International Patent Office "Avtorstvo"

Marksa prospect, 57, office 16, Novosibirsk, RUSSIA
Tel.: +7 (383)354-14-88, +7-906-907-32-77-russian,
+7-905-934-95-28-english
info@avtorstvo.info, patent-nsk@yandex.ru

FILING AND ACQUISITION OF PATENT IN RUSSIA

1. INVENTION

 

Lifetime of Patent for an invention in the Russian Federation – 20 years under date of filing to patent office of Rospatent or under date of filing of international application with an indication of Russia. In process of filing convention priority can be fixed according to Paris convention.

Patent for an invention can be obtained for: device; method; material; stain of microorganism; cell culture of plants and animals; exploitation of known device, method, material, stain with new object matter.

Application for invention should refer to one invention or group of inventions, interconnected so much that they form same inventive conception (claim of unity of invention).

 

In Russia following subjects cannot be objects of patent law:

1) method of human cloning and his clone;

2) method of modification of genetic cell integrity of human germ line;

3) use of human embryo for industrial and commercial purposes;

4) results of intellectual activity, if they conflict with public interests, principles of humanity and morality.

 

 In Russia following subjects are not inventions:

1) discoveries;

2) scientific theories and mathematical methods;

3) decisions, regarding only the appearance of products, and directing only on satisfaction of esthetic needs;

4) rules and methods of games, intellectual and economic activity;

5) computer programs;

6) decisions, consisting only of reporting of information.

 

 Legal protection is not available as of invention:

1) plant varieties, breeds of animals and biologic methods of getting them, in other words, methods which completely consist of crossing and selection, excepting microbiologic methods and products realized with such method;

 2) topographies of integral circuits.

 

Payment of annual fees for granted Patent for invention starts from the third year. In case of regular term of payment is missed, it can be renewed within three years.

Normal period from filing to acquisition of patent is 24-30 months.

Application for invention can be transformed into application for useful model or application for industrial design.

Application is prepared and filed to patent office of Rospatent in Russian. Application can be filed in another language with supplement of Russian translation.

For filing for invention it is necessary to afford (translation into Russian can be done in our Company):  

- information about authors of invention (name, surname and patronymic of inventors, address);

- information about an applicant (name of the company or full name of the individual, address);

- description and formula of invention, drawings (if it is necessary) and abridgement;

- power of attorney (legalization is not necessary).

If it is necessary to fix convention priority, you should also afford certified copy of the original application, whereby convention priority is being fixed.

If there is an entry of international application to the national phase, it is necessary to afford copy of PCT application or its official publication. In the presence of report of international search and/or examination of international application, copy is afforded.

 

2. USEFUL MODEL

Lifetime of Patent for useful model in the Russian Federation – 10 years under date of priority.

Patent for useful model can be obtained only for device (apparatus, machine, instruments or their part).

Application for useful model should be referred to one useful model. 

Payment of annual fees for granted Patent for useful model starts from the first year. In case of regular term of payment is missed, it can be renewed within three years.

Normal period from filing to acquisition of patent is 9-18 months.

Application for useful model can be transformed into application for invention or application for industrial design.

Application is prepared and filed to patent office of Rospatent in Russian. Application can be filed in another language with supplement of Russian translation.

 

For filing for useful model it is necessary to afford (translation into Russian can be done in our Company):

- information about authors (name, surname and patronymic, address);

- information about an applicant (name of the company or full name of the individual, address);

- description of useful model, formula, drawings, abridgement;

- power of attorney (legalization is not necessary).

 

3. INDUSTRIAL DESIGN

Lifetime of Patent for industrial design in the Russian Federation – 5 years under date of filing to patent office of Rospatent. The term can be extended several times, but totally not more than 25 years.

Decision, which is conditioned only by technical product function cannot be considered as industrial design.

Application for industrial design should refer to one industrial design or group of industrial designs, interconnected so much that they form same creative conception (claim of unity of industrial design).

Normal period from filing to acquisition of patent is 12-18 months.

Application is prepared and filed to patent office of Rospatent in Russian. Application can be filed in another language with supplement of Russian translation.

For filing for industrial design it is necessary to afford (translation into Russian can be done in our Company):

- information about authors (name, surname and patronymic, address);

- information about an applicant (name of the company or full name of the individual, address);

- description of industrial design and its photographs (and if it is necessary - drawings);

- power of attorney (legalization is not necessary).

 

Photographs (and/or drawings) can be coloured and, as a rule, have following views: general view, front view, back view, side view, top view, bottom view.