- European
The industrial property protection system in Russia includes laws such as the Patent Law, Industrial Property Law, and Design Law, among which the design system is an important component of Russia's intellectual property protection system. Unlike China and European and American countries, Russia does not have an independent patent law, but rather protects design as a special type of patent. According to the Patent Law, patent protection can only be obtained if a novel, unique, or beautiful design is used on the product or packaging. This system is similar to China's appearance design system. At present, Russia has completed the reform of its patent law and trademark law, allowing for the simultaneous application of two types of design patent protection.
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Patent type
1. Invention patent: 20 years from the date of application
2. Utility model patent: 10 years from the date of application
3. Design patent: 25 years from the date of application -
Patent application pathway
1. Apply directly to the Russian Federal Intellectual Property Office (for all three types of patents)
2. Eurasian Patent Pathway (Invention Patent)
3. PCT pathway (invention patent, utility model patent)
4. Paris Convention pathway (all three types of patents are acceptable)
5. The Hague Agreement (limited to design patents only) -
Patent application language
Russian
The application and examination procedures for invention patents in Russia are similar to those in China, including formal examination and substantive examination stages. The submitted application will first undergo formal examination, and after passing the formal examination, the application will be made public within 18 months from the date of application. The applicant shall submit a request for substantive examination within 3 years from the application date. In the substantive examination stage, the Patent Office issues an examination opinion, and the applicant should respond to the examination opinion within 3 months from the date of issuance. After receiving the response, the Patent Office issues an authorization notice or a rejection decision.
Within 7 months of receiving the rejection decision (from the date of publication), the applicant may appeal to the Patent Dispute Board. After a hearing procedure, the Patent Dispute Board will issue a final decision. Within 3 months of receiving the final decision (from the date of publication), the applicant may file a lawsuit with the court and enter into legal proceedings.
Generally speaking, if everything goes smoothly, the entire process takes about 18-24 months.
The biggest difference between the application and examination procedures for utility model and design patents in Russia and China is that Russia adopts a substantive examination system for utility model and design patents. After passing the formal examination, utility model and design applications will continue to undergo substantive examination. Similar to invention applications, after examination opinions and responses, the Patent Office issues an authorization notice or rejection decision. Similarly, the applicant can initiate appeal and prosecution procedures in the future.
Generally speaking, if everything goes smoothly, the application process for a utility model patent takes about 8-10 months. The application process for a design patent takes approximately 9-13 months.
1. Invention Patent:
(1) Apply in the name of an individual to provide a scanned copy of their ID card; Apply in the name of the company to provide a scanned copy of the business license;
(2) Scanned copy of inventor's ID card;
(3) Patent name (in both Chinese and English);
(4) Technical materials such as claims, specification, abstract of specification, and drawings;
(5) Original copy of priority (if any)
(6) Contact name, phone number, address, email address;
2. Utility model patent:
(1) Individuals can apply for a scanned copy of their ID card, while companies can apply for a scanned copy of their business license;
(2) Scanned copy of inventor's ID card;
(3) Patent name (in both Chinese and English);
(4) Technical materials such as claims, specification, abstract of specification, and drawings;
(5) Original copy of priority (if any);
(6) Contact name, phone number, address, email address;
3. Design Patent
(1) Applicant's name and address;
(2) Inventor's name and address;
(3) Patent name;
(4) Product 3D model diagram (six view stereo), or product line diagram in PDF format;
(5) Original copy of priority (if priority is requested);
(6) Contact name, phone number, email address, and address;
