The Patent Law regulates relations arising in connection with legal protection and use of inventions, utility, models and industrial designs. Its provisions correspond to International Treaties on harmonization of patent legislation. Therefore, many of its provisions are similar to those in force in the majority of industrially developed countries.
In Russia examination on merits is conducted to confirm patentability of an invention. The Law grants legal protection to invention provided it is new, possesses an inventive step and is capable of industrial application. With regard to novelty, the Applicant has a six-month grace period from the date of public disclosure of information which further application includes.
The Applicant has a right to defer examination proceedings for three years from the filing date of the application. After 18 months have passed from the filing date, the Patent Office publishes information on the application.
Protection is provided for all technical solutions related to product or process with the exception of those which traditionally are not regarded as inventions - discoveries, scientific theories and mathematical methods, methods and rules of playing games, performing mental acts and doing business, programs for computers, topographies of integrated circuits, plant varieties, animal breeds and solutions consisting only in presentation of information.
Protection extends over practically all actions related to commercial introduction of invention: making, using, importing, offering for sale, selling and any other introducing into business activity or storing for these purposes a product which includes patented invention.
Exclusive rights in respect of a method are supplemented by rights in respect of a product directly made by the patented method. Therefore, the new product shall be considered made by the patented method unless proved otherwise, i.e. in such case absence of patent infringement shall be proved by an assumed infringer. The duration of a patent term is 20 years, however the patent term can be extended for additional five years for inventions related to medical preparations, pesticides or agrochemicals which use requires obtaining a permission from governmental agencies.
Duration of a patent may be re-established within three years from expiration of date for payment of patent annuity fee in case latter was not paid within a statutory time limit.