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Patents in Russia

Patents in Russia. Vladimir Biriulin, Partner Gorodissky and Partners Law Firm, Moscow, Russia. Types of Patents. Inventions - 20 years + up to 5 for chem. Utility models – 10 years + up to 3 years Designs – 15 years + up to 10 years. Invention V.

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Patents in Russia

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  1. Patents in Russia Vladimir Biriulin, Partner Gorodissky and Partners Law Firm, Moscow, Russia

  2. Types of Patents • Inventions - 20 years + up to 5 for chem. • Utility models – 10 years + up to 3 years • Designs – 15 years + up to 10 years

  3. Invention V. Product (apparatus, substance, microorganism, cell culture etc.) Process (actions on material objects by material means) Use of a product or process on a new or known purpose Utility model Protectable subject-matters Apparatus Non-protectable Use of an apparatus for a new or known purpose

  4. Non-Protectable Subject Matters • Discoveries, scientific theories and mathematical methods • Aesthetic creations relating to external appearance of articles - NB • Rules and methods of games, intellectual or business methods • Computer programs and algorithms - NB • Presentation of information • Animal breeds and plant varieties - NB • Topographies of integrated circuits - NB • Projects and schemes of constructions, buildings and area layouts • Solutions contrary to public interests, humanistic principles and morality

  5. Minimal Invention Filing Requirements EA RU The filing date shall be assigned to a patent application containing: 1) cover page with information on inventors, assignee(s) etc. 2) specification of invention • claims 3) necessary drawings and other materials • abstract Can be submitted later

  6. UM Criteria For Utility Models Not conducted Formal Examination Patentability Examination Patent Grant Under special request Search for State of Art

  7. Which way to file?National Russian or Eurasian? • Which way to select: • Filing Russian Patent Application? • Filing Russian UM, Design Application? • Filing Eurasian Patent Application? • Filing Russian Patent (Utility Model) Application(s) and Eurasian Patent Application? RU EA & EA RU

  8. Eurasian Patent • One application • One unitary patent in 9 countries • Combined annuities • License and cancellation in individual countries • 9 Members: Russia, Kazakhstan, Belarus, Turkmenistan, Tadzhikistan, Kyrghyzstan, Armenia, Azerbaidzhan, Moldova • Same force as Russian national patent

  9. Considered When Selecting • Geographic Coverage • Scope of Protection Available • Duration of Patent Rights • Patent Obtaining Costs • Patent Obtaining Time • Legislative and Procedural Advantages = EA RU

  10. Costs and Time Hypothetic Application 5112 USD EA t 8-10 months RU 1380 USD t 14-16 months Expenses and time to grant (approximately, only Official Fees)

  11. Transformation of Eurasian Application EA • Rejected Eurasian patent application can be transformed into Russian patent application • within 6 months after the applicant received Decision on Refusal of Patent Grant or • within6 months from the date on which the applicant received Notification on Dismissing Appeal against Refusal of Patent Grant • Russian application in which the Eurasianapplication is transformed, receives the same filing and priority dates as of the Eurasian

  12. When UM recommendable Use Utility Model protection - when fast obtaining of rights for apparatus is necessary (four months to grant) - criteria of patentability are different for Invention and Utility Model

  13. Conditions of Patentability Not Examined RU EA RU

  14. Variants of Transformation RU ApplicationforInvention ApplicationforUtility Model

  15. Examination of Inventions RU • Deferred type • Request shall be filed within three years for the application filing date* • by applicant • by any interested party • This three-year term can be extended for 2 months according to a petition filed by the applicant • If no request is filed the application is considered withdrawn (can be reinstated under certain circumstances) _______ * - from international filing date for PCT applications

  16. Grace period RU EA Vs. Substantial difference • Under the Russian Patent Law grace period is calculated back from the RU application filing date • Under Eurasian Patent Regulations grace period is calculated back from EA application filing or priority date

  17. Thank you for attention! V.Biriulin biriulinV@gorodissky.ru

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