In Russia, the following subjects are ineligible for patent protection:

1. Human Cloning Technologies:

• Technologies related to human cloning or the creation of human clones are prohibited from patent protection.

2. Techniques for Modifying the Genetic Integrity of Human Embryo Cells:

• Methods involving the modification of the genetic integrity of human embryo cells are not patentable.

3. Use of Human Embryos for Industrial and Commercial Purposes:

• The use of human embryos for industrial or commercial purposes, such as research or product development, is restricted from patent protection.

4. Solutions Contrary to Public Interest, Humanity, and Morality Principles:

• Inventions that go against public interest, humanity, or morality principles are not eligible for patent protection.

5. Discoveries:

• Discoveries, which are considered findings of existing phenomena or laws of nature, cannot be patented.

6. Rules and Methods for Games and Intellectual or Economic Activities:

• Rules and methods for games, as well as intellectual or economic activities, are excluded from patentability.

7. Scientific Theories and Mathematical Methods:

• Scientific theories and mathematical methods, which are considered abstract concepts, are not eligible for patent protection.

8. Solutions Relating Solely to External Appearance of a Product:

• Solutions that pertain only to the external appearance of a product and are intended solely to satisfy aesthetic requirements are not patentable.

9. Varieties of Plants and Animals and Biological Methods for Producing Them (Excluding Microbiological Methods):

• Varieties of plants and animals, along with biological methods for producing them, are not patentable, except for microbiological methods and products produced by such methods.

10. Computer Programs:

• Computer programs, which are considered software instructions, are ineligible for patent protection.

11. Information Presentation Without Technical Character or Effect:

• Information presentation lacking technical character or effect, such as purely informational or aesthetic content, cannot be patented.

1. Novelty:

• The invention must be new or novel, meaning it hasn’t been disclosed to the public before the filing date of the patent application.

2. Inventiveness:

• The invention must involve an inventive step or non-obvious innovation compared to existing knowledge or technology in the field. In other words, it must not be obvious to someone skilled in the relevant field.

3. Industrial Applicability:

• The invention must have industrial applicability, meaning it can be used or applied in some form of industry or commerce. It should have a practical utility and be capable of being made or used in some kind of industry.

Computer-implemented inventions are eligible for patenting in Russia, unlike standalone computer programs. However, to qualify for protection, they must fulfill specific criteria. These inventions must demonstrate a technical nature by passing the “triple T test,” which requires them to address a technical problem, incorporate technical features, and exhibit a technical result when implemented.

Pharmaceutical subjects eligible for patent protection typically include:

• Substances with specific biological activity suitable for use as active agents in medications.
• Pharmaceutical compositions containing one or more active agents combined with pharmaceutically acceptable excipients.
• Different dosage forms of medications.
• Methods for preparing any of the aforementioned products.
• Methods for preventing or treating diseases using the aforementioned products.
• Specific uses of compounds or pharmaceutical compositions for particular purposes.

Yes, certain limitations apply to patent protection in the pharmaceutical field. For example:

• Methods of cloning a human being or a clone thereof.
• Methods of modifying the genetic integrity of human embryonic cell lines.
• Use of human embryos for industrial and commercial purposes.

• Biological activity refers to the ability of a substance to produce a physiological effect when introduced into a living organism. In pharmaceuticals, this often relates to the substance’s capacity to interact with biological systems in a way that influences health or disease processes.

Patent invalidation in Russia can occur due to several reasons, including non-patentable subject matter, non-compliance with patentability criteria, insufficient disclosure, inclusion of new matter in the claims, presence of identical applications with the same priority date, and incorrect designation of patent holders or inventors. Any individual who becomes aware of these violations can initiate an invalidation action during the patent’s validity period.

A design patent is granted for the artistic and design solution of a factory-made or home-made article, defining its appearance. However, certain subject matters are ineligible for design patents, including solutions solely due to the technical function of an article, objects of architecture, industrial, hydraulic engineering, or other immovable structures, and objects with an unstable form from fluid, gaseous, free-flowing, or similar substances.

To be considered novel, an industrial design must meet specific criteria. Firstly, it must exhibit “absolute novelty,” meaning that none of its significant features, including form, configuration, decoration, and color pattern, are known from publicly available information before the priority date of the design. Additionally, the design must be novel over any pending design patent applications filed with the Russian Patent Office by other individuals before the priority date of the application, even if these applications are unpublished at the time of filing. Furthermore, the design must not have been previously patented in the Russian Federation. There is a grace period of 6 months before the filing date concerning the disclosure of information about the design by the author, applicant, or any other person who obtained this information from them.

The examination process for patent applications in Russia consists of two steps:

1. Formal Examination: Upon receipt of a patent application, the Russian Patent Office conducts a formal examination, which includes a check on language and priority date. All applications must be filed in Russian. Priority can be claimed within 12 months (6 months for design patents) in subsequent Russian applications. If multiple applications exist for the same invention, priority is granted to the first filer.
2. Substantive Examination: The applicant must file a request for substantive examination within 3 years from the filing date. This examination determines the patentability of the claimed invention. Failure to request examination within this timeframe results in application withdrawal. An extension of 2 months may be granted upon request.

Key Points:

• Formal examination takes around 2 months.
• All applications must be in Russian.
• Priority can be claimed in subsequent Russian applications within specific timeframes.
• The applicant must request substantive examination within 3 years, with a possible 2-month extension.
• Failure to request substantive examination within the specified timeframe results in application withdrawal.

The terms of exclusive rights vary depending on the type of intellectual property:

• Invention: 20 years from the filing date.
• Utility Model: 10 years from the filing date, with the possibility of a 3-year extension.
• Industrial Design: 15 years from the filing date, extendable up to 10 years.

Yes, the term of an invention patent in Russia can be extended for medicines, pesticides, or agrochemical substances requiring market authorization. If more than five years have elapsed from the filing date until the receipt of the first market authorization, the patent term can be extended. The extension period is calculated by subtracting five years from the elapsed time from the filing date to the date of receiving the first market authorization.

To qualify for an extension, the patent owner must file a request within the effective term of the patent and within six months after receiving the market authorization or the patent issuance date, whichever comes later. Notably, within an invention patent, the effective terms of independent claims related to a compound or composition can be extended in the Russian Federation.

In Russia, no annuities are due during the application process. The first annuity payment is required two months after the grant date and must cover all annuities that would have been due throughout the application process. Subsequent annuities are then due annually on the anniversary of the filing date. The due date for subsequent annuities corresponds to the month and date of the filing date.

In Russia, you can register various types of trademarks, including words, figures, slogans, combinations of words and figures, three-dimensional marks, sound marks, and the commercial look of packages. Trademarks can be protected in Latin or Cyrillic letters, but registering a trademark in one script does not automatically secure protection for the same mark in the other script.

Once you file your trademark application, Rospatent will examine if the mark meets registration conditions and check for any prior rights that could prevent registration. The entire process to obtain trademark certificate typically takes about 1.5 – 2 years. Upon registration, a registration fee is required. From the filing date of the application, your trademark is considered protected by trademark rights.

Before proceeding with the submission of a trademark application, conducting a trademark professional search is undoubtedly a wise and crucial step. The primary objective of the trademark search is to identify any existing trademarks that are sufficiently similar, as their presence may impede the acceptance of your trademark. This proactive measure helps in avoiding potential conflicts and enhances the likelihood of a successful legal protection of the trademark.

In Russia, the trademark registration process typically proceeds as follows:

1. Formal Examination Stage: Within approximately 1-2 months after filing, a formal examination of the trademark application is conducted. This checks the availability of required filing documents and ensures payment of the filing fee. If the application meets these requirements, a corresponding notification is issued.
2. Substantive Examination Stage: After passing the formal examination, the application proceeds to substantive examination, which takes approximately 5-6 months. During this phase, the trademark’s eligibility for protection is assessed. If the trademark meets the requirements of protectability, a decision about registration is issued.
3. Registration and Certificate Issuance: Upon approval, the official registration fee must be paid to the Trademark Office. The certificate of registration is then forwarded to the applicant within approximately 1-2 months after payment of the official fee.
4. Provisional Refusal: If the substantive examination uncovers any obstacles to registration, a provisional refusal in trademark registration is issued. This refusal can be appealed within a further 6 months.

Overall, the smooth trademark registration procedure typically takes 7-8 months in Russia.

Yes, the trademark registration process in Russia can be accelerated by requesting corresponding services from the Trademark Office. With this service, the office will examine the application and issue a decision within approximately two months. If the decision is positive, the official registration fee must be paid, after which the registration certificate is issued.

A trademark is typically refused registration in Russia if it is similar to or identical with earlier filed or registered trademarks for the same or similar goods/services. Additionally, lack of distinctiveness or misleading character of a mark can also lead to refusal.

Interested parties have the opportunity to oppose a trademark registration during the entire examination period until the decision of substantive examination is issued.

After trademark registration, cancellation requests can also be filed:

• Cancellation based on relative grounds: This can be filed to the Board of Patent Disputes within 5 years from publication.
• Cancellation based on absolute grounds: This can be filed to the Board of Patent Disputes within the entire period of validity of the trademark.
• Cancellation based on non-use: This can be filed to the Court for Intellectual Property Rights within 3 years from registration, allowing for a grace period.

In Russia, if a trademark remains unused for three consecutive years after its registration date or any later date, it may be subject to cancellation by court decision upon the satisfaction of a third party’s lawsuit. The lawsuit can be filed no earlier than three years after the registration date of the disputed trademark.

Trademarks in Russia are valid for 10 years from the filing date and can be renewed every 10 years thereafter. Renewal applications can be submitted within 12 months before the expiry of the validity term. Additionally, there is a 6-month grace period after the expiry date, during which renewal applications can still be submitted upon payment of a stipulated fine.

However, once the grace period expires, it is not possible to reinstate a lapsed trademark. Therefore, it is crucial to ensure timely renewal to maintain trademark protection.

When considering trademarking in Russia, it’s important to understand the associated costs. Here’s a breakdown:

Application Fees:

• The filing fees for a trademark application in Russia vary depending on factors such as the number of classes of goods and services.

Government Fees for Maintenance and Renewal:

• After registration, there are maintenance and renewal fees to keep the trademark active.