet Union ' s copyright certificates are issued, if established for these inventions 6. Objection to a decision on an application for a secret invention by an authorized authority 7. Applications for secret inventions are subject to the provisions of articles 13 to 79 of the present Code of Criminal Procedure. The application for an invention in the application for a useful model shall not be applied.