Patent Filling in Russia
Russian law governs Intellectual Property Rights in a very robust manner. It provides Patent Protection to the Inventions, Utility Models, and Designs. Inventions are referred to as substantive technical developments whereas utility models are referred to as smaller technical improvements. Earlier Russian companies used to file more utility model patents as it does not require to fulfill “inventiveness” criteria for the grant of a patent. Patent applications in Russia are mostly referred to the Russian Patent Office, however, other ways of registration are also available. Now, we will look into the various aspects, and requirements of the Patent filling process in Russia.
Key Consideration- While granting patent protection in Russia, the following things are considered:
3. Industrial Applicability
And, as per Russian law, the grace period for novelty has been fixed to 6 months before the priority date.
Further, the law of the land says that Utility patents do not need to fulfill the patentability requirement of “inventiveness”.
As per (Art. 1349,3. Civil Code), the following things cannot be patented in Russia:
1. human cloning technologies;
2. techniques for modifying the genetic integrity of human embryo cells;
3. use of human embryos for industrial and commercial purposes;
4. other solutions contrary to the public interest and humanity and morality principles;
6. rules and methods for games and intellectual or economic activities;
7. scientific theories and mathematical methods;
8. solutions relating solely to the external appearance of a product and intended to satisfy aesthetic requirements only;
9. Varieties of plants and animals and biological methods for producing them, except microbiological methods and products produced by such methods;
10. computer programs; and
11. information presentation (i.e., without a technical character or effect).
Requirements for filling process – Before initiation of the filing process these are the documents and information thatneed to be furnished by the applicant:
1. Applicant's and inventor's names, addresses, and citizenships.
2. A filing number and the date of a priority application or a PCT application.
3. A specification that includes claims, abstracts, and drawings.
4. A copy of any amendments made to the application.
5. A copy of the filled claim.
6. A Power of Attorney (PoA) simply signed and stamped by the applicant(s). Legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA should be provided to the Russian Patent Office within 2 months from the filing of the application.
In case there is any confusion or dispute in regards to Invention the Applicant needs to submit a certified copy of the Priority Application, if he or she wants to claim her right over another applicant, However, there is a condition that She has to provide the document within 16 months from the priority date.
[Image Sources: Shutterstock]
Filling Process– Three methods can be used by an inventor in filing a patent application to protect his invention. The first is through the Russian Patent Office, the second is through the Eurasian Patent Office, and the last is under the Patent Co-operation Treaty (PCT). The procedure for filling out an application is as follows:
Filing a Russian Patent Application: The first step is to apply for a patent with the Russian Patent Office. This application should include all essential information, such as the applicant's or inventor's details, the technical specifications, claims, and any drawings needed for a complete description of the invention. Filling an application via the Russian Patent Office involves initial filling, examination, and any potential appeals or disputes in respect of the patent application.
Another way to file a patent application for the protection of an invention is viathe Eurasian Patent Office. It is an alternative to filinga regional application with the Russian Patent Office, however, the filing via Eurasian Patent Office is twice as expensive as applying tothe Russian Patent Office.
The third option for obtaining patent protection in the Russian Federation is to designate/select the Russian Federation in a PCT application and then enter the national phase before the Russian Patent Office. The Russian Patent Office allows 31 months from the earliest priority date to enter the national phase.
However, if the applicant is a foreign citizen or a foreign legal organization, it is illegal to categorize a patent application as a state secret. And if there is any foreign company that hasan R&D Facility in the Russian Federation then they are required to first fill in Russian Federation Only or else it will result in administrative liability. As a result, the requirement solely applies to applications filed by Russian applicants/co-applicants. If the applicant has not received notification from the Russian Patent Office within six months of filing the patent application, he may file overseas without additional clearance. In addition, the applicant may request inspection about the presence of a state secret to expedite the processes and file the patent application earlier overseas (if the patent application does not include a state secret).
Examination Process – The patent office Conducts a step examination process. The first is a Formal examination and the second step is a substantive examination.Suppose the Patent Office receives a patent application and determines that the application documents are complete and meet the established requirements. In that case, the patent application will be published 18 months after the filing date (for a national application) or 18 months after the expiry of the 31-month term (for a PCT application).
The office conducts a formal examination for about 2 months, and it includes a check on language and priority date (first filing date). All application needs to be filed in Russian language only, and the priority date can be claimed in a subsequent Russian invention or utility model application, filed not later than 12 months (6 months for design patents) after the first application. And if there is two patent application on the same invention then the patent will be granted to the person who has filed his patent application first.
After the formal examination process, the applicant should file a request for a substantive examination process within 3 years from the filing date and this period can be extended for 2 months upon request, or else the application will be deemed withdrawn.
Term of Protection – In every country there is a certain period for which the Patent Rights are being granted to the patent owner. The effective terms for exclusive rights to inventions, utility models, and industrial designs to a Patent Application in Russia are as follows:
Invention: 20 years from the filing date.
Utility model: 10 years from the filing date (it can be extended up to 3 years).
Industrial design: 15 years from the filing date (it can be extended up to 10 years).
For invention patents related to medicines, pesticides, or agrochemical substances that require market authorization, the term may be extended. The extension is equal to the time elapsed from the filing date until the receipt of the first market authorization, minus five years. The request for a patent-term extension must be filed by the patent owner within the patent's effective term and no later than 6 months after receiving market authorization or the patent's issue date, whichever is later. And, it is worth noting that once the protection ends the invention becomes available to the public at large and people may use the invention and exploit the rights of the Inventor without infringing the patent. It's important to note that within the scope of an invention patent in the Russian Federation, the effective terms of independent claims related to compounds or compositions may be extended.
Author : Dishi Mishra, in case of any query, contact us at Global Patent Filing or write back us via email at email@example.com.