– Part IV of the Civil Code of the Russian Federation, effective since January 1, 2008, amended as of June 13, 2023.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of state registration of inventions and issuance of invention patents, duplicates thereof, effective since June 19, 2021.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of renewal of validity period of exclusive right to invention and to patent certifying this right, effective since December 14, 2021.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of validity period restoration for invention, utility model or industrial design patents, effective since December 14, 2021.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of including amendments to State Registers of inventions, utility models, industrial designs of the Russian Federation and also to invention, utility model, design patents, effective since December 22, 2022.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of early invalidation of patents for invention, utility model, industrial design as well as invalidation of the legal protection of trademarks, service marks and invalidation of certificate on exclusive rights to appellations of origin of goods to be performed upon a proprietor's request, effective since October 4, 2020.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of consideration of the application of the right holder for granting any person the right to use an invention, utility model or industrial design (open license), petition for withdrawal of an application for an open license, effective since December 14, 2021.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of court decisions publication on infringement of exclusive rights, effective since November 23, 2015.
– The Administrative Regulations for rendering by the Federal Service for Intellectual Property of the public service of familiarization with application documents for issuance of invention, utility model, industrial design patents and issuance of copies of such documents, effective since October 26, 2015.
– The Rules on consideration and resolving by the Federal Service for Intellectual Property of disputes in the course of an administrative procedure, effective since September 6, 2020.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since July 1, 1965.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 26, 1970.
– Strasbourg Agreement Concerning the International Patent Classification (March 24, 1971), since October 3, 1976.
– Patent Cooperation Treaty (PCT) (June 19, 1970), since March 29, 1978.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (April 28, 1977), since April 22, 1981.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), in force since May 31, 1992.
– Eurasian Patent Convention, since September 9, 1994.
– Patent Law Treaty, since August 12, 2009.
– WTO’s TRIPS Agreement, since August 22, 2012.

Applicant: the inventor(s), any natural person or legal entity. 

Foreigners: a foreigner, who is the author of an invention, may enjoy the rights specified in the laws on an equal footing with citizens of the Russian Federation. He must appoint a Russian patent attorney. 

Notion of the invention: any new technical solution of a problem related to a product or a method, including those relating to the use of a product or a method for a certain purpose, which has novelty, inventive step and is industrially applicable.

  Application: the application must concern a single invention only or a group of inventions so linked as to form a single general inventive concept. An invention is a technical solution in any field relating to a product (in particular, a device, a substance, a strain of a microorganism, a culture of plant and animal cells) or a method (a process of performing operations over a material object with help of material means). 

Naming of inventor(s): the inventor(s) must be named. The inventor(s) may refuse to be mentioned in the publication. 

Scope of protection: is determined by the claims. The specification and drawings, and 3D models in electronic form, may only be referred to for their interpretation. 

Property: the exclusive right to the invention belongs to the owner of the patent. 

Confirmation patents: not provided for. 

Exceptions to protection: discoveries,scientific theories and mathematical methods; solutions pertaining to only the exterior appearance of products and directed to serving aesthetic needs; rules and methods of games, intellectual and economy management; solutions comprising only presentation of information; computer software; topographies of integrated microcircuits; varieties of plants, breeds of animals and biological methods of preparing thereof, i.e. methods fully comprised of hybridization and selection, except for microbiological methods and products prepared by said methods; methods of cloning human subjects and human subject clones; methods for modifying the genetic entirety of human embryo line cells; using human embryo for industrial and commercial purposes; other proposals contrary to public interest or to the principles of humanity and morality. 

Subject matter: (1) a product (an apparatus, a substance, a strain of microorganism, a plant or animal cell culture (line), a genetic make-up): (a) an apparatus – structures and products; (b) substances may comprise in particular: chemical compounds, including nucleic acids and proteins; compositions (formulations and mixtures); nuclear transformation products; (c) strains of microorganisms: patents are granted for strains of microorganisms, in particular for bacterial strains, viral strains, bacteriophage strain, micro-algae strains, microfungal strains, consortiums of microorganisms; (d) plant or animal cell lines include cell lines of tissues, organs of plants or animals, consortiums of corresponding cells; (e) genetic structures in particular include plasmids, vectors, stably transformed cells, transgenic plants and animals. 

Subject matter: (2) a method which is a process of performing operations over a material object using material means. Patents are granted to processes for cultivating strains. The claims must contain the generic and specific names of the strain in Latin language, the name of the author (authors) of the strain, the name of the international depositary authority and the accession number given by the international depositary authority to the deposit if the strain is deposited, and the intended purpose of the strain. The mixtures of microorganisms may be under patent protection.

Novelty: the prior art consists of all kinds of data generally available in the Russian Federation or in foreign countries.  Grace period: disclosure made by the inventor or the applicant six months before the filing date is not damaging the patentability.

Priority: the priority date of a non-Convention application is the date of receipt of the application by the Patent Office. It is consequently of great importance that this date be as early as possible. 

Convention priorities: both multiple and partial priorities possible.

Territory covered: the territory of the Russian Federation.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney (submitted by a separate request of the Patent Office, if the matter is handled by a patent attorney) (no notarization for almost all European countries, Canada, Japan, and U.S.A.; notarization or legalization is required from countries which require such a legalization in their national law);
2. 2 copies of the specification with claims and abstract;
3. 2 copies of the drawings, if necessary, size 21 x 29.7 cm;
4. Priority document, if necessary, with a certified translation in English, French, German or Russian;
5. Priority assignment document if the Convention application is filed by another applicant.

Filing without power of attorney: possible; must be filed within two months from the date of receipt of the official request (if such request will follow). 

Filing without claims: possible; claims must be filed later in response to the official request.  

Filing without any requirements (telegraphic order): not possible. 

Filing with late claiming of the Convention priority: possible, within two months of the application date. 

Filing in a foreign language: possible, the translation into Russian must be filed within a two-month period after application filing date (for PCT applications two months from the national phase entry deadline) and in response to the official request.

First filing requirement: only for inventions created in the Russian Federation. 

Electronic filing: possible. 

Electronic signatures: are accepted. Scanned copies of wet (manual) signed documents are also accepted, however, the original must be sent at a later date.

PCT applications: time limit for entering the national phase under both Chapter I and Chapter II: 31 months. It is possible to voluntarily amend the claims for national phase entry of PCT applications. Late national phase entry is possible through reinstatement procedure according to Art. 49.6 of the PCT Regulations.

If designated/elected for a Eurasian regional phase, applicable time limit: 31 months (Chapters I and II).

For a change of name or address: an original extract from the Commercial Register confirming the change of name or address, no legalization required.

Amendment of application: amendments to the claims, including voluntary amendments, are allowed to be made only in response to Office action, but before the issuance of the final decision of the Patent Office, insofar as the substance of the invention is not changed.  

Claims: any amendments to the claims are allowed within the scope of original disclosure. The fee is charged only for adding a new claim, independent or dependent one, upon expiration of a two-month period from the application filing date. A dependent claim having multiple dependency cannot serve as a basis for other dependent claims with multiple dependency. 

Division: possible; annuities are counted from the division filing date.

Formal examination: is carried out after establishing the filing date.

Publication: after eighteen months from the date of filing the invention patent application, if the formal examination is passed successfully, information concerning the application is published and becomes accessible to the public. 

Substantive examination: has to be requested by the applicant at any time during three years from the filing date (for PCT applications: the international filing date). In the case of excusable reasons, this term can be extended by two months on a petition filed prior to expiration of said three years. A third person may also file such a request. Each application filed is examined as to novelty, inventive step and is industrially applicable. 

Inventive step: an invention is considered to be characterized by inventive level, if it cannot be explicitly derived, by a person skilled in the art from the state of the art. Prior art includes any information which became publicly accessible worldwide before priority date of invention. An invention is industrially applicable if it can be used in industry, agriculture, public health or other branches of the economy or social sphere. 

Accelerated examination: possible, including using the Patent Prosecution Highway (PPH), Global Patent Prosecution Highway (GPPH) or with regard to applications that pertain to developments of technologies directed to inactivation of viruses and virally induced diseases (pneumonia); there is the possibility of receipt of a first Office Action issued by the Examining Authority not later than within two months, as compared to the regular period, provided that an extra fee has been paid and examination request has been filed along with filing application. 

Responses and objections: the applicant may submit to the Examining authority additional explanations in response to intermediate decisions of the Patent Office within a three-month period after mailing an Office action or within six months from the date of the notification on patentability. No responses provided when issuing the definitive decision of the Patent Office. 

Appeals: may be filed before the Patent Dispute Chamber against the decision of the Patent Office within seven months from the date when the decision has been sent to the applicant or requested copies of documents cited to patent application and specified in the refusal to grant a patent, provided that copies of such documents are requested by the applicant within a three-month period after mailing a final decision to the applicant. A decision of the Patent Dispute Chamber can be appealed in a court. 

Reinstatement of a missed time limit: possible within twelve months; must contain sound justification for missing the time limit. 

Conversion into an application for a utility model or industrial design: possible for a device before the application is published, but not later than the date of a decision to grant invention patent, and before the opportunity of lodging an opposition has been exhausted in the event of the issuance of a refusal to grant a patent or when application has been acknowledged withdrawn.

Right of prior user and right of future user: provided for. The patent has no effect against a person who, at the time of application or within a period between the date of patent invalidation and the date of publishing the information on patent reinstatement, has used the invention within the Russian Federation or made the necessary arrangements for using it. 

Legal protection of invention: the right to an invention is protected by the State and confirmed by the grant of a patent. The patent for an invention certifies: the inventorship in the invention, the priority of the invention and the exclusive right to use the invention. The scope of legal protection by patent is determined by the claims. The specification and drawings, and 3D models in electronic form, may be referred to for interpretation and explanation of the claims. 

Process claims: a patent granted for a process covers also the product directly obtained by that process. The new product is regarded as having been produced by the patented process in the absence of proof to the contrary. 

Beginning of protection: from the date of patent publication; an invention is provisionally protected in the scope of published claims from the date of application publication to the date of patent publication or to the date of the definitive refusal.

Delivery of document: the registration certificate is issued in electronic format. It is possible to request the certificate in paper format, with additional fees.

Duration: twenty years from the date of filing of the application; as from the same date, the rights of the applicant are protected.

Patent term extension: is provided for a patent the subject matter of which is a medicament, a pesticide, or an agricultural chemical, whose use must be authorized as per a statutory procedure. The duration in addition to the twenty-year period of the patent is equal to the time period between the filing date of the patent and the first administrative authorization for use, minus five years, but must not exceed five years. 

Paediatric extension: not provided for.  

Annuities: the accumulated annuities are payable within two months from the date of decision making; subsequent annuities are due on the anniversary date of the filing date. 

Restoration: possible for a patent terminated in default of payment of annuities in due time, on petition by a patent holder, which can be filed within three years after the missed deadline for paying annuities, but before patent expiration date. Term of grace: six months with a fine of 50%.

Assignment: the assignment of patents is always possible and must be recorded with the Patent Office; an assignment agreement (with mandatory statement of financial terms of assignment) in duplicate and an original power of attorney from one of the parties must be furnished. The assignment agreement enters into force from the date of State registration. 

Licenses: no one may use the invention without the consent of the owner of the patent, who may, however, issue permits (licenses) for the use of his invention or may give up all rights to the patent. Contracts or other documents concerning the issue of licenses will be invalid unless registered with the Patent Office.

Disputes about ownership: disputes over the ownership of inventions are settled by the courts. 

Disputes about patentability: disputes as to whether or not an invention meets patentability requirements are settled by the Patent Dispute Chamber of the Patent Office. The additional patent (a patent the subject matter of which is a medicament, a pesticide, or an agricultural chemical) can be challenged at the Patent Office based on the lack of the patentability. It can be annulled based on the Patent Office's decision.

Marking of patented goods: not obligatory. 

Working: in case of failure to work or insufficient working within four years from the date of granting, an involuntary license may be obtained by an interested party if necessary before a court.

Publication: in “Inventions” (Official Gazette of the Russian Patent and Trademark Office). 

Secret patents: if the Examiner is of the opinion that an invention is to be regarded as a State Secret, he decides, after having consulted the competent Federal Authorities, not to lay open the examined application papers to public inspection, and the application is subject to being placed on the secret list. It is prohibited to impose secrecy on applications filed by foreign citizens or legal entities. If the applicant, after six months from filing the application with the Patent Office, does not receive such a decision from the Patent Office, he may assume that his invention is not secret.

Transformation into a utility model or industrial design: not possible after registration (except for cases of transformation of invention patent into utility model patent within the period of disputing the invention patent. 

Opposition against a granted patent: any natural person or legal entity may, during the entire term of its effect, file an opposition against the grant of the patent with the Patent Dispute Chamber on the grounds of failure to comply with the criteria of patentability or due to inclusion in the claims of features non-existent in the original application, or if the invention relates to methods of cloning human subjects or to human subject clone, to methods for modifying the genetic integrity of human embryo line cells, to use of human embryo for industrial or commercial purposes, in case of contradiction to public interests, humanity and moral principles, non-compliance with the requirement for the disclosure of the core of inventive subject matter to be done on application filing date or if several patents have been issued for identical inventions. Presently, the time limit for consideration of an opposition to dispute the issuance of a patent is about four months after the filing date of such opposition. The person who filed the opposition and also the patent owner may participate in its examination. The decision of the Patent Dispute Chamber may be contested in a court within three months of the date of the receipt of this decision. If a patent is considered invalid in part, then the remaining portion thereof is subject to issuance of a new patent.

Expropriation: the Government of the Russian Federation has the right, in the interests of public safety, to allow the use of an industrial property title without the approval of the patent owner on payment to him of a commensurate compensation. Disputes on the amount of compensation shall be referred to a court. The government regulations may be under a justifiable controversy. 

Infringements: the law stipulates that no one may use an invention without the patentee’s consent. If infringement is suspected, the patentee can bring the matter before the ordinary civil courts.  In the event of infringement of the rights to invention, a patentee may lay down his/her demands, in particular those for recovery of damages or for the payment of a compensatory amount ranging from RUB 10,000 to RUB 5,000,000 as it may be determined by court, depending upon the nature of infringement, or in an amount of the doubled cost of the right to use of invention, said cost being defined by a price which is usually applicable, under comparable circumstances, for lawful use of a corresponding invention in the same manner used by an infringer.