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PROMOTING THE USE OF INVENTIONS AND LICENSING

Open license

If a patentee wants to facilitate use of the patented invention, it may make an announcement on grant of the "open license", i.e. announce the desire to grant a license on use of the invention to any person or entity. In this case annuities are decreased by 50% beginning from the next year (Art 13).

State Inventions Fund

For the accepted applications, on which patents are to be assigned to the State Inventions Fund, payment of official fees, including annuities, might be postponed by a special request till the date of actual obtaining of income from the use of an invention, utility model, industrial design.

Compulsory licensing

If a patent owner has not used or has insufficiently used a patented invention within four years of the issuance of a patent and refuses to grant a license on the patented invention, any person willing and ready to use the invention may request a compulsory non-exclusive license from the Supreme Patent Board. If the patentee fails to prove that the invention was not used due to valid reasons, the Supreme Patent Board grants the requesting party a license to use the invention subject to certain terms of payment the license fees.

If a patent owner cannot use the patented invention, utility model, industrial design, without infringing the rights of another patentee, it has the right to demand from the latter conclusion of a license agreement (Art.10).




The Russian Patent Office is currently developing a draft of the Law “The amendments to the Russian Federation Law “On trademarks, service marks and names of goods’ origin”.
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Draft Law concerning amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1
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