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Russian PCT national phase entry
- Patent fees
Fees associated with Russian PCT national phase entry as well as other patent fees are available in the fee calculator.
- Deadline for PCT national phase entry in Russia
The deadline for entering the Russian national phase of a PCT application is 31 months from the priority date. This term may be restored within 12 months from the missed deadline provided that the failure to meet the deadline occurred in spite of due care and the official fee for restoration was paid.
- Filing requirements in Russia
The official language for proceedings before the Russian Patent Office is Russian. International patent application may be filed with the Russian Patent Office in the language of origin; however, the Russian translation must be provided within three months from the date of receipt of the corresponding Office Action.
For entering the national phase of a PCT application in Russia, it is necessary to provide the Russian Patent Office with:
- a request to grant a patent;
- a copy of the international application.
Notarization of the Power of Attorney is not required. Usually a scanned copy of the POA is sufficient for filing to the Patent Office. The original of the POA is not an obligatory requirement unless it is requested by the Patent Office.
- Examination of a PCT national phase patent application in Russia
The request to conduct substantive examination should be filed either on entering the national phase or within three years from the international filing date.
- Novelty grace period
If the information about the invention was disclosed by the author, applicant or a third party, that directly or indirectly obtained said information from them, within six months before the international filing date, such disclosure does not disprove the novelty of the invention according to the Russian legislation.
- Grant, validity term and maintenance fees
The official fees for grant and registration as well as the first annual maintenance fees starting from the third year should be paid within two months from issuance of the decision to grant a patent. Subsequent annual maintenance fees are paid in advance before the anniversary of the international filing date. Late payment is possible within 6 months after the due date provided that a 50% surcharge is paid.
- Duration of registration procedure
It takes an average of 2-4 years from entering the national phase up to grant of a patent in Russia.
- Utility Model
In Russia, it is possible to enter the national phase of a PCT application as a utility model. Utility model patents are granted based on the results of formal and substantive examination. Validity term of a utility model is 10 years from the filing date. Average time from filing up to grant of a utility model patent in Russia is 2 years.
- Representation by a patent attorney
For foreign patent applicants, it is necessary to perform PCT national phase entry through an agent, a registered Russian patent attorney.
- Notes
1. Online Search Databases: Russian Patents and Utility Models, Eurasian patents (EAPO)
2. PCT application also may be nationalized in Russia via entering the Eurasian regional phase.
Brief summary is based on the information provided by Mikhailyuk, Sorokolat & Partners on 11.03.2021
Please contact us if the above information is not in conformity with Russian IP Laws
