Russia-Selected Compulsory Licensing, Government Use, and Notable Patent Exception Provisions

Patent Law (1992)

Title II
Conditions of Patentability

(Conditions of Patentability of Inventions)

4.-(3) The following shall not be recognized as patentable inventions:

-scientific theories and mathematical methods;

-methods of economic organization and management;

-symbols, schedules and rules;

-methods for performing mental acts;

-algorithms and programs for computers;

-projects and plans for structures and buildings and for land development;

-proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;

-topographies of integrated circuits;

-plant varieties and animal breeds;

-proposals that are contrary to the public interest, humanitarian principles or morality.

Title IV
The Exclusive Right to Use the Invention, Utility Model or Industrial Design

(Rights and Obligations of the Patent Owner)

10.-(4) Where the owner of a patent has failed to use or has insufficiently used an invention or industrial design within four years, or in the case of a utility model within three years, following the date of the grant of the patent, any person who wishes, after that period has expired, to use the protected industrial propeny subject matter and is in a position to do so, but with whom the owner of the patent has refused to conclude a license contract, may apply to the Higher Patent Chamber of the Russian Federation (hereinafter refened to as "the Higher Patent Chamber") for the grant of a non-exclusive compulsory license. The Higher Patent Chamber shall grant the compulsory license and shall set the limits on the use of the industrial property subject matter, and also the amount, dates and procedure for payment of royalties, unless the owner of the patent is able to justify his failure to use, or insufficient use of, the said subject matter with legitimate reasons. The amount of payment shall be commensurate with the market value of a license.

(5) If the owner of the patent cannot use the invention, utility model or industrial design without infringing the rights of another patent owner, he shall have the right to demand of the latter that he conclude a license contract.

(Grant of the Right to Use the Invention, Utility Model or Industrial Design)

13.-(4) The Government of the Russian Federation may authorize the use of industrial property subject matter without the authorization of the owner of the patent, subject to payment of reasonable monetary compensation, for purposes associated with national defense.

Any dispute relating to the amount of compensation shall be settled by the Higher Patent Chamber.