Patenting in the Russian Federation
The task of patenting in RF and any other jurisdiction is to protect the rights of the inventor to the result of creative, scientific and technical work. The result of this process is the issuance of a title of protection, which is called a patent. It is valid only in the territory of the receiving country.
Representation of foreign applicants is allowed by patent attorneys and only within the limits of specialization. The SION has such attorneys in Russia. We do not involve intermediaries (Russian patent bureaus) in our work. This means that we fully control the process and protect our clients from overpayments.
We help Ukrainian citizens and other non-residents and residents of the RF to register industrial property in the Russian Federation. Our Russian representative will process the documentation for the object and will accompany it until it receives approval from the patent office. The company has been engaged in registration in various jurisdictions, including the Russian Federation, since 2011, during which time it has received many hundreds of approvals for clients.
Register a patent in Russia
Jurisdiction gives 3 options for registration. You can register protection rights for an invention, utility model and industrial design. The differences are in the evaluation criteria for the application and the time frame for which the applicant receives protection rights.
The national authority, the Federal Service for Intellectual Property (FIPS), or Rospatent, deals with patenting issues here. He accepts the documentation, examines it, conducts examinations, and makes decisions. For his work, the applicant pays fees established by the state.
The following can be patented in the Russian Federation:
- individuals (inventors, authors);
- legal entities (customers, employers);
- foreign individuals and legal entities.
In addition, the interests of the applicants can be represented by attorneys to whom the rights have been transferred.
Conditions for obtaining a patent for an individual entrepreneur
A legal or natural person can become a patent holder. The latter needs to be legalized as an individual entrepreneur (IE), otherwise they will not be registered. This applies only to the person to whom the registration is carried out, and the author can simply be an individual. Further, the terms of registration are the same for everyone.
You will need the following documents to obtain a patent for an individual entrepreneur:
- It is necessary to fill out a special application form and a receipt for payment of the fee (they are slightly different than for legal entities).
- The descriptive part is drawn up in exactly the same way as for legal entities. Contains a description, a formula with detailed elaboration of points, an abstract and (if necessary) drawings. Especially important is the formula that expresses the essence of technical innovation.
Patent legislation of Russia
It means a set of legal norms that regulate relations in terms of inventions, utility models and industrial designs: their creation, use, patenting, legal protection. RF patents and office work in relation to them are regulated by Law No. 3517-I date 23.09.1992. There are other bylaws and procedures. The law sets requirements for:
- content and execution of documentation;
- objects and subjects of patenting;
- the order of actions of Rospatent and other points.
Our specialists are well versed in the intricacies of Russian legal norms and use their knowledge in practice. They will help you register with a minimum investment of finance, effort and time. SION’s attorneys always carefully prepare for the filing of an application, promptly studying changes in legislation.
Patent search in Russia
The first and very important step before applying to RosPatent is patent search. It is conducted according to the national register of the Russian Federation and has several tasks. The first and foremost is preparation for patenting. Such research will help to analyze the patentability of the new solution. And also to make a presentation and describe the relevance of the topic, so that later it can be reflected in the text part of the application.
Other reasons why you need to do a search:
- Understand if patenting would violate the rights of other authors.
- Determine the scope of the novelty.
- Get information about people who registered similar objects.
- Identify the author or patentee of any innovation.
- Find actors who are working on the same topic.
- Identify violations of intellectual property rights.
- Check possible violations of patent rights before introducing new products to the Russian market (search for patent purity).
Do not neglect preliminary research, we strongly recommend that you search the Russian patent register. Our attorneys know how to do this professionally, they understand not only the law, but are technically savvy.
The term of the patent in Russia
The title of protection for industrial property is issued for a certain number of years. After the completion of these periods, the technical solution can be used freely. Rospatent has established the terms of validity based on international practice. And practice proceeds from the desire not to hinder technical progress. Patents in the country are valid:
- For an invention – 20 years. There is a possibility of extension for 5 years if the object is a medicine, agrochemical or pesticide. For other cases, it cannot be renewed.
- For a utility model – 10 years, there is no possibility of renewal.
- For a prototype – for 5 years. Can be renewed several times for 5 years, up to a maximum of 25 years.
The deadlines are calculated and take effect from the day the application is submitted, and not from the moment the document is received. They need to be extended annually by the systematic payment of state fees. It is not allowed to deposit all the amounts at one time, and due to late payment, the owner may lose his exclusive right. Deadlines cannot be missed.
Our patent attorneys will take care of maintaining the document in force. It is especially important to keep track of the time of payment of duties if the company has several objects of protection in its assets. If necessary, we will help to recover the missed deadlines, all processes are well established.
Patenting an invention in Russia
To patent an invention, one must successfully pass two examinations at Rospatent: formal and substantive. The first involves checking if the documentation is correct. During the second, it is checked whether the object meets the criteria for patentability. Prior to that, the Office conducts a patent information search.
There are three criteria for patentability:
- Novelty. The solution does not have to be common knowledge.
- Industrial applicability, that is, the ability to use.
- Inventive level. The development should bring progress against the background of the existing level of technical development, and be not obvious to a qualified specialist.
In the Russian Federation, a product (technical device, substance, cell culture, plant variety) and technology (method) are recognized as inventions. It will not come out to patent a discovery, the rules of the game, a computer program, the topology of integrated circuits.
The process takes 12-24 months. There is a period of appeal to Rospatent after the publication of information about the invention (in an article, at a conference), it is 6 months.
Russian patent invention cost
It will be cheaper to patent a new technical solution in Russia than in most other countries of the world. The costs will consist of two parts: state fees for legally significant actions and services of a patent attorney.
The amount of fees for patenting in the Russian Federation (standard size)
|Actions||State duty, USD|
|Registration of the application, the implementation of formal examination||50 +10 (for 1 claim over 10)|
|Examination on the merits||65 +40 (for 1 claim from 2 to 5), +75 (for each next point over 5) – general case|
175 +130 (for the 2nd paragraph of the formula and each next one) – accelerated procedure
|Issuance of a document||25|
Reduced state fees are paid if the author is a pensioner, scientist or teacher. And also if registration is made for a small business entity, a scientific organization. You can count on a 30% discount on state fees if you submit documents electronically through the Rospatent website.
We make a detailed calculation before starting cooperation. There we will write down the amount of all duties and calculate the cost of our services.
RF patents for utility models
This type of patenting implies only one examination – formal, that is, verification of documents. Therefore, it is easier to register utility models, the procedure takes less time. It will take from 8 months, according to the accelerated procedure, 3 months.
For utility models, only 2 conditions of patentability have been established:
- industrial applicability.
We help you to patent utility models and inventions. For many sites, the procedure becomes more complicated when the responsible authority begins to request additional documents and raise objections. We initially try to do so that complications do not arise.
We help you to correctly determine the object of registration and describe it in the documentation, pay fees, if necessary, we will answer objections, we will carry out other actions in the interests of the client.
Our work reduces the risk of refusals from Rospatent. To calculate the cost of patent registration, please fill out the feedback form and we will contact you or write to us by mail: firstname.lastname@example.org.