Can the priority right of utility model application in Russia be restored?

Submitted by 页之码 on

Reinstatement of priority is accepted on grounds of "due care".

专利申请流程

    • via Paris Convention : 12 months from earliest priority date.
    • via Nationalization of PCT : 31 months from earliest priority date.
    • via Paris Convention : 6 months from earliest priority date.
    • Hague Agreement route: 6 months from earliest priority date.
  • ROSPATENT conducts formal and substantive examinations of invention patent applications. After ROSPATENT conducts formality examination for about 2 months, the applicant/anyone should submit a request for substantive examination within 3 years from the date of application, and this period can be extended for 2 months upon request. will be deemed withdrawn. However, the applicant may file a request for reinstatement within 12 months, subject to the payment of a late fee and proof of special circumstances. Third parties are allowed to provide comparative documents that have a negative impact on patentability assessment. Active revision requests can only be made once.

  • 12-18 months

  • Filing Language: Russian

    via Paris Convention via Nationalization of PCT

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Necessary documents:

    1. Abstract
    2. Abstract Drawing
    3. Claim
    4. Specification
    5. Drawing

    Attachments (if any)

    1. Sequence Listing (PDF format and TXT format)
    2. Microorganism deposit certificate and its Russian translation
    3. Microorganism Survival Certificate and its Russian translation
    4. Certified Priority Document
    5. Declaration of Ownership/Certification of Employment/Assignment of priority
    6. Assignment for Patent Right Transfer
    7. Notification issued by CNIPA notify the applicant the application has passed through the security review

    Attachments (if any)

    1. WIPO Publication
    2. ISR/IPRP
    3. Entering the Russian national phase 19/28/34/41 amended
    4. Sequence Listing (PDF format and TXT format)
    5. Microorganism deposit certificate and its Russian translation
    6. Microorganism Survival Certificate and its Russian translation
    7. Declaration of Ownership/Certification of Employment/Assignment of priority
    8. Assignment for Patent Right Transfer
  • 20 years, inventions of pharmaceuticals, agrochemicals and pesticides can enjoy a maximum patent term extension of 5 years.

  • yes. The applicant can request to change the patent type from utility model to invention before the patent is granted.

  • Grant fee: The applicant should pay the granted fee, registration fee and first renewal fee within 2 months after receiving the granted decision.

    Annuity: From the third year onwards from the date of application, it shall be paid year by year. The renewal fee should be paid within the last year of the current 5-year validity period, and the annual fee can be paid within a grace period of 6 months if the annual fee is overdue, and a 50% penalty must be paid at the same time.

  • Filing Language: Russian

    Necessary documents:

    1. Exterior Design Picture (Six Views)
    2. A Brief Description

    Attachments (if any):

    1. Certified Priority Document
    2. Declaration of Ownership/Certification of Employment/Assignment of priority
    3. Assignment for Patent Right Transfer
  • Russian Federal Office for Intellectual Property

    English: Federal Service for Intellectual Property, ROSPATENT

    Website: rospatent.gov.ru

    Russian invention patent search: Home (fips.ru)