Securing patent protection in Russia allows to obtain exclusive rights to an invention and prevent unauthorized use in a key Eurasian market.

Moscow Patent Service provides the full range of legal services related to patent registration in Russia including:

• patent search
• patent translation
• filing and further prosecution of an application
• patent maintenance
• preparing and recordal of assignment and license agreements
• representing applicants before courts

We represent clients before the Russian Federal Service for Intellectual Property (Rospatent) and ensure a strategically sound and cost-efficient approach at every stage.

Patent protection in Russia may also be obtained via a Eurasian patent, covering multiple jurisdictions under a single procedure.

Term of Protection

The validity term of a patent in Russia is 20 years from the filing date.

Extension: up to 5 additional years for inventions relating to pharmaceuticals and agrochemicals requiring regulatory approval. In such cases, a Supplementary Protection Certificate (SPC) is granted.

Novelty grace period: 12 months from disclosure of the information on the invention before filing an application.

Patent Registration Procedure in Russia

The procedure is examination-based and consists of the following stages:

1. Filing and formal examination

A formal examination is conducted within approximately 2 months from filing.

The Patent Office verifies compliance with formal requirements, including completeness of documentation and payment of fees, and issues a notification about positive result of the formal examination.

2. Substantive examination

Substantive examination is not automatic and must be requested within 3 years from the filing date.

During this phase, the examiner conducts a search and evaluates novelty, inventive step and industrial applicability.

3. Grant decision and patent issuance

If the invention meets all patentability requirements, a decision to grant is issued.

To proceed to grant:

• the registration fee must be paid
• the fee for the first five-year maintenance period must be paid.

Deadline: 2 months from receipt of a grant decision.

In practice, the patent registration process in Russia takes approximately 2 to 5 years.

Requirements for Filing a Patent Application

To file a patent application in Russia, the following must be provided:

• applicant’s and inventor’s names, addresses, and citizenships;
• a filing number and filing date of a priority application or a PCT application;
• a specification with claims, abstract and drawings;
• a copy of amendments (if any);
• a Power of Attorney simply signed and stamped by the applicant(s); legalization and notarization are not required unless it is signed by a proxy-holder. The executed PoA should be provided to the Russian Patent Office within 2 months from filing the application.

If priority is claimed:

• a certified copy of the priority document must be provided
• deadline: 16 months from the priority date

Russia is a member of the Patent Cooperation Treaty (PCT).

• Entry into the Russian national phase: 31 months from the priority date
• Direct (Paris Convention) filing: 12 months from the priority date

Strategic use of the PCT route allows applicants to defer costs and assess commercial viability before entering the Russian phase.

Foreign applicants must be represented before the Office by a registered Russian patent attorney.

• 1. Can the PCT application be filed in English when entering Russia?
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  A Russian translation of the application shall be filed at the time of filing. However, if the translation is not filed at that time, the Patent Office will issue an office action requesting its submission. The term for providing the translation is three months from the issue date of the office action, extendable for up to 10 months. Failure to provide the translation within that term results in abandonment of the application.
• 2. Is a Power of Attorney required for filing?
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  Yes, a signed Power of Attorney is required. Neither notarization nor legalization is required.
• 3. What is the deadline for submitting an examination request?
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  A request for substantive examination must be filed within three years from the filing date, or, in the case of a PCT application, from the international filing date. This term may be extended by up to two months.
• 4. When is a patent application published in Russia?
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  A patent application is published 18 months after the filing date (or the international filing date for PCT applications). This period can be shortened at the applicant’s request.
• 5. How can a patent opposition be filed and appealed in Russia?
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  An opposition can be filed with the Patent Disputes Chamber at any time during the patent’s validity. Its decision can be appealed to the IP Court.