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FILING A PATENT APPLICATION

Languages

Official application form is filed in Russian. Other materials might be presented in other languages, but translation into Russian must be presented together with the application ( Art 15).

Note: The original text of a patent application in a foreign language (and not the text of the Russian translation) is considered to be the actual application material. A foreign applicant can always request for corrections based on the original text.

Priority

Priority is established by the date of receipt of the application by the Patent Office.

Convention priority according the Paris Convention is also provided (Art. 19). In addition to the usual 12 months term from the date of filing of the original patent application, filing of an application with a claimed priority is possible in Russia after expiration of the said term, provided the applicant can denote unavoidable circumstances that did not allow him to file the application in time.

The Russian legislation provides an additional month for entering the national phase of PCT applications, containing designation of the Russian Federation. Thus the total period for initiating of national phase makes up 31 month from the date of filing of the initial application.

Corrections and amendments

Corrections and amendments into applications could be introduced within 2 months after filing the application. Amendments could also be introduced later after payment of the corresponding fee, but prior to the decision of the substantive examination (Art. 20).

Novelty grace

Publicly accessible information obtained from the author does not violate novelty, provided the application has been filed with the Patent Office within 6 months after disclosing the information (Art 4).




The Russian Patent Office is currently developing a draft of the Law “The amendments to the Russian Federation Law “On trademarks, service marks and names of goods’ origin”.
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Draft Law concerning amendments and supplements to the Russian Federation Patent Law of 23 September 1992 ¹ 3517-1
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