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 the 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

Which countries are covered by Eurasian patent?

Currently, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan are members of the Eurasian Patent Convention. Moldova left the Convention on February 27, 2012, but the patents registered on the base of applications filed before that date, are valid.

What happens if the applicant does not meet the time limit for entering the national phase in Russia?

The rights of the applicant with respect to an international application in Russia can be reinstated during 12 months upon the applicant’s request. The request should state the reasons for not meeting the time limit. The official fee charged for the reinstatement amounts to 5,000 RUB.

How is it possible to speed up prosecution of patent applications in Russia?

One of the ways to accelerate patent prosecution in Russia is the Patent Prosecution Highway (PPH). Currently, the Russian Patent and Trademark Office (RUPTO) has pilot PPH programs with the European Patent Office and the Patent Offices of Japan, US, Korea, Finland, Spain, Denmark, China and Portugal. According to the signed agreements, RUPTO’s patent examiners will take into consideration PCT and national/regional work products. Filing the PPH request, the client may count on receiving fewer office actions and consequently decreasing the term of prosecution.

Another way is the RUPTO’s paid service allowing the applicant to receive the search report within 10 working days. The search results allow to decrease the term of issuing the first office action or the decision of grant down to 2 months. The official tariff charged for this service amounts to 94,400 RUR.

Is it true that the examination request should be filed to the Eurasian patent office on the date of filing the application?

This requirement (to file the request for substantive examination within the same time limit as the application) only applies to PCT Eurasian regional phase applications. For other types of applications, the examination request should be filed during 6 months from the date of the publication of the patent application.

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