Patent

Overview

Patenting of inventions/utility models provides Patent Owner with the right to safely and exclusively apply unique technical solutions in business, including the production of goods, sales, export and making profit of alienation of exclusive rights to invention/utility model.

If desired, Patent Owner may grant other parties the right to use technical solutions by concluding a license agreement or commercial concession agreement.

Patents

PCT international patents

PCT makes it possible to protect a solution outside a single state in the most convenient, cost-effective and efficient way, since the Applicant only needs to file one “international” application with one Patent office (“Receiving office”) in one language.

International phase of the application.
The procedure for processing an international application under the PCT procedure includes two phases: international and national.
The international phase consists of three stages, which are mandatory, and two optional stages, which are carried out at the applicant’s discretion.
The mandatory stages include:

1. Filing an international application and its examination by the Receiving Office;
2. Preparation of an international search report;
3. Publication of the international application and the international search report on the website of the WIPO International Bureau (WIPO IB).

The optional stages include:

1. Preparation of a supplementary international search report by one of the International Searching Authorities other than the one that conducted the main international search;
2. Preparation of an international preliminary examination report (the publication of which is not provided) by one of the International Preliminary Examining Authorities.

National phase of the application.

The national phase follows the international phase and includes examination of the international application in each of the national Patent Offices which the application was filed to.

Eurasian patents

The Eurasian Patent Convention (EAPC) was adopted in 1995 and currently has 8 member states, including Russia. The main goal of the EAPC is as follows:

• One patent is valid in the territory of 8 member states at once;
• One application is filed and one examination is conducted in relation to one intellectual property object.

Member countries:

To obtain a Eurasian patent, it is necessary to:

• Conduct a preliminary information search to ensure that there are no registered rights to similar technical solutions;
• Prepare an application, which must include claims, description and abstract, as well as additional graphic materials if necessary;
• Pay a fee for registering the application, conducting examinations and issuing a patent;
• Documents are submitted directly to the EAPO (Eurasian Patent Organization);
• Conduct a formal examination, and then an examination of the substance of the presented technical solution;
• If the experts have confirmed all the signs of patentability of the invention, the information is entered into the register, and the applicant receives a patent.

Russian patents

In Russia, there are two types of patents for technical solutions:

• Patent for invention;
• Patent for utility model.

Technologies/methods/devices/compositions/formulations/algorithms are protected as inventions. An invention is valid for 20 years, subject to annual renewal of the patent. Inventions regarding medicines/pesticides and agrochemicals are valid for up to 25 years. The registration period in Patent office takes 7-10 months.

As a rule, devices that have a unity of technical execution are protected as utility models. A utility model is valid for 10 years, subject to annual renewal of the patent.
The registration period in Patent office takes 5-6 months.

Freedom to operate

Freedom to Operate (FTO) means you are free to use your product or service as you have planned, without incurring legal liability for this use.

Legal liability can arise from the unauthorized use of protected intellectual property (IP) owned by a third party.

Our team is capable of carrying out FTO research on products or methods in the following areas:

Countries in relation to which research is carried out:

• USA;
• Countries which are contracting states to the Eurasian Patent Convention (including Russia and Kazakhstan);
• EU countries.