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.
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.
Do I have to request a foreign filing license in Russia?
Although a foreign filing license as a separate notion does not exist, all inventions and utility models created in the territory of the Russian Federation should be first filed in Russia and are subject to a six-month security check before going foreign (6 months from the filing date). The applicant may request to reduce this term, but nevertheless, such a reduction is at the discretion of the authorities.
Unlike Russian or Eurasian patent rules (under which a divisional application can be filed before the patent registration or before the lapse of the period allowed for challenging the refusal decision), Ukrainian legislation allows filing a divisional application only before the decision on the initial application is issued (decision of grant or refusal). This limitation is often a stumbling point for applicants familiar with Russian and Eurasian patent regulations.
Can the invention’s right of authorship be transferred?
The inventor holds the invention right of authorship, i.e. the right to be legally recognized as the person who made the invention by his or her own creative work. Right of authorship cannot be alienated or transferred. Waiver of author's rights is void. Right of authorship is protected indefinitely.
I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?
According to Article 1361 of the Russian Civil Code, the person who has in good faith used a solution identical to the patented invention before its priority date, retains the right to use the same solution without increasing the scope of its use (the right of prior use). Therefore, the patent holder is entitled to request from the said person that the volume of use not be increased.
It is important to note that if the other party is able to prove that prior use de facto represented public prior use/open use (which means, in general terms, that the solution has been disclosed to the public in sufficient details), there is a threat of the patent’s invalidation on the grounds of lack of novelty.
We have nearly a century’s experience,
guaranteeing you the highest quality service.
We have ample specialists in all areas of science and technology,
allowing us to resolve even your most complex challenges.
Our patent attorneys and litigation lawyers work in tandem
to provide you with the best-quality patents and to represent you successfully both in legal and in administrative disputes.
We provide an electronic interface to the patent offices
with fully automated workflow to eliminate multiple data entry and avoid errors.
Proximity to the customer, both geographic and electronic.
We have offices in the center of Moscow and in other major Russian cities. You can also access us remotely from anyplace in the world.
International IP publications rate us among the most prestigious world leaders
in the area of Intellectual Property.
Transparent reporting and detailed invoicing
provide you with complete information on our services.
Our professional liability is insured
by one of the world’s leading insurance companies.