Patent protection in other neighboring countries

Patent protection in all post-Soviet countries not mentioned in the specific sections can be obtained:

  • directly, by filing an application with the respective Patent Offices, or
  • through one of the two regional patent conventions – the European Patent Convention (EPC) or Eurasian Patent Convention (EAPC).

Many international applicants choose this second route, especially for the two countries that do not allow the direct entry of PCT applications into a national phase (Latvia and Lithuania).

The list of countries where a European patent can be validated:

  • Estonia,
  • Latvia,
  • Lithuania,
  • Moldova*.

The countries – members of the EAPC:

  • Armenia,
  • Azerbaijan,
  • Kyrgyzstan,
  • Tajikistan,
  • Turkmenistan.

Sojuzpatent, through a network of trusted agents, helps its clients with:

  • filing patent applications directly with the national PTOs (including a PCT entry into a national stage),
  • filing a Eurasian patent application, which covers the mentioned countries,
  • validating a European patent in the respective states.

*Validating a European patent in Moldova is available, although the country is not a member of the EPC.

Featured specialist

Ms. Elena V. Mozhaeva, Senior associate, Head of Filing Group
Senior associate, Head of Filing Group
Patent protection in other neighboring countries
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FAQs

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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Does the Russian Patent Office require metric units in patent applications?

Does the Russian Patent Office require metric units in patent applications?


Although in the RUPTO regulation there is a mention that preferably metric units should be used in Russian invention patent applications, there is no prohibition to use imperial or US customary units.


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Do I have to request a foreign filing license in Russia?

Do I have to request a foreign filing license in Russia?


Although a foreign filing license as a separate notion does not exist in Russia, there is still a similar requirement.

In case the invention has been developed in the Russian Federation, the applicant is required by Russian law to file their first application in Russia (direct national filing or international application filed with the RUPTO as the International receiving office).

Any subsequent application can only be filed abroad after a six-month check performed by the Russian Patent Office. The check is meant to reveal state secrets the invention may eventually contain. Rospatent does not issue any special permission to file foreign applications (as compared to the US foreign filing license, when the US PTO issues a corresponding notification). The lapse of  said six-month term automatically allows the applicant to file subsequent applications with foreign Patent offices. The term may be reduced by filing a request explaining that the application materials do not contain state secrets. Reduction of the term lies then within Rospatent’s discretion. It may normally be reduced to 3-4 months.

If, in breach of said rule, the applicant files the patent application with a foreign Patent office, Russian law stipulates administrative liability (monetary penalties). At the same time, if, after an unauthorized foreign filing, a state secret is revealed in the invention, both the applicant and the inventor become criminally liable.

 


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Is forum shopping available in patent/trademark litigation in Russia?

For most disputes related to patent invalidation/trademark cancellation, the venue is determined directly by Russian law. It is either the Federal executive authority in the sphere of intellectual property (Rospatent, the Chamber for Patent Disputes) or the Court for Intellectual Property Rights. For the remaining invalidation/cancellation actions (a few rare types of cases) the venue is defined according to general rules depending on the defendant's address.

At the same time, in infringement lawsuits, forum shopping is possible when the claimant can name multiple persons as co-defendants (e.g. manufacturer/importer, wholesalers, and retailers). In such cases, the claimant has the option to choose with which territorial court to file their action.

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.


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