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The National Phase of PCT applications in Russia

Entry into the National Phase in the Russian Federation may only take place if Russia is selected in the priority PCT patent application.

The time limits for entry into the National Phase are: 31 months from the priority date (under art. 39(1) PCT). A request for grant of patent is to be filed in Russian prior to the expiration of the said term. At a written request of the applicant the National Phase may be started prior to the expiration of the said term.

The following materials are required for entry into the National Phase: Specification, Claims, Drawings with any text matter required and Abstract (if any of those parts have been amended, only as amended; if the National Phase entry is effected under art. 39(1) the amended version is to be submitted as annexed to the International Preliminary Examination report). The translation of the said materials into Russian is to be submitted within two months of the expiration of the term indicated in art. 39(1) PCT. Errors in the translation of the international application can be corrected with reference to the text of the original international application as filed.

A patent is granted only after substantive examination of the application. The said examination is conducted at the request of the applicant or a third party. The examination is to be requested within three years of the international filing date. This term can be extended on the applicant's request on condition that good reasons are provided for missing the fixed term and a corresponding fee is paid.

Within two months of entry into the national phase the applicant has a right to amend or correct any element of the international application on his own initiative. The amendments or corrections should not modify the subject matter of the claimed invention or utility model beyond the original disclosure. After the expiration of the said term these amendments or corrections may be introduced only on condition that the required fees for amendment are paid and only until the final decision based on the results of the substantive examination has been taken.

If the applicant wishes to obtain a utility model registration instead of a patent on the basis of an international application this must be indicated in the international application (in Box No. V of the filing request) when filed. If the international application is for a utility model, the requirements are basically the same as for a patent except that the applicant is not required to file a request for substantive examination.

The applicant may, prior to the publication of the patent application, convert the said application into a utility model application by filing a request to that effect. A utility model application may be converted into a patent application at any time before the decision of grant is taken. The converted application retains the priority date of the initial application.

Special requirements of the Patent Office (Rule 51bis PCT): assignment of the priority application where the applicants are not identical; appointment of an agent if the applicant is not resident in the Russian Federation.

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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