PCT Entry, Patent Application In Russia

Invention/utility model patent applications are filed with the Russian Patent and Trademark Office – the Federal Service for Intellectual Property (Rospatent).

Most of the patent filings received by the RUPTO from foreign applicants are national phases of PCT applications or national applications claiming conventional priority from applications filed in foreign countries. In case the invention was made in Russia, it is required that the first application be filed with Rospatent. (Please refer to the First Filing Requirement/Foreign Filing License section below.)

Sojuzpatent processes patent filings electronically, which ensures a 30% discount off the official fees.

For invention/utility model patent applications, the Russian PTO performs both formal and substantive examinations. For invention patent applications, a separate examination request should be filed no later than 3 years from the filing date (for PCT national stages - from the international filing date). The substantive examination for utility model patent applications is started automatically after the formal examination has been completed.

Most of our patent attorneys have prior experience working as examiners in Rospatent, and their extensive technical knowledge is combined with a deep understanding of the Patent Office’s approaches and requirements.

Featured specialist

Patent application in Russia, utility model in Russia
Your name *
Company name
Your phone
Email *
Comment
Upload a file
Avaiable file types: doc, docx, odt, xls, xlsx, ods, pdf and images. Not greater than 2Mb.

First Filing Requirement (Foreign Filing License) in Russia

The term “foreign filing license” is not directly mentioned in Russian IP legislation. At the same time, Russian regulations contain provisions similar to those set forth in countries that oblige national applicants to receive special permission before filing patent applications abroad.

 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 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.

We will be happy to provide more information and perform an analysis of a specific situation involving the first filing requirement.

DO YOU HAVE ANY QUESTIONS? ASK OUR EXPERT!

FAQs

At which stage can a Russian invention patent application (PCT national phase) be converted into a utility model application?

At which stage can a Russian invention patent application (PCT national phase) be converted into a utility model application?


An invention patent application (including a PCT national phase) can be converted into a utility model application:

  •          before the publication of the application or issuing a decision of grant, whichever comes first;
  •          within 7 months of the refusal (or of the dispatch by Rospatent of the cited documents requested by the applicant within 3 months of the refusal).

After the grant, the conversion of an invention patent into a utility model patent can be used as a defense strategy during an invalidation proceeding in the RUPTO’s Chamber for Patent Disputes.

It is important that the claimed technical solution be related to a device.


Can the invention’s right of authorship be transferred?

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.


Get a Quote for a patent Application

What is the process for validating a Eurasian patent in the respective countries?

What is the process for validating a Eurasian patent in the respective countries?


One of the convenient features of the Eurasian patent system is the absence of a separate validation procedure. The patent holder chooses the countries in which the patent should be valid simply by paying the requisite annuities. The annuities are paid to the Eurasian Patent Office, and the patent is automatically valid in all the countries for which the payments have been effected.

And even if a patent is declared invalid in some countries due to non-payment of the annuities, it can be reinstated in any of the countries within three years.


Get a Quote for a Eurasian Application

Do foreign applicants need a Russian or Eurasian attorney?

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.


Get a Quote for a patent Application

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.


Get a Quote for a patent Application

A few of OUR advantages
  • 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.