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Article 5. Conditions of Patentability of Utility Models
1. A technical solution relating to a device shall be protected as a utility model.
A utility model shall be recognized as patentable if it is new and industrially applicable.
A utility model shall be new if the sum of its essential features is not anticipated by prior art.
The state of the art shall include any kind of information published anywhere in the world and made available to the public, before the priority date of the claimed utility model, concerning devices of similar function and the use thereof in the Russian Federation. The state of the art shall also include, on condition of their earlier priority, all applications filed in the Russian Federation by other applicants for inventions and utility models, to the documents of which any person is entitled to get access as per Paragraph 6 of Article 21 or as per part two of Article 25 of the present Law, and inventions and utility models that have been patented in the Russian Federation.
A utility model shall be industrially applicable if it can be used in industry, agriculture, public health and other sectors of the economy.
Disclosure of information, relating to the utility model, by the author, applicant or any person having obtained the information directly or indirectly from them, that made information on the essence of the utility model public, shall not be deemed as rendering the utility model unpatentable, if the application for the utility model were submitted to the Federal executive authority on intellectual property within six months after said disclosure of information.
The burden of proof of the foregoing shall be on the applicant.

Post Author: tsubakipat