Comparative Guides
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Results: 4 Answers
Patents
3.
Obtaining a patent
3.1
Which governing body controls the registration procedure?
 
Russian Federation
The Federal Service for Intellectual Property (Rospatent).

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.2
What is the cost of registration?
 
Russian Federation
On average, the costs associated with filing, prosecution and grant of a patent are approximately $3,500 to $6,000, including official fees and patent agent fees.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.3
What are the grounds to reject a patent application?
 
Russian Federation
The grounds for rejection are as follows:

  • The subject matter of the application is not eligible for patent protection;
  • The claimed invention is not disclosed in the application in sufficient detail for it to be carried out by a person skilled in the art; or
  • The claimed invention is not new, does not involve an inventive step or is not industrially applicable.
For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.4
What programmes or initiatives are available to accelerate or fast track examination of patent applications?
 
Russian Federation
No accelerated examination is provided for under Russian patent law. However, an accelerated novelty search may be ordered. Rospatent also participates in several Patent Prosecution Highway (PPH) programmes, including the Global PPH, the Patent Cooperation Treaty PPH and the PPH MOTTAINAI.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.5
Are there any types of claims or claiming formats that are not permissible in your jurisdiction (eg, medical method claims)?
 
Russian Federation
A claim with multiple dependency should not depend on another claim with multiple dependency.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.6
Are any procedural or legal mechanisms available to extend patent term (eg, adjustments for patent office delays, pharmaceutical patent term extension or supplementary protection certificates)?
 
Russian Federation
The term of a patent relating to pharmaceuticals, pesticides or agricultural chemicals which by law require special approval for use may be extended by a period of up to five years, counting from the application filing date to the date of obtaining the first authorisation.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.7
What subject matter is patent eligible?
 
Russian Federation
A patent may be obtained for a technical solution relating to a product (in particular, a device, a substance, a micro-organism strain or a culture of cells of plants or animals), or to a process in all fields of technology. Pharmaceuticals, chemical compositions and treatments for humans or animals are patentable.

The following are not patentable:

  • methods of human cloning and human clones;
  • methods of modification of the genetic integrity of cells of a human embryo line;
  • use of human embryos for manufacturing or commercial purposes;
  • other solutions that are contrary to social interests or principles of humanity and morality;
  • discoveries, scientific theories and mathematical methods;
  • solutions which relate only to the external appearance of items and are directed towards the satisfaction of aesthetic requirements;
  • rules and methods of games and intellectual or economic activities;
  • computer programs; and
  • solutions consisting only of the presentation of information.
For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners
3.8
If the patent office does not grant a patent, is an appeal available and to whom?
 
Russian Federation
The applicant may appeal the decision to Rospatent within seven months of its issue. Rospatent’s decision on the appeal may further be appealed before the IP Court.

For more information about this answer please contact: Nikolay Bogdanov from Gorodissky & Partners