What does Russian patent mean?

As a traditional civil law country, Russia's intellectual property system has its unique characteristics. Russia has been committed to compiling its own intellectual property legal system. In 2006, the Duma of the Russian Federation passed the fourth part of the Civil Code of the Russian Federation, which marked the civil code of the Russian intellectual property system. With the acceleration of global integration and the arrival of the era of knowledge economy, Russia has paid more and more attention to the laws related to intellectual property rights, especially the patent rights representing industrial property rights, which have been widely concerned in Russia.

Russian patents protect three types: invention patents, utility model patents and industrial design patents, which are similar to China patents. In terms of the duration of protection, Russian patents are similar to those of China. The time limit for invention patents is 20 years from the date of filing, but medicines, pesticides and pesticide patents can be extended for up to 5 years. The time limit for utility model patents is 10 year from the date of filing, and the time limit for design patents is 5 years from the date of filing. You can apply for an extension, and the maximum protection period is 25 years.

On February 28th, 20 18, The Hague Agreement came into effect in Russia. International industrial design registration with Russia as the effective country will enjoy the same protection period as domestic industrial design registration in Russia, that is, five years, which can be renewed once every five years, with a maximum of 25 years.

Among them, the above-mentioned patent protection period is calculated from the date of filing the application. Invention patents and industrial designs need to meet the requirements of novelty, creativity and industrial applicability, while utility models have no creative requirements.

Russia is a member of Paris Convention, PCT (Patent Cooperation Treaty) and EAPO (Eurasian Patent Organization), which enables applicants to apply for patents from Russia through various channels. Russian invention patents can be obtained through Russian national application and Eurasian patent organization application. The cost of applying through the Eurasian Patent Organization is higher than that of applying through a single country, because once the Eurasian Patent Organization is authorized, it can be recognized in all its member countries. In addition, the time to apply for authorization through the Eurasian Patent Organization is 6 to 18 months shorter than that through the Russian Trademark Patent Office. It should be noted that there are no types of utility model patents in Eurasian patents, so if you want to apply for utility model patents, you can't pass Eurasian patents.

Russian invention patents shall be published in the patent gazette after 18 months from the patent application date or priority date. Within 48 months from the date of filing or the priority date, the applicant or other person may make a request for substantive examination of the patent application. The Patent Office will examine the patent application according to the actual serial number of the request. If the patent application meets all the requirements, it will be granted a patent right and published in the patent gazette. After the patent is granted, anyone can raise an objection within 1 year from the date of publication of the patent authorization. The formal examination of utility model is equivalent to the actual examination.

In Russia, the first notice of examination opinions will be on the date of filing the actual examination request or the date of publication of the patent application, whichever is earlier.