Ruspatents LLC

Marshala Katukova str., d.24, korp.6, pom.I, komn.101
123458 Moscow, Russian Federation
Phone: +7-9854813925

 

 

November 11, 2016 - ‘Black Friday’ trademark registration objection rejected by the RUPTO

November 9, 2016 - Russia and China to join efforts on intellectual property protection

October 21, 2016 - Kalashnikov’s heirs to oppose the ‘AK-47’ trademark in Russia

October 20, 2016 - Russian Patent Office to set limits on the number of patent filings in Russia

October 12, 2016 - Russian Patent and Trademark Office refused an appeal against the MTS trademark

October 6, 2016 - Patent filing in Russia – Provisional patent applications to be admitted soon

October 4, 2016 - A new IP mega authority to be created in Russia

October 3, 2016 - Russian Intellectual Property Court to consider objection against an appeal by Yuri Gagarin’s daughter

October 2, 2016 - New trademark opposition procedure to be adopted in Russia

September 26, 2016 - RUPTO (Rospatent) refused an appeal by Volkswagen against registration of a Chinese company’s brand

September 23, 2016 - RUPTO (Rospatent): ‘Patent analytics is a must for the economy of tomorrow’

August 22, 2016 - Apple’s objection against the ‘Plush Apple’ trademark registration partially accepted by the RUPTO

August 3, 2016 - A major Russian retailer’s whisky trademark application refused by the RUPTO

July 29, 2016 - The RUPTO is rumored to increase the patent and trademark state fee amounts in Russia by 2-3 times

July 28, 2016 - The RUPTO to recognize Red Bull as a famous trademark in Russia

July 25, 2016 - Instagram trademark registered in Russia

Patent Filing in Russia (PCT National Phase)

Our Russian patent attorneys provide comprehensive and full legal support at all stages of the national phase in Russia under the PCT procedure, including preparing the initial set of documents to be filed with the Russian Patent Office (Rospatent), handling state fees, and prompt reporting on the actual status of our clients' patent applications. Please see the sections below to familiarize yourself with general information on the filing procedure.

Download our Schedule of Fees
(incl. both Professional and State fees)

On rush (last day) filings, please see the Frequently Asked Questions section below.

General Procedure

The PCT process comprises two major phases referred to as the "international" and "national" phases.

 

The international phase begins with filing a PCT application with the patent office of an applicant's home country. This filing allows the applicant eventually to obtain a patent in any member country of the PCT, including Russia. During this phase, the PCT application is subject to an international search procedure, performed by one of the International Searching Authorities, resulting in a Search Report and Written Opinion being provided to the applicant. These documents contain a preliminary evaluation of the patentability of the invention. At this point, the applicant can amend the application to modify the scope of its claims, if necessary.

 

If the applicant decides to continue with the application, it is possible to proceed to the second phase (i.e., "the national phase") of the PCT process immediately by filing the application with the chosen national patent offices.

 

In Russian Federation, the application must be filed with the national patent office within a 31-month period after the priority date (or after the initial filing date, if there is no priority).

 

Prior to filing the PCT application with the Russian Patent Office, the applicant is required to prepare a set of the following documents:

 

  • Patent application, including Description, Examples, and Claims sections (in Russian)
  • Figures and amino acid sequence listings (in Russian, if any)
  • Substantive examination request
  • Request to grant a patent
  • Confirmation of the state fee payment
  • Executed Power of Attorney

 

The examination procedure consists of two consecutive stages, i.e., formal and substantive examination.

 

During the formal examination, the PCT application is checked for meeting certain formal requirements, such as overall text structure and consistency of its claims. At this stage, the applicant may be suggested to make certain amendments or provide additional documents to the Russian Patent Office. Formal examination usually takes up to 6 months and, if successful, results in the application passing to the substantive examination stage.

 

During the substantive examination, all sections of the PCT application undergo thorough analysis and review. The Russian Patent Office always issues at least 1 office action for each PCT application at this stage to clarify certain application-related matters or receive additional information from the applicant. In some particular cases (such as overcomplicated claims or extraordinary complexity of the application), there may be 2 or even 3 office actions issued. Substantive examination usually takes 6-18 months and, if successful, results in a patent grant.

Cost

Filing a PCT application in Russian Federation requires payment of certain professional and state fees, depending on several factors, such as the total number of claims, the number of independent claims, etc. Also, several additional state fees may become necessary at some point in the examination procedure. Please note, that the state fees are to be paid in Russian Roubles only. The corresponding USD amounts are shown for the reader’s comfort only and may vary slightly, depending on the actual exchange rates on the date the payment is made.

 

Service

Professional fee (USD)

State fee (USD)

Filing a patent application under the PCT procedure in Russia (with a substantive examination request)

$1100

$27 + $4/claim over 25 claims + $4 for each part of the application not subject to international patent search or international preliminary examination

Substantive examination of a patent application filed under the PCT procedure in Russia

 

$41 + $32 per each independent claim over 1 (but ≤10) + $56 per each independent claim over 10

Transferring an existing patent application to Ruspatents LLC and filing a correspondence address change claim with the RPO

$200

 

Scanning and forwarding copies of mail correspondence

free

 

Fixing a multiple claim dependency

Please inquire
(usually up to $500 depending on the text volume and complexity)

 

Reviewing draft responses to office actions composed by the applicant and filing thereof with the RPO

Please inquire
(usually up to $1000 depending on the text volume and complexity)

 

Composing responses to office actions made by attorney and filing thereof with the RPO

$150/hour

 

Filing additional documents with the RPO (translations, priority copies, claims, etc.)

$200

 

Patent registration and obtaining patent certificate from the RPO

$200

$54

Annual prolongation of a patent

$200

3rd year - $14

4th year - $14

5th year - $21

6th year - $21

7th year - $27

8th year - $27

9th year - $41

10th year - $41

11th year - $61

12th year - $61

13th year - $81

14th year - $81

15th year - $101

16th year - $101

17th year - $101

18th year - $101

19th year - $135

20th year - $135

21st year - $200

22nd year - $200

23rd year - $200

24th year - $200

25th year - $200

Handling state fee payments (if done on the client’s behalf)

$25

 

For a full list of state and professional fees, please refer to our Schedule of Fees or contact us to receive an accurate estimation for your particular case.

Frequently Asked Questions

- There is only 1 day left to file my PCT application in Russia, and I have no Russian translation. Is it possible to file it, anyway? - Yes, it is absolutely possible to file an English copy of your application on the last day of your 31-month period and provide a Russian translation within a 2-month period after the filing, though it will require payment of additional state fees. Please contact us to discuss your case in more detail.

 

- Can I file my PCT application with the Russian Patent Office myself? Do I need a Russian patent attorney? - According to the Part IV of the Russian Civil Code (which covers IP legislation, thus effectively serving as the Russian Patent Law), foreign applicants must have a licensed Russian patent attorney to conduct any correspondence with the Russian Patent Office, including filing patent applications, responding to office actions, etc.

 

- How do I pay state fees? - All state fees are to be paid in Russian Roubles only. We usually handle these payments ourselves and inform our clients of any state fees that are due or may become necessary in future.

 

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