Patent drafting

To serve the goal of protecting the claimed invention in practice, the patent should be “strong”. A strong patent not only meets the patentability criteria and is able to sustain invalidation attacks; it should be broad enough to be successfully enforced against eventual infringements.

Strong patents form the cornerstone of a successful innovative company’s intellectual property assets.

Sojuzpatent’s attorneys have vast experience in drafting strong patents ab initio and are able to meet a client’s demands in any technical field, including aeronautical engineering, aerospace engineering, agriculture, automotive, biotechnology, cleantech, construction, defense, electronics, food, genetic engineering, immunology, IT/Software, materials, manufacturing, mechanical/engineering, medical devices, nanotechnology, the oil & gas industry, optical technologies, pharmaceuticals, semiconductors, and telecommunications.

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Drafting a Patent Application
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FAQs

What is the time limit for entering the national phase in Russia and neighboring countries?

The time limit for entering the national phase in Russia is 31 months from the priority date (the earliest priority date if several priorities are claimed), and, if no priority is claimed, 31 months from the filing date of the international application.

The time limit for other post-Soviet countries are as follows:

Country

Time limit in months

As designated office

As elected office

Armenia,

31

31

Azerbaijan

30

31

Belarus

31

31

Estonia

31

31

Georgia

31

31

Kazakhstan

31

31

Kyrgyzstan

31

31

Latvia

There is no national phase, the application should enter the regional phase before EPO

Lithuania

There is no national phase, the application should enter the regional phase before EPO

Moldova

31

31

Tajikistan

30

31

Turkmenistan

30

31

Ukraine

31

31

Uzbekistan

31

31

How can I transfer the Russian part of an international patent application (PCT) and of a Eurasian patent (application)?

The Russian part of a PCT application (as any Russian patent or patent application) can be transferred/assigned to another party on the base of an agreement between the parties (the recordation of the transfer of rights under a Russian patent takes about two months within the RUPTO plus preparation work).

A transfer/assignment of a Eurasian patent (patent application) can only take place with regard to all the contracting states (Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, Turkmenistan). Therefore, if the patent holder intends to transfer their patent rights with regard to Russia only, they will be unable to do so as long as the Eurasian patent is maintained in force in other countries.  (And even if the patent holder has recently stopped paying annuities for some countries, the 3-year reinstatement right would be transferred together with the Eurasian patent).

Can the applicant file voluntary amendments during the processing of a Russian invention patent application?

It goes without saying that an applicant can file amendments to the application in response to an office action. In addition, he or she has an opportunity to file voluntary amendments (irrespective of received office actions) once, at any time after receiving the search report.

What is the deadline for filing a divisional application in Ukraine?

Unlike Russian or Eurasian patent rules (under which a divisional application can be filed before the patent registration or before the lapse of the period allowed for challenging the refusal decision), Ukrainian legislation allows filing a divisional application only before the decision on the initial application is issued (decision of grant or refusal). This limitation is often a stumbling point for applicants familiar with Russian and Eurasian patent regulations.

How can I invalidate a Eurasian patent?

Within 6 months of the publication of the mention of the grant of a Eurasian patent, any person (non-residents of any contracting state – through a registered Eurasian patent attorney) can file an opposition against the grant of the Eurasian patent to the Eurasian Patent Office. After the 6-month period has expired, the Eurasian patent can be invalidated separately in each of the contracting states according to the national procedures. In Russia, for example, the nullity action, in most cases, should be filed with the Russian PTO, the decision of which is appealable to the Court for Intellectual Property Rights.

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