What is an invention?
An invention can be defined as a result of intellectual activity of a person in any area of technology, i.e. object of which can be a product, process or any new applicability of earlier existed product or process. An invention shall bear the following requirements:
– inventive step,
– industrial applicability.
What cannot be protected?
The patent cannot be granted for the inventions that contradict public order and principals of humanity and morality.
– Discoveries, as well as scientific theories and mathematical methods;
– Decisions concerning only the appearance of products and aimed at satisfying aesthetic needs;
– Rules and methods of games, intellectual or economic activities;
– programs for electronic computers;
– Decisions consisting only in the presentation of information;
– Plant varieties, animal breeds and biological methods for their preparation, except of microbiological methods and products obtained by such methods;
– Topologies of integrated circuits.
Procedure for obtaining a patent in Russia
1. Before applying for a patent, the patent search shall be conducted to check if the applied object satisfies the requirements provided by law and to determine the existence of similar objects.
2. Upon sufficient results of the patent search, the application can be drafted and filed.
The following information is required for application filing:
– Name, surname, address of the applier of the object (if the author and the applier is not the same person, name, surname, address of the author);
– Description of the invention (and schemes if they were addressed in the description);
– The formula of the invention;
– Power of Attorney (signed and sealed)/
3. After the submission of the application, the formal examination is conducted by the Russian Patent Office within 2-4 months. The formal examination is meant to check if the application meets formal requirements. Upon the successful result of the examination, the decision as to the substantive examination is issued.
4. Substantive examination is conducted after the request of the applicant and payment of the official fee. Substantive examination is conducted within 12-15 months. This step of examination is required to check if the invention meets the patentability requirements.
5. After the positive decision of the Office and the payment of the official fee, the patent is issued within 2-3 months.
Term of protection
The application fee is paid with the application or within 2 months after the submission of the application.
The substantive examination fee is paid with the application fee.
Fees for issuance of the patent is paid within 2 months.
The annual fee is required to maintain a patent in force.