DESIGNS REGISTRATION IN RUSSIA
Priority Deadline: For filing of a design application in Russia with claiming priority, the application would have to be filed within six (6) months from the earliest priority date. A certified copy of the priority application should be filed with the RuPTO within 3 months following the design application filing date.
Novelty Period: The novelty grace period for a design in Russia is twelve (12) months after the disclosure of the design and before application filing.
Representation: A foreign client must be represented at the Russian Patent office by a registered Russian Patent Attorney.
Translation: Application materials should be translated and filed in the Russian language.
Formal Examination: The process for the examination of Design Applications in Russia includes a formal examination within six (6) months after filing, for the crosschecking of required documentation. In the case of accurate documentation, the application will proceed to the substantive examination stage.
Substantive Examination: The substantive examination is requested simultaneously with the filing of the application. At this stage the design will be checked in compliance with the requirements for design patentability, which are absolute novelty and originality. If the design meets these requirement a decision to grant the patent will be issued.
Office Action: In case of Office Action, our Russian Patent Attorney will carefully review the Office Action to provide a Legal Opinion and discuss with the Applicant or representing Attorney, options available in overcoming said Office Action.
Duration: The procedure for registration of a design patent in Russia usually takes twelve (12) months in case of smooth registration.
Maintenance: Maintenance fees are paid for five (5) year term periods. The payment of maintenance fees begins from the third (3rd) year of patent validity. Further maintenance fees are to be paid on the last year of the current five (5) year period of validity. A six (6) month grace period is foreseen but will incur an increase of the fees by 50%. Failure to pay maintenance fees can result in the cancellation of the patent.
Fees: The official fees for filing of the design application should be paid simultaneously with the official fees for conducting the substantive examination. The patent is issued after payment of the relevant issuance and annuity fees.
Validity: In Russia a patent is valid for five (5) and can be prolonged every 5 years beginning from the application filing date, but no more than 5 times, i.e. the total term of exclusive right for the design patent is 25 years.
Required documents for Filing a Design Application in Russia:
Design protection in Russia can also be obtained through the Eurasian Patent Organization (EAPO).