MIKHAILYUK, SOROKOLAT & PARTNERS Patent and Trademark AttorneysISO 9001 CERTIFIED
MIKHAILYUK, SOROKOLAT & PARTNERS
Patent and Trademark Attorneys
ISO 9001 CERTIFIED


UTILITY MODEL IN RUSSIA

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

The term of protection of a Utility Model in Russia is 13 years* from the date of filing, i.e. 10 basic years extendible for additional 3-year term.

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

According to the Russian legislation valid as of October 1, 2014, the application for a utility model should relate to one utility model only**, the object of which may be only a device. In contrast, the object of the invention application may be a product (device, composition, microorganism strain, animals and plants cell culture) and a process/method.

Overview of the Utility Model registration procedure in Russia:
After completion of filing procedure the utility model application undergoes the formal examination within 2-3 months. Utility models in Russia are subject to substantive examination as of October 1, 2014**. If a utility model meets the requirements of patentability, the grant decision is issued. If the registration fee and the first post grant annuities are paid, the decision is published in the Official Bulletin and the patent is issued. Term for payment of the prescribed fees is 4 months from the date of issue of the decision.

The procedure of the utility model registration in Russia takes about 1,5-2 years**.

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

For filing a utility model application in Russia we need:
- your filing instructions with applicants and inventors name, address and citizenship;
- filing number and date of priority application or PCT application;
- specification with claims, abstract and drawings;
- Power of Attorney simply signed and stamped by the applicant(s), legalization and notarization are not required (may be provided to the Russian Patent Office within 2 months from filing the application);
- for conventional applications - Certified copy of the priority document, if priority is claimed (may be provided to the Russian Patent Office within 16 months from the priority date).

* - According to the amended Civil Code of the Russian Federation the term of protection of a Utility Model for applications filed on or after January 1, 2015 constitutes 10 years from the date of filing without the possibility of extension.
** - For the PCT applications entering the Russian national phase as utility models with the filing date before October 1, 2014, the application may relate not only to one utility model, but to a group of utility models, united by the single inventive idea and the application will proceed to the grant stage upon completion of the formal examination, which shortens the registration procedure to about 1 year.

The term for filing a utility model application claiming priority in Russia is 12 months from the priority date. The term for entering the Russian national phase of a PCT application as utility model is 31 months from the priority date.

For more information about registration of the utility model in Russia or quotation for filing and prosecution of the Russian utility model application please contact us.

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