Who is Eligible for Patent Filing Russia
Any applicant named in the PCT international application may file the national phase in Russia, including:
- Individual inventors
- Corporations and enterprises
- Universities and research institutions
- Joint applicants
Foreign applicants must be represented by a registered Russian patent attorney. Representation requires a Power of Attorney (POA), although Russia does not typically require notarization or legalization of the POA — a simple signed POA is sufficient.
Assignments from inventors to applicants are not usually required at Patent filing unless ownership must be clarified.
National Phase Filing Deadline (31-Month Rule)
Russia follows the 31-month deadline from the earliest priority date for national phase entry. This deadline applies to all required documents and fees.
Extension or Restoration After 31 Months
Russia allows restoration of rights after the 31-month deadline under a reinstatement request. The applicant must demonstrate that:
- The delay occurred despite exercising due care, or
- The delay was unintentional, depending on practice.
Reinstatement requests must be submitted promptly and are subject to official fees. Although Russia offers this mechanism, reinstatement is discretionary, and approval is not guaranteed.
Language used for Russia Patent Filing
The official language for patent filings in Russia is Russian.
Applicants must submit:
- A complete Russian translation of the specification, including claims, description, and abstract.
- Russian translation of text within drawings, if applicable
If the translation is not ready at the time of filing, applicants may file the application and later submit the translation within the allowable period. However, late translation may risk delays or objections.
Documents Required for Patent Filing Russia
To enter the national phase in Russia, the following documents are required:
Mandatory Application Documents
- Full PCT filing specification (as filed)
- Complete Russian translation of description, claims, abstract, and drawings
- Applicant and inventor information
- National phase request form
Power of Attorney
- Required for foreign applicants
- A simple signed POA is accepted
- No notarization or legalization required unless requested in exceptional cases
Assignment Documents
- Only required if Rospatent requests proof of ownership
- Otherwise, optional at national phase entry
Priority Documents
Priority documents are usually not required because they are already available through the PCT system, but Rospatent may request confirmation or translation in special cases.
Search and Examination Procedure
All Russian patent applications undergo:
- Formal examination – verifying translations, POA, document formatting, and compliance with procedural rules
- Substantive examination – Ensure Patentability Search, inventive step, industrial applicability, clarity, and sufficiency of disclosure
Russia’s substantive examination is rigorous and follows standards comparable to major patent offices.
Examination Process and Office Actions
During examination, Rospatent may issue one or more office actions, including:
- Formal office actions: addressing translation issues, missing documents, or formatting inconsistencies
- Substantive office actions: addressing patentability issues, claim clarity, subject-matter restrictions, or deficiencies in disclosure
Applicants must respond by the specified deadline. Failure to respond causes abandonment.
Deadline for Requesting Examination
Russia requires a separate request for substantive examination, which must be filed:
- No later than 3 years from the PCT international filing date
Examination does not begin until this request is made. Applicants may strategically delay examination, but failure to file the request within the deadline results in the application being deemed withdrawn.
Publication and Legal Impact
Patent applications in Russia are typically published at 18 months from the PCT filing date. Publication provides:
- Public notice of the invention
- A defensive measure against later applications
- Potential provisional protection once the patent is granted
Publication does not provide enforceable rights, but establishes transparency and prior art status.
Grant Process and Enforceability
Once all objections are resolved and the invention is deemed patentable:
- Rospatent issues a notice of allowance.
- The applicant pays grant and publication fees.
- The patent is published as granted.
After a grant, the patent becomes fully enforceable within the Russian Federation. The patent owner may:
- Prevent unauthorized manufacture, sale, use, or import
- Initiate infringement actions
- Seek injunctions and damages
- Record assignments or licenses
- Pursue customs recordal to block infringing imports
Validity Term
A Russian patent is valid for:
20 years from the international (PCT) filing date, subject to timely payment of annuities. Certain types of patents (e.g., pharmaceutical patents) may be eligible for patent term extensions under Russian law.
Typical Time to Obtain a Patent in Russia
On average:
- Formal examination: 2–3 months
- Substantive examination: 1–2 years
- Total time from filing to grant: 2 to 5 years
The timeline varies depending on backlog, complexity, and responsiveness.
Annuities and Maintenance Requirements
Annual renewal fees must be paid throughout the life of the patent.
Key points:
- Annuities are due annually starting from the international filing date anniversary
- Late payment is permitted within a grace period with a surcharge
- Late payment will lead to the loss of your rights.
Official Government Fees for Patent Filing Russia (Indicative Structure)
National Phase Filing Fees
| Fee Type | Description |
| National phase filing fee | Payable at entry into the national phase |
| Claim fees | Applied per claim above allowed threshold |
| Page fees | Applied for long specifications |
| Translation-related fees | Based on volume and formality requirements |
Examination and Grant Fees
| Fee Type | Description |
| Substantive examination fee | Payable when requesting examination |
| Grant fee | Payable upon allowance |
| Publication fee | Required for the publication of a granted patent |
Annuity Fees
| Period | Fee Notes |
| Years 1–5 | Lower range |
| Years 6–10 | Mid-range |
| Years 11–20 | Higher range |
| Grace period | Available with a surcharge |
Exact fees depend on claim count, page count, and the type of applicant.
Utility Model Protection in Russia
Russia offers a utility model registration system as an alternative to patents. Utility models:
- Have a lower inventive threshold
- They are usually granted more quickly
- Provide shorter protection (typically up to 10 years)
Utility models are suitable for incremental innovations and mechanical or physical devices.
Russia Patent Office and Official Website
Rospatent – The Federal Service for Intellectual Property
