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.


Disclaimer

  1. The information provided on this site, to the best of our knowledge, is correct as of the date of publication. Sojuzpatent periodically changes and updates it. However, this information is general in nature and may not be applicable to specific circumstances. Furthermore, future changes to legislation and interpretations may affect this information.
  2. Nothing on this website constitutes legal or other professional advice. We shall not be liable for any damage arising from the use of this site or any material contained in it.
  3. Please note that you must obtain Sojuzpatent’s approval before uploading on the website or sending by email any information that you deem confidential. Receipt of unsolicited confidential information shall not disqualify Sojuzpatent from representing any other party in any matter.