Invention and Utility Model Patent Registration

Patent registration in Russia and neighboring countries

Prior art search
Performing the prior art search and preparing a preliminary patentability opinion
Patent Drafting
Drafting a patent application for any industry sector
Patent Applications In Russia
Registering an invention/utility model patent in Russia
Eurasian patent application
Filing a patent application under the Eurasian Patent Convention

Patent after Grant

Patent Annuities
Monitoring and payment of maintenance fees
Patent Invalidation
Disputes on patent validity in Russia
Patent Infringement
Unauthorized use of a Russian patent

An inventor can ensure protection for their technical solution in Russia by obtaining a patent for either an invention or a utility model.

As in most jurisdictions, an invention in Russia relates to:

  • a product (including a device, a substance, a microorganism strain, a plant or animal cell culture); or
  • a method (performing actions on material objects with the use of material facilities).

A utility model relates only to a device.

The Russian Patent Office, officially named the Federal Service for Intellectual Property (Rospatent), examines patent applications for both inventions and utility models with regard to their meeting patentability criteria. The patentability criteria for inventions include novelty, an inventive step (non-obviousness), and industrial applicability, whereas a utility model is not required to meet the inventive step criterion. Therefore, a utility model is perceived as a “minor” or “small invention”. For the inventor, it is easier to obtain a utility model patent and, in case the patent is challenged by a third party, there is one less ground for invalidation (the inventive step). The downside for a utility model patent is its term of validity – ten years compared to twenty years for an invention patent. The main advantage is a relatively quick grant – about 9-12 months from the filing date.

An alternative opportunity to protect your technical solution may be a Eurasian patent (applicable for inventions only) valid in eight countries including Russia.

Russian invention/utility model patent applications and Eurasian patent applications may claim priority under the Paris Convention and can be filed as national (regional) phases of international (PCT) applications.

Our patent prosecution and litigation team is widely recognized for its expertise in all patent-related matters. As a leading and by far the oldest Russian and Eurasian patent law firms, Sojuzpatent provides a full range of patenting services, including:

  • drafting and filing patent applications;
  • handling the processing of the application up to and including the grant and obtaining the letters patent;
  • paying annuities for maintaining patent validity;
  • recordation of changes, transfers of rights and licenses, including the drafting of assignment, license, franchise, security and pledge agreements;
  • defending the obtained patents in invalidation actions;
  • revocation of other parties’ patents;
  • bringing legal actions against eventual infringers;
  • representing clients’ interests in other patent-related issues before judicial and administrative bodies in Russia and the neighboring countries.

Deputy Managing Partner
Head of Patent Department
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FAQs

Do I have to prove the legal interest for filing a nullity action against a Russian patent?

Do I have to prove the legal interest for filing a nullity action against a Russian patent?

According to Russian patent legislation, any person who became aware of violations of patent law can file an invalidation action to the Russian Patent office (or to the court in case the violation relates to the list of the inventors/applicants) during the term of validity of the patent. However, only a person having legal interest in invalidating the patent can file an invalidation request after the expiry of the patent.

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

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


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What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?

What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?


There are three different ways of accelerating prosecution of patent applications in Eurasian Patent Office:

  1. PPH pilot programs between EAPO and EPO, between EAPO and the Patent Offices of Japan and China have been launched. A PPH pilot program with the Korean Intellectual Property Office of the Republic of Korea (KIPO) started in 2019.
  2. In addition to the signed PPH programs, the Eurasian Patent Office adopted a Pilot Program of accelerated processing of PCT regional phase applications. On the applicant’s request, the substantive examination of the application shall take into consideration work products of the international phase prepared by several major Patent Offices including some of those with which EAPO does not have PPH programs. EAPO shall issue the first office action or allowance/rejection decision within 3 months from the acceptance of the request.
  3. Accelerated prosecution of Eurasian patent applications is available to applicants for an additional fee. The formal examination can be completed in 5-10 days. In case accelerated substantive examination is requested, the Eurasian patent office undertakes to dispatch the first official communication within 3 months from the acceptance of the request.

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

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).


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Can the PCT national stage start before the expiration of the time limit?

Can the PCT national stage start before the expiration of the time limit?


In both Russian and Eurasian Patent Offices, the processing of a PCT national (regional) stage application may start before the expiration of the 31-month time limit in case the applicant makes an express request to the Patent Office.


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