INTELLECTUAL PROPERTY LAW - WORLDWIDE

INTELLECTUAL PROPERTY LAW - WORLDWIDE

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  • Dr. Anastasiya Kröpfl
    Dr. Anastasiya Kröpfl    Premium Member
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    The Russian Specific of the Patent Law
    Well, dear group members, I am no the patent law expert and I can hardly explain the Russian Specific within the legal field. However, decided to focus on the patent search study and that is what I found:

    The Russian patent specific:
    A patent for an invention is the grant of a property right to the inventor.
    -In general, the term of a new patent is 20 years.
    -Patent grants are effective only within the country territory.
    -Under certain circumstances, patent term extensions or adjustments may be available.
    The Source: http://www.patentarea.com

    In Russia one is free to apply for a patent of a product having for a long time been supplied to the Russian market by western manufacturers. All the claimant has to do is to present a descriptive document of the product's trade dress and characteristic features. If the product's producers haven't bothered to register the item at the Russian Agency for Patents the claimant's application is likely to be met.

    At that rate the “inventor” has all the chances to take advantage of blackmailing entrepreneurs and sellers. This judicial paradox is frequently taken hold of by businessmen, as it is, firstly, a quality weapon in the competitive struggle, secondly, an effective instrument of tax optimization. Anyway, queues to the Russian Agency for Patent and Trade Marks are only getting longer with every passing year.

    The Russian legislation implies two variants of patenting: granting a patent for a design invention and a useful model. The difference is that useful models must demonstrate the disclosure of new devices and design inventions present their original trade dress and aesthetic effect. These are the criteria to be followed when choosing the first or the second type of legal safeguard. Even specialists are confused at making a choice. As for unfair applicants, they purposefully place their stake on the useful model, as it is much easier to patent and there is no need to conduct an examination for novelty. Moreover, the Russian Agency for Patents frequently has no information on whether the similar invention exists somewhere in the world; experts are unlikely to bother themselves with studying it out.

    However, the main distinction between the US or European laws and the Russian ones is that the latter don’t sanction taking unfair patents, that is why in Russia it is one of the best ways to compromise a competitor: a person starting and losing an action has to recompense huge expenses, but in our country impunity whips up unfair patent holders.
    The Source: http://www.russia-ic.com/business_law


    According to patent office statistics, there are high numbers of patent applications that are not granted. The reason why 100% of patents are not granted is primarily due to rejections that arise in the patent review process. There are many reasons a patent request may be declined, but the most common reasons for rejection are (1) there is prior art, (2) a similar patent is already granted, or (3) that the invention is not new.

    The reason to have the patent:
    If your invention has market potential and you think that another company could make profits from your invention, you need protection from a patent.
    -A patent gives you the right to exclude others from making your product.
    -As a patent gives exclusivity, the patent holder has time to market the invention without competition making him/her able to charge higher prices.
    -It gives the right to initiate legal action against anyone that is making or selling, without permission, the patent holder invention.
    -You can make money by licensing or selling your invention to someone else.
    -It gives you priority over third parties wanting to register their patents in countries that do not require registration.


    The Amendments in the Russian Patent Law:
    1. Possibility of an extension of the patent term by a maximum of five years for patents relating to drugs, pesticides or agrochemical products to compensate the patent owner for the period in excess of five years during which marketing of the product was delayed by the need to obtain marketing approval from a government agency. Applications for patent term extension must be filed within six months of the grant of the patent or six months of the grant of marketing approval if this occurs after the patent has been granted.

    2. The definition of a patentable invention has been modified specifically to exclude the grant of patents for computer programs.

    3. Provision of a definition of what is an equivalent for application of the doctrine of equivalents when determining patent infringement as being a feature known to be an equivalent of a specified feature of an independent claim before the act of infringement.

    4. Amendment of the law relating to compulsory licensing by now requiring that applications for such licenses must be made in court and providing that the patent owner has the right to seek termination of a compulsory license once the situation that gave rise to the need for the license has ended and is unlikely to recur.
    The Source: http://www.ladas.com

    Thank you,
    Regards,
    Anastasiya
    • 27 Jan 2010, 10:59 am