Inventions and Utility Models

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
DO YOU HAVE ANY QUESTIONS? ASK OUR EXPERT!

FAQs

Which countries are covered by a Eurasian patent?

Which countries are covered by a 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 basis of applications filed before that date, are valid.



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What is the deadline for filing a divisional application in the Russian and Eurasian Patent Offices?

What is the deadline for filing a divisional application in the Russian and Eurasian Patent Offices?


A divisional application can be filed with the Russian PTO:

  • at any time during the prosecution and, if the patent is granted, before the date of the registration of the patent;
  • in case of refusal, during the statutory time period allowed for challenging the decision of refusal, i.e.:
    • 7 months from the date of the dispatch of the decision of refusal or
    • 7 months from the date of the dispatch of the cited references provided that they have been requested within three months from the dispatch of the decision of refusal.

A divisional application can be filed with the EAPO:

  • at any time during the prosecution and, if the patent is granted, before the date of the registration of the Eurasian patent;
  • in case of refusal, during the time period allowed for challenging the decision of refusal, that is within three months of the date of receipt by the applicant of the notification of refusal.

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Can I use arguments for invalidity as a defense in an infringing action brought in Russia by the patent’s owner?

Can I use arguments for invalidity as a defense in an infringing action brought in Russia by the patent’s owner?


The defendant in a patent infringement case brought to a Russian court can challenge the patent validity. However, since the Russian patent system is bifurcated, the defendant cannot assert invalidity of the patent in question to the infringement court, but has to initiate a separate proceeding at the Chamber for Patent Disputes in the Russian Patent and Trademark Office. Accordingly, infringement and invalidity of the patent at issue will be examined in separate proceedings.

The court judgment on the infringement suit is appealable to a local court of appeals and the appeal decision comes into force immediately. The decision of the court of appeals can be challenged before the Court for intellectual property rights as a cassation instance.

The decision of the Chamber for Patent Disputes on the patent’s validity is appealable to the Court for intellectual property rights, and its decision can be challenged before the Presidium of the same Court as a cassation instance.

Therefore, a judgment by an infringement court may come earlier than that by the Chamber for Patent Disputes, and an injunction could be enforced by a patentee even if the patent is invalidated later on.


file a request on patent infringement

How can I invalidate a Eurasian patent?

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.


File a request

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.