Guide for Russian Patent Application Process

Russia Profile

Russia, also known as the Russian Federation, is located in northern Eurasia. Russia is a semi-presidential federal republic consisting of 83 oblasts. From northwest to southeast, Russia borders Norway, Finland, Estonia, Latvia, Lithuania, Poland, Belarus, Ukraine, Georgia, Azerbaijan, Kazakhstan, China, Mongolia and North Korea. Russia and Japan face each other across the Sea of Okhotsk, bordered by the Bering Strait, and adjacent to the state of Alaska in the United States. Russia is the country with the largest land area in the world, with a land area of 17,075,400 square kilometers (6,592,800 square miles), accounting for about 1/8 of the world's total land area. Russia is a member of the Eurasian Patent Convention.

Legal basis of intellectual property rights in Russia

Civil Code Part IV

International Organizations and International Agreements

Eurasian Patent Convention
TRIPS agreement
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty
Madrid Agreement on the International Registration of Marks
Patent Law Treaty
Trademark Law Treaty

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Filing Language

Russian

申请流程 Application Process Flow

发明专利申请流程 Invention

Name of Patent Office

Russian Federal Office for Intellectual Property

English: Federal Service for Intellectual Property, ROSPATENT

Website: rospatent.gov.ru

Russian invention patent search: Home (fips.ru)

Russian patent application numbers have adopted a new numbering scheme since the disintegration of the Soviet Union, namely:
- 【4-digit AD year】+【IP object type】+【5-digit year serial number】
The object type is recorded in the form of numbers 1-9:
- 1-4: Inventions and utility models
- 5-6: Appearance design
- 7-9: Trademarks, service marks and appellations of origin
- The invention patent granted announcement numbers in the former Soviet Union were sorted from No. 1 in 1924 to 1839788. The invention patent granted announcement numbers in the Russian period were rearranged from No. 2000001, and the appearance design was rearranged from No. 38001. The utility model is Arranged sequentially from number 1.

Document Requirements

Filing Language: Russian

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Russian Translation
Viability Statement of Microorganism and Russian Translation
Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Viability Statement of Microorganism and Translation thereof
Sequence Listing (PDF format and TXT format)
Deposited Receipt of Microorganism and Russian Translation
Viability Statement of Microorganism and Russian Translation
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

20 years, inventions of pharmaceuticals, agrochemicals and pesticides can enjoy a maximum patent term extension of 5 years.

Due Date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 31 months from earliest priority date.

Application Process Flow

ROSPATENT conducts formality and substantive examinations for invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should file a request for substantive examination within 3 years from the filing date of and this period can be extended for 2 months upon request. Otherwise, the application will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months subject to the payment of a late fee and proof of special circumstances. ROSPATENT allows the third parties to provide the reference documents that have a negative impact on patentability assessment. The applicant could be requested for voluntary amenment to the application once.

Novelty Grace Period

The novelty grace period is 6 months before the filing date/priority date.

Grant Average time

1-3 years

Grant and Annuity

Grant Fee: The applicant should pay the grant fee, publication fee and 1st annuity within 4 months after receiving the granted notice.
Annuity: Annuity should be paid year by year starting from the 3rd year from the filing date, the annuity can be paid within a grace period of 6 months if the annuity is overdue, and 50% of the annuity of the current year is required to be paid as a penalty.

Restoration of Priority

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

DAS

Conversion

Yes. The applicant may file the request to convert the application type from an Invention to a Utility Model before the publication, but no later than the grant decision.

实用新型申请流程 Utility Model

Name of Patent Office

Russian Federal Office for Intellectual Property

English: Federal Service for Intellectual Property, ROSPATENT

Website: rospatent.gov.ru

Russian utility patent search: Home (fips.ru)

Russian patent application numbers have adopted a new numbering scheme since the disintegration of the Soviet Union, namely:
- 【4-digit AD year】+【IP object type】+【5-digit year serial number】
The object type is recorded in the form of numbers 1-9:
- 1-4: Inventions and utility models
- 5-6: Appearance design
- 7-9: Trademarks, service marks and appellations of origin
- The invention patent granted announcement numbers in the former Soviet Union were sorted from No. 1 in 1924 to 1839788. The invention patent granted announcement numbers in the Russian period were rearranged from No. 2000001, and the appearance design was rearranged from No. 38001. The utility model is Arranged sequentially from number 1.

Document Requirements

Filing Language: Russian

via Paris Convention

via Nationalization of PCT

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Necessary documents:

Abstract
Abstract Drawing
Claim
Specification
Drawing

Attachments (if any)

Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer
Notification issued by CNIPA notify the applicant the application has passed through the security review.

Attachments (if any)

WIPO Publication
ISR/IPRP
Amendments under Art. 19/34/28/41 at the time of the national phase entry
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

13 years

Due date

via Paris Convention : 12 months from earliest priority date.
via Nationalization of PCT : 31 months from earliest priority date.

Application Process Flow

ROSPATENT conducts formality examination and substantive examination for utility models, and only one independent claim is allowed to be involved, and utility model patent applications must have novelty and industrial applicability.

Novelty Grace Period

The novelty grace period is 6 months before the filing date/priority date.

Grant and Annuity

Grant Fee: The applicant should pay the grant fee, publication fee and 1st annuity within 4 months after receiving the grant notice.
Annuity: Annuity should be paid year by year starting from the 1st year from the filing date, the annuity can be paid within a grace period of 6 months if the annuity is overdue, and 50% of the annuity of the current year is required to be paid as a penalty.

Grant Average time

4-12 months

Restoration of Priority

Yes. Patent Office accepts "due care" requests for restoration of the right of priority.

Conversion

Yes. The applicant can request to change the patent type from Utility Model to Invention before the patent is granted.

DAS

外观设计申请流程 Design

Name of Patent Office

Russian Federal Office for Intellectual Property

English: Federal Service for Intellectual Property, ROSPATENT

Website: rospatent.gov.ru

Design Patent Search in Russia: Home (fips.ru)

Russian patent application numbers have adopted a new numbering scheme since the disintegration of the Soviet Union, namely:
- 【4-digit AD year】+【IP object type】+【5-digit year serial number】
The object type is recorded in the form of numbers 1-9:
- 1-4: Inventions and utility models
- 5-6: Appearance design
- 7-9: Trademarks, service marks and appellations of origin
- The invention patent granted announcement numbers in the former Soviet Union were sorted from No. 1 in 1924 to 1839788. The invention patent granted announcement numbers in the Russian period were rearranged from No. 2000001, and the appearance design was rearranged from No. 38001. The utility model is Arranged sequentially from number 1.

Document Requirements

Filing Language: Russian

Necessary documents:

Pictures/Photos of Design (6-sided views)
A Brief Description

Attachments (if any):

Certified Priority Document
Declaration of Ownership/Certification of Employment/Assignment of Priority
Assignment for Patent Right Transfer

Term of Protection

The initial protection is 5 years, which can be renewed every 5 years, up to a maximum of 25 years.

Due Date

via Paris Convention : 6 months from earliest priority date.
via Hague System: 6 months from earliest priority date.

Application Process Flow

ROSPATENT conducts formality examination and substantive examination for the design application. The applicant should file the examination request and pay the prescribed fees together with the filing fee, and try not to submit color renderings.

Novelty Grace Period

The novelty grace period is 12 months before the filing date/priority date.

Grant and Annuity

Grant Fee: The applicant should pay the grant fee, publication fee and first annuity within 2 months after receiving the granted notice.
Annuity: Annuity should be paid year by year starting from the 3rd year from the filing date. The renewal fee should be paid within the last year of the current 5-year validity period, and the renewal fee can be paid within a grace period of 6 months if the renewal fee is overdue, and 50% of the annuity of the current year is required to be paid as a penalty.

Grant Average time

12-18 months

Conversion

DAS

Multiple Designs

Multiple variant designs may be included in one application if the designs relate to the same object and differ only in minor features, or can be identified as a set of goods and have a single design concept.

发明专利、实用新型及外观设计进入国家申请流程