Protection of intellectual property abroad in Russia

The regime of legal protection of intellectual property is established after passing the procedure of patenting or registration of a trademark. You can apply for a patent / certificate for a trademark at the national or international level - in the second case, you need to specify in which foreign countries the protection of exclusive rights is sought. The firm of patent attorneys Prof-Patent will provide a full range of services related to the execution of documents and the passage of the procedure for patenting abroad.

Options for legal protection of intellectual property rights

The possibility to protect exclusive rights outside the Russian Federation is related to filing an application in one of the following ways:

• through the patent offices of a foreign country - in this case, all actions should be carried out through the patent attorneys accredited in the country of filing;
• in the framework of the Eurasian Patent Union - through the service of Rospatent, after filing an application under the legislation of the Russian Federation;
• Within the PCT system (for the states that have joined the Patent Cooperation Treaty) - through the service of Rospatent, after the registration of the national application and establishment of the convection priority.

Prof-Patent specialists will help you choose the best option for patenting and further protection of your rights. We will prepare all the necessary documents, file an application through FIPS or foreign patent attorneys, and provide other services to protect your interests.

Foreign patenting procedure

The rules for filing and consideration of an application for a patent are fixed in the international acts, or in the legislation of a foreign country. Let us highlight the main stages to be passed by a patent applicant:

• preliminary patent search in the registers of registered rights and applications - our specialists will carry it out as soon as possible and, if necessary, will help to clarify the description or claims of the object;
• application preparation - its content includes application for examination and registration of rights, claims and description of the object, abstract, graphical materials;
• Payment of the state duty for conducting expert examinations, registration of rights and granting of a patent;
• conducting expert examinations on the basis of the submitted documents and for confirmation of patentability features;
• registration of rights in registers, publication of information in official sources of information, issuance of a patent.

If the application is submitted through a national office, all documents can be submitted in Russian. Subsequently, for the examination, it will be necessary to submit similar documents in English. Also, the patent applicant must decide on the list of countries in the territory of which legal protection will apply. Depending on the number of states, as well as the claims of the subject matter, the amount of fee will depend.

From the moment of registration of the application, the Convention priority is established. This means that when claims of similar intellectual property objects are considered, priority will be given to the earlier application. This will make it possible to achieve protection from competitors or other patent applicants already at the stage of confirming the patentability of the features.

What does the legal protection regime include

After registration of the application and obtaining a patent, intellectual property rights protection abroad extends to the following areas:

• the possibility of judicial protection from the claims of competitors, applicants for a patent;
• the right to use the results of intellectual property at one's own discretion, including for production, manufacture of products, provision of services, etc;
• the right to compensatory alienation of exclusive rights in favor of other persons;
• the ability to temporarily transfer the rights to a patent to one or more persons under the terms of license agreements;
• the right to compensation for losses, damages for each case of unauthorized use of the rights or violation of the terms of the contract.

The protection applies only to the territory of the countries that the applicant indicated when submitting the application. Therefore, it is necessary to consider in advance all options for the development of own production, expansion of the sales market, and opening a business outside the Russian Federation. In order to maintain the intellectual property protection regime it is necessary to confirm one's rights by regular payment of state duty.

Our Services in Russia and abroad

Experienced patent attorneys and lawyers of Prof-Patent will help you register your rights and protect your interests abroad. We cooperate with patent attorneys of foreign countries on a permanent basis and will draw up any documents for registration, use or disposal of rights. We will provide support for each fact of exclusive violation of patent rights in the collection and registration of evidence, the calculation of the amount of damages. recovery of compensation through the courts.

To learn more about the terms of cooperation with our specialists, consult us. To do this you will need to call by phone listed on the website or leave your questions in the feedback form.