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COUNTRY : RUSSIAN FEDRATION
CAPITAL : MOSCOW
LANGUAGE : RUSSIAN
The Russian Patent office is known as the Rospatent.
INTERNATIONAL TREATIES TO WHICH RUSSIA IS SIGNATORY
(i) Paris Convention for the protection of Industrial Property
(ii) Patent Co-operation Treaty “PCT”.
(iii) Agreement on Trade Related Aspects of Intellectual Property Rights “TRIPS”.
(iv) Eurasian Patent Convention.
PATENT LEGISLATION IN RUSSIA:
IP LAW OF RUSSIA
The Russian legal system follows the Civil Law model.
Patents in Russia are governed by Russian Patent Law 2008.
Patents in Russia can be granted by:
- The Russian Patents Office – ROSPATENT
- The Eurasian Patents Office – EAPO
BASICS REGARDING PATENTABILITY OF INVENTIONS IN RUSSIA:
Inventions may relate to products, processes or industrial applications. Patents are therefore granted to inventions that:
- Are New or Novel
- Involve an inventive step
- Comprise of a process or an Industrial application of the invention.
For an Invention to be patentable, it should contain the following:
(i). Novelty: An invention is considered new or novel if it is not included in the state of the art. State of the art consists of all the information available and accessible to the public prior to the date of filing for the patent application nationally or internationally by means of its description, use or any other method by which it may be known or utilised by experts in the field.
(ii). Inventive Step: is, given the prevailing state of the art, it is not obvious to an expert in that field. An invention is considered “obvious” when it is within the grasp of a skilled person in that field of expertise & therefore to be expected from him.
(iii). Industrial Application: of the invention would be “when the object of the invention may be produced, manufactured or used in any kind of industry including agriculture”.
INVENTIONS NOT PATENTABLE IN RUSSIA:
Inventions pertaining to the following:
(i) Discoveries, Scientific Theories & Mathematical methods.
(ii) Aesthetic creations.
(iii) Substances already existing in nature and nuclear materials.
(v) Schemes, Rules, Methods for performing mental acts, playing games, doing business as well as Presentation of Information.
(vi) Programmes for Computers.
(vii) Inventions contrary to public order & morals.
(viii) Methods of treatment by surgery or therapy on humans and animals. (ix) Prejudicial to the Interest or Security of the Nation.
PartityPatents Law Firms through its associates in Russia is at hand to help you with patent registration and prosecution.
FILING REQUIREMENTS OF PATENTS IN RUSSIA:
(i). A formal request for the grant of a patent of invention.
(ii). The name and address or head office of the applicant or his representative .
(iii). Short adequate Title of the Invention to be patented.
(iv). Summary of the invention and Priority data if any.
(v). Description of the invention along with drawings if any.
(vi). Claims along with Abstract.
(vii). Drawings necessary to understand the invention.
(IX). Priority Data if any.
EXAMINATION OF THE PATENT APPLICATION IN RUSSIA:
- Once the application is filed, the application is scrutinised for defense & security aspects.
- The invention patentability.
- The patent application unitary aspects.
- The correctness of priority claimed.
- The invention compliance with patentability conditions.
- Formality & Substantial requisites.
RIGHTS OF THE PATENTEE IN RUSSIA:
KINDS OF PATENTS GRANTED IN RUSSIA:
(i) Patents with a term of 20 yrs.
(ii) Utility Models with a term of 10 yrs.
- Patents confer to its holders or his successors an exclusive right to work the invention.
- Patentee may authorise such uses of the patent through a contractual agreement with interested parties as to import, rent out, deliver or sell the product patent .
- He may authorise the working of the patent either by a manufacturer or by an importer.
- Patentee may even assign, lease or licence the patent.
- He is entitled to take legal action against infringers.
- He is entitled to retain moral right over the invention as “the author of the invention”.
- The patent can be pledged for which it has to be registered in the patent register to become effective.
COMPULSORY LICENCES OF PATENTS IN RUSSIA:
Compulsory licenses may be granted by a court decision where the patentee, after expiry of 4 years from the grant of the patent right with respect to a patent or 3 years from the grant of the patent right.
- has not sufficiently exploited the patent without any good reason;
- if the patent owner refuses to conclude a license contract on the terms meeting the prevailing practise.
- The patentee insufficiently exploits the patent.
- if the patentee fails to meet the domestic demand of relevant goods, works or services.
- Furthermore, compulsory licenses are granted by court decisions for inventions representing an important technical achievement and having significant economic advantages over the invention or for the exploitation of dependent patents.
ParityPatents along with specialised Patent Lawyers and Patent Attorneys in Russia, can assist you comprehensively with Compulsory Licence matters.