An increasingly attractive Russia
Economic cooperation between China and Russia has grown tremendously in the past few years. In recent years, China and Russia have successively promoted the joint establishment of the Shanghai Cooperation Organization and established mechanisms such as the BRICS, China-Russia-India, and China-Russia-Mongolia cooperation. In 2019, the bilateral trade volume between China and Russia reached US$110.757 billion, a year-on-year increase of 3.4%. China has been Russia's number one trading partner for 10 consecutive years. At present, many Chinese companies are considering increasing investment in Russian industries and infrastructure. In view of this, how to better protect their intellectual property rights in Russia should be the first issue these companies need to consider at present.
Although Russia's intellectual property protection is basically in line with international standards, Russia still faces major challenges in the implementation of intellectual property laws. This is partly due to Russia's lack of a tradition of private ownership. In 1992, after passing a series of laws, Russia established a new intellectual property protection system, which has gradually achieved results. Russian intellectual property protection has become a new rule of the game in Russia. Since 2013, patent filings from China have been increasing and it has become the 4th most active country after the US, Germany and Japan. In addition to the national patent system, the Russian Federation is also a member of the Eurasian Patent Convention (EAPC). Chinese applicants can take advantage of the advantages of EAPC to file in a single language and obtain the Eurasian patent granted within 6-12 months. Automatically obtain protection in the 8 EAPC member states, no need to pay additional fees and documents, the procedures are convenient and fast, and the cost and time are greatly saved. At present, the Eurasian patent system has not been widely recognized and applied by Chinese applicants. In the future, the Eurasian patent system is bound to become a new growth point in the process of China's continuous increase in patent applications from Russia.
As a country with a traditional civil law system, Russia's patent system has its own unique characteristics. Today we will take a look at Russia's patent system.
Russian patent overview
1. Paths for Chinese applicants to apply for patents in Russia
Paris Convention, via Nationalization of PCT entry into Russian national phase, Eurasian patent, direct application.
2. Review unit
The Russian Federal Office for Intellectual Property, Rospatent, was established in 1996. Rospatent provides public services and management, supervision and provision of public services in the fields of inventions, utility models, industrial designs, electronic computer programs, layout designs of integrated circuits in databases, trademarks, appellations of origin, and issues related to the provision of public services and makes legislative proposals.
3. Submit your application
1) Time limit requirements: Rospatent accepts the restoration of the priority right, and can enter the Russian national phase within 31 months from the filing date/priority date at the latest, and can submit the Russian translation within 2 months.
2) Patent applications can be submitted online, by mail, by fax or directly at the Rospatent office. The online electronic filing system provided by the website of the Federal Institute of Industrial Property, a subsidiary of Rospatent, allows the submission of applications for inventions and utility models. Using this system can save 30% of the application fee, and is not limited by working hours, and can receive relevant official notices.
4. Formal examination
After Rospatent receives the application documents, it will conduct a formality examination of the application, and if the requirements are met, the patent application date will be confirmed. At the same time, Rospatent will examine the unity of the patent application, and if the requirements are not met, the applicant will be required to submit a divisional case.
5. Disclosure procedure
Patent applications will be published 18 months from the priority date/filing date. Applicants may also request early disclosure.
6. Review and Authorization
Anyone, including the applicant or a third party, can submit a substantive examination request to Rospatent within 3 years from the date of patent application, and Rospatent will notify the applicant of the third party's request and provide the applicant with a search report. Both utility model and design patents in Russia are subject to substantive examination, but only for novelty. Rospatent will authorize the patent application if it meets the granted conditions after examination. Russia has a post-granted opposition system. After the Rospatent is authorized, anyone can file an opposition within 7 months.
7. Term of Patent Protection
Invention: 20 years; for invention patents related to pharmaceuticals, pesticides or agrochemicals, the protection period can be extended for 5 years.
Utility model: 10 years,
Appearance design: The basic protection period is 5 years, which can be renewed every 5 years, and the longest period shall not exceed 25 years.
Advantages of Russian patents
1. There is a 12-month period without loss of novelty for industrial design applications in Russia.
2. Before the application for granted, the invention patent can be changed into a utility model, and vice versa, before the utility model is authorized, the utility model can also be changed into an invention patent.
3. At present, the time for issuing the first office action for a Russian invention patent has been shortened to 102 days.
Friendliness to Chinese applicants:
★★★★★
Gold content of patent rights:
★★★★
The degree of perfection of the rights protection mechanism:
★★★★
