Patenting in Russia
Patenting in Russia is the process of obtaining exclusive rights to an invention, utility model or industrial design. A patent gives its holder the right to use, sell or license his or her invention in the Russian Federation.
Here are the main stages of patenting:
1. Selection of the subject matter to be patented. It is necessary to determine what exactly you want to patent: invention, utility model or industrial design (Article 1349 of the Civil Code of the Russian Federation). An invention is a new and useful solution to a technical problem, a utility model is a less complicated technical solution, and an industrial design is a product design (Articles 1350-1352 of the Civil Code of the Russian Federation).
2. Conducting a patent search. Before filing an application, it is necessary to conduct a search for similar solutions to make sure that your invention, utility model or industrial design is new. For this purpose you can use the database of Rospatent.
3. Preparation of documents. To apply for a patent, you need to prepare the following documents:
- Application for a patent;
- Description of the invention (utility model, industrial design);
- Formula of the invention (utility model, industrial design);
- Drawings (if they are necessary);
- Abstract (Article 1375(2) of the Civil Code of the Russian Federation).
4. Filing of the application. The prepared documents should be submitted to the Federal Institute of Industrial Property (FIPS), which is a subdivision of Rospatent (Article 1246 of the Civil Code of the Russian Federation). The application may be filed in person, through a representative or by mail.
5. Examination of the application. After the application is filed, the FIPS conducts an examination for compliance with the requirements of the law. If the application complies with all requirements, it is accepted for consideration. Otherwise, the applicant is sent a request to amend the application (Articles 1384, 1386 of the Civil Code of the Russian Federation). The examination of the application may take several months.
6. Issuance of the patent. In case of a favorable decision, the FIPS issues a patent for the invention (utility model, industrial design) (Article 1393 of the Civil Code of the Russian Federation). The patent is valid for a certain period of time (usually 20 years for inventions, 10 years for utility models and 5 years with the possibility of extension for industrial designs) (Article 1363 of the Civil Code of the Russian Federation).
When it comes to patenting, questions often arise as to the difference between patenting and depositing.
The difference between patenting and depositing is that patenting is a process of obtaining exclusive rights to an invention, utility model or industrial design. A patent gives its holder the right to use, sell or license his invention on the territory of the Russian Federation.
Patenting includes several stages: selection of the subject matter to be patented, patent search, preparation of documents, filing of the application, examination of the application and granting of the patent. The term of validity of a patent depends on the type of patent subject matter.
Depositing is a method of fixing the authorship and date of creation of a work. Copyright objects are subject to deposit: scientific articles, books, musical works, etc.
Specialized organizations such as the Russian Copyright Society (RAO) or the All-Russian Intellectual Property Organization (WIPO) are engaged in depositing. They provide services for registration of copyrights and deposit of works.
Thus, the difference between patenting and depositing is that patenting grants exclusive rights to use an invention, utility model or industrial design, while depositing does not protect copyright, but allows to fix the authorship and the date of creation of the work.
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