Conversion of an invention into utility model in Russia

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.


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