MIKHAILYUK SOROKOLAT & PARTNERS

Patent and Trademark Attorneys

PCT NATIONAL PHASE IN RUSSIA

Entering PCT application into the Russian national phase.


General filing requirements

Deadline
The deadline for entering the Russian national phase is 31 months from the priority date. It is possible to restore a prescribed term in Russia within 12 months from the missed deadline, provided that corresponding fee is paid.

Substantive examination request
The substantive examination of the Russian application has to be requested and examination fee must be paid within 3 years from the filing date of the PCT application

Power of Attorney
Power of attorney is not obligatory document for filing and prosecution of the international application in the Russian national phase. However, it may be requested by the Russian Patent Office.

Translation of the application
International application is prosecuted in Russian language. If the international application has been filed in any foreign language the Russian translation of an application may be provided within 2 months from filing.

Amendments on the national phase
Within 2 months from filing the application no official fee for amendments of the application is stipulated. After the expiration of this term the amendments of the application can be maid provided that corresponding official fee is paid. The amendments of the application can be maid before the Decision to Grant a Patent is issued.

Maintenance of a patent
Payment of annuities is not stipulated for pending applications in Russia. The first annuities for a patent starting from the 3rd year till the year when the grant decision is issued are paid simultaneously with payment of the official grant fee. All next annuities are counted starting from the filing date and are paid before a beginning of the next year

Basic procedure of entering PCT application into the Russian national phase

After completion of filing procedure the application undergoes the formal examination within 2-3 months. On condition that the applicant submits all required documents, the notification about positive result of the formal examination is issued. On the applicant's request, which should be filed within 3 years from the filing date, the substantive examination is conducted. If the invention meets the requirements of patentability, the grant decision is issued. If the registration fee and the first post grant annuities are paid the patent is published in the Official Bulletin and the patent is issued. Term for payment of the prescribed fees is 2 months from the date of receipt of the decision.

The procedure of the invention registration lasts from 2 to 4 years.

The validity term of an invention patent in Russia is 20 years counting from the filing date.

For specific questions or a cost estimate for entering PCT application into the Russian national phase please contact us.


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