PCT NATIONAL PHASE ENTRY
Russia

Russia Map

Russia had around 140 million people as of 2013. In 2012, it possessed the eighth-largest economy globally and played a significant role in industries as part of BRICs, which is the acronym denoting the emerging national economies of Brazil, Russia, India, China, and South Africa. The intellectual property system in Russia was established in 1992, following the dissolution of the former Soviet Union. The Soviet Union became a member of the PCT on March 29, 1978, and Russia, as the successor state, continued its membership starting from December 25, 1991. Since then, it has been feasible to designate Russia in international patent applications submitted through the PCT route.

 

The major requirements and procedure to file a patent application in following jurisdiction are mentioned below: 

DEADLINE TO FILE PATENT APPLICATION

The designated period for submitting a patent application in Russia under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

LANGUAGE TO FILE NATIONAL PHASE APPLICATION

In this following country, the official language for filing patent application is Russian. If the international application is in a different official language, providing a translation into Russian is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

EXTENSION FOR LATE ENTRY INTO NATIONAL PHASE

If the deadline for entering the national phase is missed, it can be restored within 12 months, given that the failure to meet the deadline happened despite taking proper care. Restoration is possible by paying the official fee for this purpose. Translation into Russian within two months of entering the Eurasian PCT regional phase is required. An extension of two additional months is possible upon payment of the corresponding official fee.

REQUIREMENTS FOR FILING PATENT APPLICATION

The necessary documents needed when filing a national phase application are:

  • Power of Attorney: Individuals residing beyond the borders of the Russian Federation are obliged to enlist the services of patent agents who are officially registered to practice exclusively with the Office.
  • Verified Russian Translation

COST EXEMPTION AVAILABLITY FOR NATIONAL PHASE FILING

The Federal Service for Intellectual Property or other International Searching Authorities may reduce the examination fee by 50% or 10%, respectively, when the international search report is available. If an open license notice is filed, annual fees will be reduced by 50%, starting from the year following the notice publication. A 30% reduction in the filing fee, examination fee, and reinstatement fee is applicable for online submissions of the application and required documents.

REQUEST FOR EXAMINATION

A patent is exclusively granted following a meticulous examination of its patentability, a process initiated either by the applicant or a third party. The request for examination, without a specific form, must be made within three years from the international filing date.To initiate a patent examination, you must submit a request before the three-year mark from the international filing date elapses.The effectiveness of the examination request is determined by the payment of the requisite examination fee. In cases of an expired time limit for examination requests, restoration can be sought within 12 months by paying a reinstatement fee along with a statement justifying the delay.

PATENT PROSECUTION HIGHWAY

The applicant has the option to expedite the examination process under PCT-PPH by submitting pertinent documents to the Russian Patent Office. This request is grounded in the PCT international work products received from the Office of the Earlier Examination.

This expedited process enhances efficiency and expedites the examination and approval of patents.Several agreements have been made between patent offices to encourage collaboration. These agreements allow patent applicants to ask for quicker processing in the national phase. This means that patent examiners can use work done by other participating offices. The work products may include:

  • The written opinion from the International Searching Authority,
  • The written opinion from the International Preliminary Examining Authority, or
  • The international preliminary examination report under the PCT, given certain conditions are met

The PCT-PPH agreements involve the Federal Service for Intellectual Property (Rospatent) in the Russian Federation.

China (CN): China National Intellectual Property Administration 

Europe (EP): European Patent Office 

RENEWAL FEE

Following the grant of a patent, mandatory annual fees are required to maintain its validity. These fees commence from the third year for patents and the first year for utility models, starting from the international filing date. The initial payment deadline is specified in the Summary. Subsequently, annual fees become due each year on the anniversary of the international filing date. In the event of a delay, payment remains permissible within six months from the expiration of the designated timeframe, albeit subject to a 50% surcharge for late remittance.

PATENT TERM

The patent term for protection patents in Russia is 20 years. 

A Russian patent for drugs, pesticides, or agricultural chemicals can be extended for up to five more years. If the patent holder asks, they can get this extension based on the first approval for selling the product.

INNOVATION INDEX

Russia holds the 47th position among the 132 featured economies in the Global Innovation Index (GII) for the year 2022. Notably, within the upper-middle-income group, the country secures the 7th position out of the 36 economies. Furthermore, in the European context, this region is positioned at the 30th spot among the 39 economies assessed in the GII.

KEY FACTORS

This nation currently holds the 14th position globally in terms of total patent applications, with a noteworthy 23rd ranking for applications filed abroad. Additionally, it secures the 24th global standing for PCT National Phase Entries. Remarkably, in the world economic ranking, this nation is positioned at an impressive 8th place.

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