A Russian invention patent is valid for 20 years and a utility model patent – for 10 years from the application filing date. The term of protection can be extended for inventions relating to drugs, pesticides or agrochemical products, in case their use requires a statutory authorization and more than five years has lapsed from the filing date of the patent application to the date of obtaining the first authorization. The extension period cannot exceed five years.
To maintain the validity of a patent, annuities should be paid to the Russian Patent Office starting from the first year for utility models and from the third year – for inventions. The first accumulated annuities are paid together with the grant and registration fees.
The annuities for every subsequent year should be paid within the preceding 12 months.
Every year, Sojuzpatent pays annuities for about 50 thousand patents. On your instruction, your patents can be added to our monitoring and reminder system, and we will ensure timely payment.
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.
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 decreasing to two months the term of issuing the first office action or the decision of grant. The official tariff charged for this service amounts to 94,400 RUR.
Is it true that the examination request should be filed with the Eurasian patent office on the date the application is filed?
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 within 6 months of the date of publication of the patent application.
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.
Can an inventor file an application for an invention that was disclosed by the inventor in specialized literature earlier?
There is a so-called six month novelty grace period. The disclosure of information relating to the invention by the inventor, applicant or by any person having obtained the information directly or indirectly from them (including when invention is displayed at an exhibition), as a result of which information on the subject matter of the invention has become publically available, does not destroy the novelty of the invention provided that the patent application was filed with the RUPTO within six months from the date of the information disclosure.
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