Patenting of inventions and utility models in Russia (Russian Federation)
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DOWNLOAD PRESENTATIONLegal protection of the intellectual property rights is the first and most important step for any foreign company that is planning its commercial activity on the territory of the Russian Federation. Any attempt to reproduce and distribute a product, protected by the patent shall lead not only to substantial commercial consequences for the violator, but also for counterfeit product confiscation from the economic turnover and its destruction at the expense of the person engaged in counterfeiting.
Besides the legal protection necessity of the technical device itself or the industrial technology of its production, it is required also to register a trademark, which will separate the products of the rights’ owner from the others on the market during the commercial journey on the Russian Federation territory.
The patenting of inventions and utility models in Russia grants the rights’ owner:
- To negotiate and register license agreements established for purpose of generating income;
- To officially label the products with the owner’s patent number;
- To defend its exclusive rights in Court and in the Federal Antimonopoly Service;
- To execute management of exclusive rights, to execute sales or transfers in the framework of lawful succession;
The expenses of patenting in Russia starts from 300 $/per object
The procedure of patenting of invention or utility model in Russia:
- Patent database search. Up to 14 working days. As the result of this search the customer receives a full list of registered patents related to the same area of industrial application. The primary aim of this search is the recognition of the product patenting availability, the presence of the originality and invention level in the product which is required for the successful completion of the expertise in effect. Together with the customer the closest analogue is defined on the basis of the description and it acts as the analogue-prototype of the patented product;
- Filing application to register invention in Russia. The expertise is done in two steps and takes nearly 18 months before the final decision of the Patent authority of the Russian Federation is reached. In order to obtain a favorable decision, the applicant has got to substantiate the novelty factor and the presence of the invention level;
- Filing application for the utility model patent registration in Russia.The expertise is done in one step and takes approximately 10 months the final decision by the Patent authority of the Russian Federation is reached;
- Publication of information in the State register and issue of the patent. After favorable decision has been reached and payment of the state fees has been made, the information on the new patent is introduced into the State Register of inventions (utility models) of the Russian Federation. The rights’ owner receives the patent.
- Maintenance of the patent validity.
Patent is to be maintained on a yearly basis with payment of corresponding state fees, amount depending on the year number after the day of registration. The maximal term of the patent validity:Invention – 20 years;
Utility model – 10 years.
What is requested to file application for the patent registration in the Russian Federation?
- The patented product name;
- Short description, drawings and pictures disclosing the sphere of application and the functional principle. The more detailed is the submitted information, the more exact search we can do;
- The company details to sign a contract and to issue the POA to the patent attorney;
- Information on the existing analogues with the patent numbers (if available).
The services which may be of interest to you:
- Preliminary search (trademarks, inventions, industrial design);
- Active protection of the trademark in the Federal customs service of Russian Federation (Customs register of trademarks in Russian Federation – tracking, confiscation and destruction of the counterfeiting merchandise);
- Registration of the trademark in Russia;
- Registration of the license agreements in Russia;
- Registration of sale/purchase of the trademark in Russia;
- Patenting of inventions in Russia;
- Patenting of industrial design in Russia;
- Registration of software in Russia.
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