PATENT LAW OF THE RUSSIAN FEDERATION
The patent law in Russia is governed by 'Patent Law of the Russian Federation of September 23, 1992, # 3517-I'
CONDITIONS OF PATENTABILITY
A technical solution in any area, relating to a product or process (process of affecting a material object using material means) shall be protected as an invention.
An invention shall be granted legal protection if it is
- involves an inventive step and
- is industrially applicable.
An invention shall be deemed new if it is not anticipated by prior art. An invention shall involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art.
An invention shall be deemed industrially applicable if it can be used in industry, agriculture, public health and other sectors of the economy.
The following shall not be recognized as patentable inventions under the present Law:
- discoveries, as well as scientific theories and mathematical methods;
- proposals concerning solely the outward appearance of manufactured articles and intended to satisfy aesthetic requirements;
- rules and methods of games, intellectual or business activities;
- computer software;
proposals on presentation of information.
The following shall not be deemed patentable under the present Law:
- plant varieties and animal breeds;
- topographies of integrated circuits;
proposals that are contrary to public interest, humanitarian principles or morality.
RIGHTS AND OBLIGATIONS OF THE PATENT OWNER
The patent owner shall have an exclusive right to the invention. No one shall have the right to use a patented invention without permission from the patent owner, nor to do the following, except for cases, when such actions, under the present Law, do not violate the exclusive right of the patent owner:
- import into the Russian Federation, manufacturing, exploitation, offer for sale, sale, other introduction into civil circulation or storage for such purposes of products that incorporate a patented invention;
- performance of acts, listed in subparagraph two hereunder, in respect to a product obtained directly derived by a patented process. Given that, if the product obtained by the patented process, is new, an identical product shall be considered as derived from the patented process in the absence of proof of the contrary;
- performance of acts, stated in subparagraph two hereunder, in respect to a device, the functioning (exploitation) of which in accordance with its purpose automatically involves a patented process;
performance of a process that uses a patented invention.
FILING OF PATENT APPLICATION
Documents required t o file a Patent Application
- Application form
- Applicant(s)'s name(s) and address(es)
- Inventor(s)' name(s) and address(es)
- Title of invention
- Full text specification including description, claims, and abstract in original language; and drawings (if any)
- (where the convention priority is claimed) Priority date, country and number of the first application(s)
- Certified copy (copies) of priority application(s) (shall be filed within 3 months from the filing date)
Power of Attorney
A citizen of the Russian Federation, permanently residing on its territory, or any other person prescribed by law may be registered as a patent attorney to practice before the Federal Executive Authority on Intellectual Property. The Government of the Russian Federation shall set other requirements to a patent attorney, procedures for his certification and registration, and also his warrants for practice, related to the legal protection of trademarks.
- The application for the grant of a patent for an invention shall be filed with the Federal executive authority on intellectual property by the person entitled to receive the patent as provided under the present Law (hereinafter - the applicant).
- Communication with the Federal executive authority on intellectual property may be carried out by the applicant or the registered patent attorney.
- A petition for the grant of a patent for an invention shall be filed in Russian. Other documents of the application may be presented in Russian or in another language. In the event that the documents of the application are presented in another language, their Russian translation shall be attached to the application.
The petition for the grant of a patent shall be signed by the applicant, and in the event of application filing through a patent attorney or other representative - by the applicant, patent attorney, or other representative.
Application for an Invention Patent
The application for the grant of an invention patent (hereinafter referred to as an invention application) shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (unity of invention requirement).
Contents of the Application
The invention application shall contain:
- the request for the grant of a patent, stating the names of the inventor (or inventors) and the person (or persons) in whose name the patent is sought, and the their places of residences or places of business;
- the description, disclosing the claimed invention in sufficient detail for it to be carried out;
- the claims, stating the essential features of the invention and fully supported by the description;
- the drawings or other material, where indispensable for the understanding of the disclosure;
The date of the invention application filing shall be the date of receipt by the Federal executive authority on intellectual property of the application, containing a petition for patent grant, the description and drawings, if there is a reference to them in the description, or the date of receipt of the final document, if the said documents were not presented all at the same time.
Requirements to the documents of the invention application shall be determined by the Federal executive authority on intellectual property.
INFRINGEMENTS OF THE EXCLUSIVE RIGHT OF THE PATENT OWNER
Except the following acts all other acts tantamount to an infringement
of the exclusive rights of the patent owner:
- use of a product, incorporating a patented invention of a device, incorporating a patented industrial design, in the structure, in auxiliary equipment or in the operation of transportation vehicles of foreign countries (river and marine, air, automobile and railway transport, space crafts), provided that such transportation vehicles are located on the territory of the Russian Federation temporarily or accidentally and that the said product or device are used solely for the needs of the transportation vehicle.
- scientific research on a product or process, incorporating a patented invention or on a device, incorporating a patented industrial design, or experiments with such product, process or device;
- use of a patented invention, in emergency situations (natural calamities, catastrophes, accidents), provided that the patent owner is notified as soon as possible and paid a commensurate compensation;
- use of a patented invention, for private, family, domestic or other needs, not related to business activities, if the purpose of such use is not to make profit (revenue);
- occasional preparation in pharmacies, based on physicians' prescriptions, of medicaments using a patented invention;
import into the Russian Federation, utilization, offer for sale, selling, other introduction into civil circulation or storage for these purposes of a product, incorporating a patented invention, or of a device, incorporating a patented industrial design, if such product or device had been introduced into circulation in the Russian Federation earlier by the patent owner or by another person, authorized by the patent owner.
LEGAL RECOURSE TO PATENT INFRINGEMENT
Any natural person or legal entity using a patented invention, utility model or industrial design in a manner contrary to this Law of patent shall be deemed to be infringing the patent.
In the event of infringement the patent owner shall have the right to demand:
- cessation of patent infringement
- compensation for losses, as per the civil legislation, by the patent infringer
- publication of the court ruling to protect his business reputation;
other remedies as provided under the Russian legislation.
As per the law of the Russian federation the term of an invention patent shall be 20 years from the date of receipt of the application by the Federal executive authority on intellectual property.
The term of an invention patent for a medication, a pesticide or agrochemical, the utilization of which requires a duly issued permission, shall be extended by the Federal executive authority on intellectual property upon request from the patent owner. The extended period for the invention patent may not exceed five years. The said request shall be submitted during the validity term of the patent within six months from the date of receipt of such permission or date of patent grant depending on which expires later.
Examination of Patent Application
Upon receipt of a patent application the Federal executive authority on intellectual property shall carry out a formal examination to verify the presence of documents and their conformity to prescribed conditions.
Upon completion of the formal examination the applicant shall be promptly notified of this fact and the filing date.
Where the documents contained in the application are not in order the applicant shall be invited to furnish the corrected or missing documents within two months from the date of the receipt of such invitation.
If the applicant fails, within the prescribed time limit, to furnish the documents in question or to file a request for the extension of the time limit the application shall be deemed to have been recalled. The time limit may be extended by the Federal executive authority on intellectual property by no more than ten months from the date of its expiry.
- The particulars of the application in respect of which the formal examination finding is favorable shall be published by the Federal executive authority on intellectual property upon expiry of a period of 18 months from the date of receipt of the said application.
- After the publication of the particulars of the application any person shall have the right to familiarize himself with its documents unless the application has been recalled or considered to have been recalled on the date of publication of such particulars.
- Upon successful completion of the formal examination, a substantive examination of the patent application shall be conducted at the request of the applicant or third parties that may be submitted to the Federal executive authority on intellectual property within three years after the filing date. The Federal executive authority on intellectual property shall inform the applicant about the receipt of requests from third parties.
- The substantive examination of a patent application shall include a prior art search in respect of the claimed invention and a patentability check.
- Upon expiry of six months after the beginning of the substantive examination the applicant shall be sent a search report, unless the application claims a priority earlier than the filing date and if the request for the conduct of substantive examination was submitted simultaneously with the filing of the application.
- Where the substantive examination finding is that the claimed invention, as defined by the applicant in the claims, meets the criteria of patentability, the Federal executive authority on intellectual property shall decide to grant a patent for the invention corresponding to the said claims and containing a priority date.
- If the application is refused by the authority and the applicant wishes to oppose a decision to refuse the grant of patent, a decision to grant a patent or a decision to consider the application as recalled, he may do so to the Patent Disputes Chamber of the Federal executive authority on intellectual property.
- The opposition may be filed within six months following the date of the receipt of the decision or the copies of the documents cited in the notice of opposition and referred to in the decision to refuse the grant of a patent.
The decision of the Patent Disputes Chamber shall be approved by the head of the Federal executive authority on intellectual property and become effective from the date of such approval; it may be contested in a court of law.
- During the period between the date of publication of the particulars of the application and the date of publication of the particulars of the patent grant the claimed invention shall enjoy provisional protection within the scope of the ublished claims.
- The provisional protection shall be deemed as nonhappening where the patent application has been recalled or is deemed to have been recalled, or a decision to refuse the grant of a patent has been taken in respect of the patent application and the possibility to oppose it provided by this Law has been exhausted.
- Any natural person or legal entity using the claimed invention shall pay compensation to the owner of the patent after the grant thereof in an amount to be determined by agreement between the parties.