Instruction for Patent Registration in Russia

Currently, the situation of data on patent applications in Russia is quite active. In Russia there are many areas where patents can be registered, such as information and communication technology, energy, agriculture, medical issues and pharmaceuticals. In terms of information and communication technology, along with the great development of artificial intelligence (AI), machine learning, big data, cybersecurity, blockchain technology and mobile applications. Therefore, Russia is investing heavily in AI research and development, with the goal of becoming one of the leading countries in this technology, so many related patents may be registered. Russia is one of the world’s largest producers and exporters of energy and resources. Patents in this area focus on more efficient oil and gas extraction and production technologies, renewable energy (wind, solar, hydropower), nuclear energy, and energy storage technologies. Related patents can also be developed to maximize this advantage. Russia is also one of the major exporters of agricultural products in the world. Patents in this field focus on precision agriculture technology, high-yielding plant and livestock varieties, agricultural product preservation and processing technologies, and sustainable agricultural technology. Russia has always attached importance to the development of military and defense technologies. Patents in this area focus on weapons, advanced military equipment, radar and sensor technology, aerospace technology, and cybersecurity technology. There are many enterprises expanding their business scope and wishing to register patents in Russia, Viet An Law would like to guide customers through the article below.

Legal basis

• Federal Law No. 316-FZ of December 30, 2008 on Patent Attorneys (amended to Federal Law No. 268-FZ of July 31, 2020)

Definition of patent in Russia

According to the regulation of intellectual property in Russia, a patent is an exclusive right granted by the government to an inventor or assignee for a certain period of time in exchange for publicizing their patent. A patent grants the owner the right to prevent others from making, using, selling, or importing a patented patent without the applicant’s permission.

Types of patents in Russia

• Patent Patents: Granted to new technical solutions in any field of technology that are new, innovative and industry-applicable. The patent patent is valid for 20 years from the date of filing of the patent application.
• Industrial Design Patents: Granted for new technical solutions and subject to industrial application related to devices. Industrial design patents have a shorter protection period of 10 years from the date of filing and often the procedure is easier and quicker to patent than patent patents.
• Design Patents: Granted for new and original industrial designs. A styling patent protects the appearance of a product and is valid for 5 years from the date of filing and is renewable for up to 25 years.

Conditions for patent registration in Russia

• Novelty: The patent must not be part of a previous technical status, which means that it has not been publicly published anywhere in the world prior to the date of filing of the patent application.
• Creative step: The patent is not obvious to someone with expertise in the field, which means it must involve an innovative step that is not easily inferred from a previous technical state.
• Industrial applicability: The patent must be capable of being created or used in any type of industry.

Patent lookup in Russia

To be able to look up patents in Russia, users can refer to the following ways:

Rospatent System

This is the official database of the Federal Intellectual Property Office (Rospatent), the patent office of Russia. This system allows users to search for patents, utility models, and industrial designs through various criteria such as patent number, title, inventor, applicant, and publication date. Users can access the link below:

https://rospatent.gov.ru/en/products_services/search_system

FIPS database

The Federal Institute of Industrial Property (FIPS), the organization responsible for issuing and disseminating official publications of Rospatent, has developed a website that provides various databases for patents, industrial designs, trademarks and other intellectual property rights. Users can access the link below:

https://new.fips.ru/en/informational-resources/information-retrieval-system/databases.php

Wipo Inspire

Users can also search for patents by keyword, patent number or inventor, applicant or other criteria through the website of the World Intellectual Property Organization Wipo Inspire via the link below:

https://inspire.wipo.int/russian-patent-base

EPO Espacanet

The European Patent Office (EPO) also provides databases of Russian patents through its Espacenet platform. Users can search for patents by keyword, patent number, inventor, applicant, and other criteria. Users can access via the link below:

https://worldwide.espacenet.com

Patent registration dossier in Russia

• Patent application: This form includes information such as the name of the patent, the name and address of the inventor(s) and applicant(s), and the date of filing.
• Description: This is a detailed description of the applicant’s patent, including its context, technical field, the problems it solves, and how it works. The applicant must provide sufficient detail so that a person with expertise in the field can understand and reproduce the patent. Information usually consists of the following sections:
  • Name of patent
  • Technical field
  • Background art
  • Patent summary
  • A brief description of the drawings (if any)
  • Detailed description of the patent
  • Industrial applicability
• Claims: This is a numbered list of claims to determine the scope of protection for one’s patent. Protection claims are the most important part of a patent application, as they define the scope of the applicant’s exclusive rights.
• Drawings (if any): If the applicant’s patent can be illustrated, drawings should be provided to help clarify the description.
• Summary: A brief summary of the patent, usually about 150 words or less.
• Priority Document (if applicable): If the applicant has filed a patent application for the same patent in another country within the last 12 months, the applicant can claim priority rights.
• Power of attorney (if applicable): If the applicant files through a patent representative, it is necessary to provide a power of attorney to them on behalf of the applicant.
• Other documents (if applicable): Depending on the case of the applicant, the applicant may need to submit other documents, such as a transfer agreement if the applicant is not the inventor, or a statement of copyright.

Patent registration in Russia through the PCT system

What is a PCT system?

The PCT system stands for  Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by  the World Intellectual Property Organization (WIPO) and has more than 150 countries involved, including Russia.

Benefits of PCT system:

• Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
• Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
• Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
• Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
• Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
• Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.

Patent application through PCT system

To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:

• PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
• Description of patent: The description of the patent should present details and clarity about the patent, including:
  • Patent Name Technical field
  • Patent summary
  • Detailed explanation of the patent
  • Drawings (if any)
  • Claims for protection
• Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
• Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
• Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.

Additional documents (may require):

• Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
• Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
• Application fee: The applicant needs to pay the PCT application fee to the International Reception Bureau (IB).

If you need to apply for patent registration in Russia, please contact Viet An Law Firm for the most effective support.