The Russian Federation joined the Patent Cooperation Treaty in the 1970s (as USSR) and provides the possibility of unified entering for foreign patent applications into the national phase.

PCT national phase deadline in Russia is 31 months from the priority date.

Russia grants patents both for inventions and utility models.

It should be noted, that Russia is a member-state of the Eurasian Patent Organization (EAPO). And if an applicant intends to commercialize its invention in the territory of Russia and one or two more EAPO member states, it could be more efficient to enter into the national phase through the mechanism of the Eurasian Patent. Still, nowadays EAPO provides a possibility to protect only patents for inventions.

Only Russian patent attorneys are entitled to file patent applications in the name of non-resident applicants.

POA is needed for filing a patent application (scanned copy is sufficient for filing). In some cases, the Federal Institute of the Industrial Property (Rospatent) requests to provide the original copy of POA. But as general, simply signed Scanned copy of the POA is sufficient for the national Patent Office.

Duration of patent registration procedure

Procedure contains 3 stages: formal examination, substantive examination, patent issuing. Formal examination lasts 2-4 months, substantive examination – 12-15 months, and in case of successful passing those stages, the patent is issued within 2-3 months.

File request for an extra-fast substantive examination procedure is possible, but additional expenses occur.

Within a month after entry into the national phase, the applicant has the right to amend any element of the application, without paying any fees. The amendments cannot modify the subject matter of the claimed invention or utility model beyond the original disclosure.

A month later new claims may be added to the patent application only when specifically required by the examiner and after payment of additional fees.

All amendments might be made prior to the final decision whether to grant a patent.

General application requirements

The application should be only in the Russian language.

General requirements of drafting applications:

– The application must use standardized terms and abbreviations used in the scientific and technical literature, or generally accepted terms and concepts disclosed in explanatory, encyclopedic, and other dictionaries. It is not allowed to use slang expressions, terms and concepts related to unscientific. When using terms and notations that are not widely used in the scientific and technical literature, their meaning has to be explained in the text of the application at first use. All legends must be decrypted.

– In the description of the invention and in the claims, the unity of terminology must be observed, meaning that, the same features of the invention in the description of the invention and in the claims should be named the same. The uniformity of terminology should also be respected as to indicating the sizes of physical quantities and the conventions used.

– Physical quantities are preferably expressed in units of the current International System of Units adopted by the General Conference on Weights and Measures and recommended for use by the International Organization of Legal Metrology.

– The title of the invention and the description of the invention may contain Latin characters and Arabic numerals. The use of symbols of other alphabets and special characters in the title of the invention is not allowed.

– The application must be prepared in such a way that it can be reproduced in an unlimited number of readable copies using standard means of copying or scanning.

– The sheets of the application document must have a format of 210 x 297 mm. The minimum size of the fields on the sheets containing the description of the invention, the claims and the abstract should be: top – 20 mm, bottom – 20 mm, right – 20 mm, left – 25 mm. On sheets containing drawings, the size of the used area should not exceed 262 x 170 mm. The minimum margin size should be: top – 25 mm, bottom – 10 mm, right – 15 mm, left – 25 mm.

– The format of photographs shall not exceed the sizes of the sheets of application documents specified. Small-format photographs are submitted pasted onto sheets of paper in compliance with requirements for the format and quality of the sheet.

– The texts of the description of the invention, claims and abstract should be printed at 1.5 intervals with a height of capital letters of at least 2.1 mm (without separation into columns).

– Graphic symbols, Latin names, Latin and Greek letters, mathematical and chemical formulas or symbols can be written in black ink, paste or ink. The mixed way of writing of formulas in print and by hand is not allowed.

– In the description of the invention, in the claims, and in the abstract when writing mathematical formulas, all the letters used in the mathematical formulas are deciphered in the order of their use in the mathematical formula, and explanations of the mathematical formulas are written in a column with the statement after each semicolon line.- Text files must be saved in RTF, DOC format, and black and white images should be presented in TIFF format using the GROUP-4 compression method at 300 DPI. Images containing shades of gray should be presented in TIFF format using the LZW compression method or in JPEG format with a color depth of 8 bits and a resolution of 300 DPI. Color images should be presented in TIFF format using the LZW compression method or in JPEG format with a color depth of 24 bits, a minimum resolution of 300 DPI and a maximum of 600 DPI. Compression algorithms should be used without loss of quality.

– The file size with the image should not exceed 6 MB. The recommended image file size is not more than 1 MB.

The application cannot contain:

  1. expressions, drawings, sketches, photographs and other materials contrary to the public interest, the principles of humanity and morality, which include, for example, obscene, slang or cynical words, expressions or images that may have such a meaning;
  2. statements or information that is clearly not related to the invention, or which are not necessary to recognize the application as complying with the requirements for the application documents.

Official fees

Fees for entry into the national phase under PCT procedure in Russia excluding professional fees of patent attorneys (in case of electronic filing):

Name of service

Official fee, USD*

Invention

Filing application

– for each independent claim above 10

35

7

Substantive examination

– for one independent claim

– for each independent claim above one

 

133

98

Registration 45

Utility model

Filing application

– for each independent claim above 10

15

7

Substantive examination 27
Registration 45

*Approximately, depends on the exchange rate of the Russian ruble

Registration fees must be paid within four months after the decision to grant the patent issued.

If the applicant misses this deadline, there are extra six months term from the date of the expired time limit, but the fee is increased by 50%.

Maintaining the patent

Annual fees for maintaining should be paid for the third and each subsequent year following the international filing date for patents and for the first and each subsequent year for utility models.

In case of the late payment, within six months from the date of the expiration of the time limit, there are 50% surcharge established.

Even after missing 6-months deadline for late payment, the reinstatement of rights is possible within three years from the date of time limit expiration. The patent owner must provide written request for the reinstatement of rights and pays the reinstatement fee. This fee is 2.5 times greater than the amount of the annual fee for the year of the submission of the request.

Fees for maintaining the patent in Russia excluding professional fees of patent attorneys (in case of electronic filing):

Year

Official fee, USD*

Invention

3rd-4th 18
5th-6th 27
7th-8th 35
9th-10th 52
11th-12th 77
13th-14th 104
15th-18th 129
19th-20th 172
21th-25th 255

Utility model

1st-2nd 8
3rd-4th 18
5th-6th 27
7th-8th 35
9th-10th 52

*Approximately, depends on the exchange rate of the Russian ruble

If you have any additional questions as to PCT procedure in the national phase in Russia, please contact us info@craneip.com