Russian Federation – is the member of the following agreements: World Intellectual Property Declaration, Patent Law Treaty, Paris Convention for the Protection of Industrial Property, Patent Cooperation Treaty, Eurasian Patent Convention, Strasbourg Agreement Concerning the International Patent Classification.
Herewith, Russia is one of those countries, where the utility model can be registered. Under Russian legislation, the right to obtain the utility model patent belongs to the inventor (author), besides, the application can be filed by other natural and legal entities. The patents are granted by the Russian Federal Service for Intellectual Property ('Rospatent').
As utility model, only technical decision relating to the appliance (product) can be protected.Objects, which cannot be registered as utility models:
science theories and mathematical methods;
the decisions concerning only appearance of the products and oriented only on satisfying of ethical needs;
rules and methods of games, intellectual and economic activities;
decisions consisting only of information performing;
plant varieties, animal breeds, biological methods of their reproduction, namely the methods which fully consist of crossbreeding and selection, except of microbiological methods and products received with the help of such methods;
topographies of integrated circuits.
Also cannot be patented:
methods of cloning human and his clones;
methods of modification of genetic integrity of germinal cells of human;
using of human embryos for industrial and commercial purposes;
the results of intellectual activity if they contrary to the public interests, principles of humanity and morality.
Utility model patentability criteria in Russia
To be patented, utility models must be new and industrially applicable.Utility model is considered as new, if the complex of its substantial features is unknown from the technical level.
Technical level concerning utility model includes any information, which became publicly known from the priority date of the utility model. It also includes all applications on patents on inventions, utility models and industrial designs, filed by other persons, documents available for examination, and patented inventions and utility models.
The utility model is industrially applicable, if it can be used in industry, agriculture, health care, other economic sectors, or social sphere.
The procedure of obtaining utility model patent is similar with the procedure concerning invention patent; herewith, it has its own particularities.
Step1: Application filing.
The author of utility model, authorized individuals, or legal entities can be the applicants for the utility model patent.
Utility model application can refer to only a single utility model.
Utility model patent application must include:
application specifying the author's and applicant's name(s), and their residence(s);
description, which disclose its essence;
claims referring to a technical decision;
drawings (if necessary);
The application must be filed in Russian. If other documents are attached in another language, the translation must be provided.
Priority is settled:
- on the date of application filing to 'Rospatent',
- the convention priority date (the first filing date in member of Paris Convention).
The convention priority is valid during 12 months from the indicated date. It can be extended, if reasons beyond applicant's control appeared, but no more than for 2 months. The applicant should inform 'Rospatent' about his convention priority and provide certified copy of his priority application before expiration of 16 months from the priority application filing in the PCT member.
Step 2: Formal examination
On this stage the availability of documents and their compliance with the requirements are examined. If the application and all documents are complied with all formal requirements, this step passes successfully.
If the utility model patent application does not satisfy all the requirements, 'Rospatent' sends to the applicant a request, proposing to provide correct or/and missing documents within 3 months (this term can be extended no more than for 10 months). If the applicant does not provide documents requested, or petition on prolongation of a term, the application for utility model patent will be withdrawn.
Step 3: Substantive examination
On this step, for determining of the technical level, which is used for examination of patentability, and conformity with other requirements of Russian legislation, the information search is provided.
During the substantial examination, all the application documents are examined on the sufficiency of disclosure.
If application passes the examination, 'Rospatent' issues a decision for granting a patent.
'Rospatent' can request for additional documents, which must be provided within 3 months from the request forwarding or sending the copies of additional materials to the applicant, if they were requested during 2 months from the request forwarding. Otherwise, the utility model patent application will be withdrawn.
If at list one patentability requirement is not met, or the application documents do not provide an exhaustive specification of utility model, sufficient for its realization by specialist in its technical field, 'Rospatent' makes a decision to refuse in patent granting.
Step 4: Registration and publication of the patent.
'Rospatent' publishes the information about patent granting in the Official Bulletin, which includes the inventor's name (if he did not refuse to be mentioned), name or title of patent holder, title and the claims of utility model. On the basis of the decision of patent granting, the utility model is put into the State Register of Utility Models of Russian Federation, and 'Rospatent' grants a patent.
For obtaining a patent, all prescribed fees also must be paid.
The procedure of utility model patenting usually takes nearly 1-1,5 years from the date of application filing to utility model patent granting.
The term for protection of utility models – is 10 years from the first filing date.
The applicant can dispute 'Rospatent' decisions for patent granting, refusing in patent granting, or application revocation, by filing the opposition throughout 7 months from sending him a decision or documents requested.
For additional information, please contact IPStyle experts.
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