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Questions
General information about patents in Russia
From filing to grant
After grant
Sources of information
Answers
General information about patents in Russia
What types of industrial property rights exist in Russia?
Patents, utility models, designs and trade marks are available in Russia. They can all be obtained from the Russian Patent Office (Rospatent).
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How long are the terms of protection of Russian patents and utility models?
The term of protection for patents is twenty years from the date of filing of the application.
For utility models filed after 1 January 2015, the term is ten years from the filing date, with no possibility to extend. For utility models filed before 1 January 2015, it was possible to obtain a one-off extension of three years, extending the maximum term to thirteen years.
If you require a more detailed answer, please send us your question using the contact form.
What inventions cannot be patented in Russia?
The following inventions are not patentable in Russia:
- Methods of cloning of a human being and a clone
- Methods of modification of the genetic integrity of cells of the embryonic line of a human being
- Use of human embryos for industrial and commercial purposes
- Other proposals that are contrary to public interest, principles of humanity and morality
- Discoveries
- Scientific theories and mathematical methods
- Proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements
- Rules and methods of games and for intellectual or business activity
- Computer programs
- Ideas on the presentation of information
- Varieties of plants, breeds of animals and biological methods of obtaining thereof, that is, methods consisting completely of crossing and selection, with the exception of microbiological methods and products obtained by the use of such methods
- Layout designs (topographies) of integrated circuits
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Can computer software be patented in Russia?
Generally speaking, computer programs are not patentable as such, as they do not have the technical character which is a patentability requirement under Article 1350 of the Civil Code of the Russian Federation. However, they can be protected under copyright law.
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Is Russia a member of the Patent Cooperation Treaty (PCT)?
Yes, the country joined the PCT on 29 March 1978 as the Soviet Union, and membership was continued by the Russian Federation as from 25 December 1991. Since then, it has been possible to designate Russia in international patent applications filed via the PCT route.
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From filing to grant
As a foreign applicant, do I need to appoint a professional representative in Russia?
Yes. Natural or legal persons who do not have a residential address or place of business in Russia must appoint a professional representative registered with the Russian Patent Office to represent them in patent prosecution proceedings there. The power of attorney does not need to be notarised or legalised.
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What language must I use for patent applications in Russia?
The request for grant must be filed in Russian. Other documents pertaining to the application may be submitted in Russian or another language. If these other documents are submitted in another language, a translation into Russian must be attached to the application. If this translation is not provided, the applicant will be asked to file a translation into Russian within two months. The procedural language is Russian.
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Can I claim priority for an application filed in Russia?
Yes. The priority period is 12 months from the earliest priority claimed, as stipulated in the Paris Convention. Russia has been a member of the Paris Convention since 1 July 1965. A certified copy of the priority document must be filed within 16 months from the earliest priority date.
Domestic priorities can be claimed within 12 months from the date of first filing in Russia. If a later application claiming domestic priority is filed, the earlier application is deemed to have been withdrawn.
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What do I need to do to get an early filing date in Russia?
It is not possible to get an early filing date by filing a provisional specification. This means that you need to file the complete specification to get a filing date.
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Does Russia allow divisional applications?
Yes. Applicants may file one or more divisional applications at any time prior to the grant of a patent. However, the scope of the description and drawings of these divisional applications may not extend beyond that of the original application.
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Are Russian patents and utility models subject to substantive examination?
Inventions and utility models are subject to a prior-art search and to substantive examination. They are also examined for novelty and industrial applicability. Utility models are not examined for inventive step. Sufficiency of invention or utility model disclosure is also one of the patentability requirements, meaning that the description of an invention or utility model should be such that the invention can be realised by a person skilled in the art.
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How soon after filing an application in Russia do I need to file the request for examination?
The request for examination must be submitted within three years of the date of filing or (for PCT applications) the international filing date. It is not possible to request accelerated examination. Requests for substantive examination can be filed by the applicant or by a third party.
Can I request that my application in Russia be published earlier than 18 months from the filing/earliest priority date?
You can ask for your patent application to be published before the expiry of 18 months from the application date (or, in cases where a priority or domestic priority is claimed, 18 months from the earliest priority date). Such early publication will trigger provisional protection. After publication, anybody can ask to inspect the file relating to the application.
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Can I submit third-party observations on a Russian patent application?
Yes. Observations by third parties are possible following amendments to the law in 2014 and 2015. Once an application is published, any person may submit observations, which will be taken into consideration. However, parties submitting observations do not become parties to the proceedings.
If you require a more detailed answer, please send us your question using the contact form.
What is the time limit for replying to official actions in Russia?
Applicants must respond to office actions within three months or within the extended period for response (where an extension has been requested by the applicant).
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Can I apply for a patent and a utility model at the same time in Russia?
Yes. It is possible to file separate patent and utility model applications for the same invention in Russia. However, the protection right will only be granted for either the patent application or the utility model.
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Can Russian utility models be converted into patents?
Yes. A utility model application can be converted into a patent application and a patent application can be converted into a utility model. The date of filing remains the same in such cases.
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After grant
When do I have to pay annual fees in Russia?
Annual renewal fees for patents have to be paid from the third year onwards. Fees for the first two years have to be paid in a lump sum together with the fee for grant. Subsequent annual renewal fees are payable yearly in advance on the anniversary of the filing date. Annual fees for utility models have to be paid from the first year onwards.
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Is there a grace period for paying annual fees in Russia?
The grace period for the payment of annual renewal fees is six months from the expiry date of the original payment period. Within the grace period, the missing renewal fee can be paid together with a 50% surcharge.
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Can a lapsed patent be restored in Russia?
If a patent has lapsed due to non-payment of renewal fees, a request for restoration can be filed within three years from the expiry of the last year for which the fee was paid. For restoration procedures due to reasons other than non-payment of renewal fees (e.g. restoration of priority) see the Civil Code of the Russian Federation.
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Can I request a patent term extension in Russia?
Since 1 January 2015, for pharmaceutical and agrichemical patents, a supplementary patent can be granted in addition to the main patent to compensate for the period needed to obtain the initial authorisation.
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How can I challenge a granted patent in Russia?
During the term of a patent, any party can file a request for complete or partial invalidation of said patent before the Chamber for Patent Disputes of the Russian Patent Office. After expiry of the patent term, only interested parties can file such a request. Opposition is not available as a procedure for challenging a patent before the Russian Patent Office.
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Sources of information
Where can I find the official publications of Russian patent applications and granted patents?
Publications of applications, patents, supplementary patents for inventions, utility models and search reports can be found in the official bulletin of the Federal Institute of Industrial Property (FIPS), one of the divisions of the Russian Patent Office. The Open Registers, which are available on the FIPS website, also provide access to the full text of patents and published applications. The information and search interface is primarily in Russian.
If you require a more detailed answer, please send us your question using the contact form.
Where can I search Russian patent information in English?
Abstracts of Russian patent documents can be searched free of charge in English and Russian in the databases of the Information Retrieval System of the Russian Patent Office (FIPS), where you will also find the full texts of Russian patent documents from the last three bulletins and the claims of applications and utility models (in Russian only).
If you require a more detailed answer, please send us your question using the contact form.
Where can I find legal status information on Russian patents in English?
Legal status information is available in the Open Registers. Legal status events can be found in the document view of the retrieved document. Some of this information is available in English.
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