The Russian economy is growing steadily with new businesses entering the marketplace with new and improved products and services. There are new inventions being patented which ultimately make the environment more competitive. It is important to protect your intellectual property from others to achieve exclusivity.
To understand the patent registration process in Russia, let us discuss it in detail.
Following a first-to-file system, businesses and individuals alike must be quick to file for a patent so that they can attain legal protection against counterfeiters. To register a patent in Russia, the applicant can file an application through the Federal Service for Intellectual Property (ROSPATENT).
The application can also be filed under WIPO or PCT.
Rospatent issues three types of patents: invention patents, utility patents, and industrial designs patents. To ensure successful patent registration, there are several requirements that you must understand beforehand. These include:
Inventive: The invention must not be known from a technical point of view (as a solution).
Novelty: Should be completely new in the public domain.
Utility/Industrially applicable: Should be economically and socially applicable.
In Russia, some inventions not eligible for a patent, which include mathematical algorithms or models, treatments of animals and humans, use of human embryos for manufacturing or commercial purposes, mental concepts or processes, artistic creations, plans or schemes, principles or theories, other solutions that are contrary to social interests or principles of humanity and morality, computer programs, and plant varieties.
There are two types of patents:
If you do not search before filing an application, chances are that you might end up filing for a wrong patent type. A search will enable you to know different types of patents and the possible reasons for the rejection of applications. This will help you perfect your application to ensure it gets accepted. It is advisable to utilize a patent search service by an attorney or agent if you are new to it.
To register for a patent in Russia, the official language for the application is Russian. If the applicant files in another language, a translation must be provided within 3 months otherwise the application will be rejected. If the application is missing any of the document, a notice will be sent to the applicant to complete the application in due time. The application requirements are:
After the application is filed, the authority conducts a formal examination. To have a substantive examination, the applicant can request either at the time of filing or within 3 years from the filing date. In the substantive exam, the application is checked for any inaccuracy in respect to the application itself and pertaining to already registered similar or identical patents.
If the application does not meet the required documentation, a notice is sent to the applicant to provide the documents in due time. If the applicant fails to do so, the application may be abandoned.
If all the requirements are met, the application gets published in the Gazette for 90 days, open to opposition.
During the publication of the patent, any party can object and oppose the patent registration by proper filing. If this happens, the applicant has to respond with relevant arguments to win the decision for registration. If the applicant fails to provide proper proofs, the application will be rejected.
If there is no opposition or if any objection posed is resolved, the patent gets granted and a notice of allowance is given to the applicant.
The entire patent process takes around 2-4 years on average but can take even longer depending on the complexity of the patent.
Obtaining a patent can be a time-consuming feat but can looking at the benefits, it can save up huge costs in the long term. The cost of obtaining a patent varies depending on the legalities involved. In Russia, the cost of obtaining a patent goes anywhere from $900 to $5000 or more, depending on the number of claims and the legal fees.
Patents in Russia are valid for 20 years from the date of filing. Grant fee and annuities for the first three years have to be paid within 2 months from receiving issuance of the decision to grant a patent.
Subsequent annual maintenance fees are paid in advance before the anniversary of the filing date. It is possible to obtain a grace period of 6 months for late payments but with a payment of 50% surcharge.
Even though the process is time consuming, the overall protection and rights obtained through a patent compensate for everything.
At Patent International, we provide hassle-free Patent services catered to your needs, in compliance with the international requirements and standards. Patent registration in Russia doesn’t have to be complicated, and that’s why Patent International is here to assist with all of your intellectual property needs.
*What to do? How to do it? When to do it? Will it work?*
If these are the questions that come to your mind when thinking of registering a Patent, you have come to the right place. We, at Patent International, answer these questions and more! Offering multiple Patent services, we guarantee client satisfaction. For expert advice and consultation, contact us now!