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.
Do foreign applicants need a Russian or Eurasian attorney?
It is mandatory according to Russian legislation that foreign applicants be represented before Rospatent (RUPTO) by a Russian patent attorney who is listed in the Russian Register of Patent Attorneys.
Similarly, for prosecution of a Eurasian patent application, applicants having no residence or principal place of business in the territory of any State party to the Eurasian Convention are required to be represented by a registered Eurasian patent attorney.
To be successfully guided through the intricacies of national and regional regulation and to ensure the widest possible scope of protection, it is important for the applicant to retain an experienced patent attorney skilled in the specific technical field.
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.
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).
What is the time limit for entering the Eurasian regional phase? Can this term be reinstated?
The time limit for entering the regional phase before the Eurasian Patent Office is 31 months from the priority date or the earliest priority date of several claimed priorities; if no priority is claimed, the time limit is 31 months from the filing date of the international application. The said time limits can be reinstated within 12 months on the applicant’s request in case the Patent office acknowledges the validity of the reason for the delay. The official fee for the reinstatement amounts to 25,000 RUR.
Do I have any protection after publication of a Russian patent application and before the grant of the patent?
As in most patent jurisdictions, an applicant receives in Russia provisional legal protection of his or her rights during the period between the publication of the patent application and the publication of the granted patent (Article 1392 of the Russian Civil Code).
Any third party having used the invention during the said period shall pay to the patent holder a reasonable compensation. If the parties do not agree about the amount of the compensation, the same should be defined by the court. It is important to understand that the right holder can bring a legal action against such a third party only after the registration and publication of the patent.
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