International patenting in Russia

In international patenting, the foreign PP fee and the state duty are paid by the customer directly to the recipient, not through us, which ensures the transparency of the procedure.

The goal of many companies is the sole distribution of unique goods in the Russian Federation and in foreign countries. The international patenting of technical articles and industrial designs makes it possible to secure the author's priority to obtain investment, manufacture, and sale.

Trade organizations have the most advantageous position on the market if they formalize the protection of intellectual property under the domestic and foreign procedure. If the right to obtain priority is not assigned to the inventor, there is a high risk that innovative utility models will be used by foreign competitors. As a result, the author will lose a significant part of the profit.

Obtaining a patent abroad is a complicated multi-step procedure that requires time and substantial financial investment. There is no single international patent in the world. There are several special patent systems for copyright protection, which are supported by a certain number of countries.

International patent registration

The initial stage of securing exclusive rights to technical solutions is the filing of an application for a patent in the Russian Federation. Then within 12 months (but after the start of substantive examination on the application) organizations intending to make an international patent can:

• Protect the novelty of the invention on the territory of certain foreign countries.
• Use a special patent system (Patent Cooperation Treaty, European or Eurasian patent). Different requirements are imposed on applicants with innovative ideas.

International patenting is an official registration of the exclusive rights valid on the territory of a group of foreign states. If the author does not apply for registration of priority for the invention within 1 year from the date of sending the patent application to the Russian Federation, he loses the opportunity to obtain a document on foreign protection of the proposed object.

It is worth engaging qualified attorneys to conduct international or national patenting. Specialists who know the language perfectly well and understand the foreign legislation will ensure comprehensive protection of intellectual property.

Having studied the client's situation, the lawyers will be able to offer the most profitable and fastest option for registering the author's rights. The attorney will independently conduct all legal procedures and represent the interests of the client in Russian and foreign patent offices.

Ways to register a patent

Inventors can register their priority intellectual property rights by registering:

• PCT Patent. Issued at the WIPO organization. The application is filed within 12 months from the date of receipt of a similar application in the Russian Federation. WIPO PCT applies a simplified registration procedure. This model of international patenting is recognized in 146 countries of the world. Registration under the PCT allows obtaining foreign patents in several states at once.

It is supposed to be mandatory to obtain a national patent. The procedure is the most convenient. Authors can file an application in the Russian Federation and then go through the international registration. There is a possibility to submit the application to the domestic office after applying to WIPO. When filing the application it is necessary to pay a registration fee of 1330 Swiss francs, a fee for sending the documents, which depends on the receiving office (Rospatent - 1700 rubles) and the search fee, the amount is also different and varies from 50 to 2000 Swiss francs depending on the organization (if Rospatent does the search, the amount of the fee will be 8500 rubles). The amount of the fees in the national phase of the application depends on the countries chosen by the applicant to obtain protection.

European Patent. Gives the author of a new utility model or invention priority rights, which are confirmed on the territory of European states in those countries for which protection is sought. Individuals do not have to go through the national patenting procedure, obtaining documents in each of the countries that have joined this intellectual property rights confirmation scheme.

The convenience of the method is that the author can draw up and submit an application in English, German or French. The process of obtaining a patent takes 3-5 years, depending on the type of invention.

It is important to note that this patent is not valid throughout Europe, but only in those countries in which protection was applied for. When filing the application, a fee of 1610 euros must be paid, subsequently a fee for the designation of contracting countries - 610 euros, a fee for examination - from 1700 euros, as well as a fee for granting protection depending on the number of claims in the claims. After obtaining the patent within one month it is possible to file a request for the Single European Patent, valid in the territory of 25 EU countries. The request can be submitted in the language of the original filing, but the application itself is translated into the other two official languages.

• Eurasian patent. . Valid for CIS countries. Patent applications are accepted even from organizations located outside the Eurasian Treaty member states. There are 8 countries participating in the Eurasian Treaty: Russia, Belarus, Kazakhstan, Kyrgyzstan, Turkmenistan, Azerbaijan, Tajikistan, Armenia. It is possible to send a patent application to the national office located on the territory of the Russian Federation. The term of the document certifying the rights of the inventor is 20 years. The fee is 50,000-60000 roubles.

Why patent abroad

Patenting of industrial or technical solution, design objects, innovative utility models in foreign countries is necessary for the purpose:

• Secure legal protection of intellectual property.
• Settlement of the sole right to supply equipment abroad, the sale of licenses for the use of advanced technology.
• Protecting the rights of the author in case of unfair competition, establishing the fact of patent infringement.
• Creation of joint ventures with foreign partners, scientific and technological cooperation with foreign corporations.
• Setting the right price for exclusive products. The cost of production includes the cost of exports.

Problems of patenting abroad

The international patent system has its own peculiarities, which must be taken into account when filing an application. If the procedure is conducted without language and legal training and experience in interacting with specialized offices, inventors risk significantly slowing down the process and incurring serious financial losses.

Among the main difficulties encountered when applying for a patent, it is worth noting:

• The lengthy and time-consuming process requiring the preparation of a voluminous set of documents to prove the novelty and uniqueness of the invention.
• lack of time to apply to foreign patent offices.
• Collisions of legal regulation. Only lawyers with many years of experience in patent activity can understand complex and intricate rules of law of foreign countries.
• Lack of appropriate language training. The drafting of the patent application and interaction with the authorized offices is conducted in foreign languages.
• Invalid formation of a package of documents to prove the uniqueness of the invention, mistakes in drafting the application, inability to prove the serious difference between the new idea and its analogues.
• The need to obtain a large number of expensive licenses. If certain countries do not participate in the patent registration agreement, the inventor would need to apply for a national patent privately. This is time-consuming and has high monetary costs for additional fees.

To reduce the risk of rejection of a patent application, it is necessary to seek legal assistance from competent professionals. Experienced patent attorneys provide professional advice and assume responsibility for full project support.

Patenting abroad - advantages

The procedure for confirming authorship in foreign countries offers inventors a number of indisputable advantages. Among the main advantages of international patenting are:

• Effective protection of exclusive rights to intellectual property. The ability to defend their commercial interests in interaction with foreign partners and competitors.
• Extended patent protection possibilities. The author receives a guaranteed protection not only in Russia, but also within the countries-participants of the agreement, according to which the procedure of technical solution patenting was carried out.
• Possibility to speed up the process of copyright protection. With the filing and approval of a single application the inventor confirms his priority rights in several states at the same time. It is possible to speed up the process of copyright protection.
• The availability of sufficient time to apply to foreign offices. According to the current legislation subjects have 1 year from the date of sending the patent application in Russia to confirm priority rights abroad.

Our Services in Russia and abroad

The firm of patent attorneys Prof-Patent provides qualified services for the protection of inventions and industrial property objects at an affordable cost. Experts in intellectual property protection are engaged in full support of projects, providing:

• Detailed explanation of existing legal procedures.
• Professional translation of legal documentation.
• Collecting evidence of uniqueness of technical solution.
• Compiling and submitting an application for confirmation of author's rights at the patent offices of the Russian Federation and any foreign countries.
• Paying the required fees.
• Receiving documents confirming the protection of the inventor's rights.
• Presentation of the client before various domestic and foreign authorities.

For more information about services, you can leave an electronic application or contact our operator at 8-800-700-12-82.