MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

Patent assignment in Russia

In accordance with paragraph 2 of Article 1232 of the Civil Code of the Russian Federation the Assignment Deed shall be subject to official registration. Failure to meet the requirement on official registration shall entail the invalidity of the Assignment Deed.

According to the Russian patent legislation a request for the recordal of assignment in respect of an application may be filed only before paying the official fees for grant and for the first post grant annuities. In case said fees are paid it is possible to proceed with the recordal of assignment only after issuance of the Russian patent.

The documents required for the recordal of assignment in respect of one Russian application are as follows:

1) one original OR one notarized copy of the Assignment Deed, which should be signed and stamped by the parties with specifying authorized persons' names and corporate positions (preferably Director/CEO/Manager).

2) one original Power of Attorney from the Assignee, which should be signed and stamped with specifying authorized person's name and corporate position; notarization or legalization is not required, unless it is signed by an authorized signatory.

The documents required for the recordal of assignment in respect of one Russian patent are as follows:

1) one original OR one notarized copy of the Assignment Deed, which should be signed and stamped by the parties with specifying authorized persons' names and corporate positions (preferably Director/CEO/Manager). The Assignment Deed should be executed by the parties on the date that goes after the date of a patent issue.

2) one original Power of Attorney from the Assignee, which should be signed and stamped with specifying authorized person's name and corporate position; notarization or legalization is not required, unless it is signed by an authorized signatory.

Alternatively, under the Russian patent legislation assignment can be recorded on the basis of the Powers of Attorney only. Thus, the request for the recordal of assignment is filed along with the originals of the Powers of Attorney from both parties to the Assignment Deed without a necessity to provide the Assignment Deed itself.

Anyway, the procedure of assignment recordal in respect of an application takes about 2 months. As soon as the assignment is recorded an Official Notification on assignment is issued. The procedure of assignment recordal in respect of a patent takes about 2-3 months. As soon as the assignment is recorded an Official Notification on assignment and a Supplement to the patent are issued.