Mikhailyuk, Sorokolat & Partners

Patent and Trademark Attorneys

PATENT IN RUSSIA

Patent RussiaWe would like to inform you that we have taken a decision not to file any patent and trademark applications in Russia and Eurasia until the end of the war in Ukraine.

MIKHAILYUK, SOROKOLAT & PARTNERS offers the full range of legal services related to patent registration in Russia including patent search, patent translation, filing and further prosecuting of a Russian patent application, patent maintenance, preparing and recordal of assignment and license agreements as well as representing applicants before courts. We do our best to represent our clients' interests in the most efficient and cost-effective manner.

Patent protection in Russia may be also obtained via Eurasian patent.

The validity term of a patent in Russia is 20 years years from the filing date. For pharmaceutical patents and patents for agrochemicals it is possible to apply for extension of this term for additional 5 years. In case a patent is extended the Supplementary Protection Certificate (SPC) will be issued.

Novelty grace period is 6 months from disclosure of the information on the invention before filing an application.

Overview of the patent registration procedure in Russia:
After completion of the filing procedure an application undergoes a formal examination lasting 2 months. On condition that an applicant submits all required documents, a notification about positive result of the formal examination will be issued. On an applicant's request, which should be filed within 3 years from the filing date, a substantive examination is conducted. If an invention meets the requirements of patentability, a grant decision will be issued. If the registration fee and the first post grant annuities are paid, the patent will be published in the Official Bulletin and issued. The term for payment of the prescribed fees is 2 months from the date of receipt of a grant decision.

The procedure of the invention registration in Russia takes from 2 to 5 years.

Foreign applicants must be represented before the Office by a registered Russian patent attorney.

What is required for filing a patent application in Russia:

  • filing instructions comprising applicant's and inventor's names, addresses and citizenships;
  • a filing number and a date of a priority application or a PCT application;
  • a specification with claims, abstract and drawings;
  • a copy of the amendments, if any;
  • a Power of Attorney 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 filing the application.

For conventional applications it is necessary to provide a certified copy of a priority document if priority is claimed. It may be provided to the Russian Patent Office within 16 months from the priority date.

Terms
The term for entering the Russian national phase of a PCT application is 31 months from the priority date. The term for filing a conventional patent application in Russia is 12 months from the priority date. For detailed information in respect of patent litigation and patent office procedures in Russia click here.

If you need further information concerning patent registration in Russia or quotation for filing and prosecuting of a Russian or Eurasian patent application please feel free to contact us.


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