Russian patent to an Invention

A technical solution in any area related to a product (including a device, substance, microorganism strain, cell culture of plants or animals) or method (process of affecting a material object using material means) shall be protected as an invention (article 1350 of Civil Code of the Russian Federation).

The exclusive right to an invention shall be recognized and protected subject to official registration of the respective invention on the basis of which the federal executive authority for intellectual property shall issue a patent for the invention (article 1353 of Civil Code of the Russian Federation).

The protection of intellectual rights to an invention shall be granted on the basis of a patent and the scope of protection shall be determined by the claims contained in the patent for the invention (article 1354 of Civil Code of the Russian Federation).

The term of the exclusive right to an invention and of the patent certifying this right shall be counted from the filing date of the initial application for the grant of a patent with the federal executive authority for intellectual property and shall constitute 20 (twenty) years.

If from the filing date of an application for the grant of patent for an invention relating to medication, a pesticide, or an agrochemical, the use of which requires duly granted permission, and until the date of granting the first permission for its application more than five years have elapsed, the term of the exclusive right to the respective invention and the patent certifying this right shall be extended upon request from the patent holder by the federal executive authority for intellectual property. The said term shall be extended for a period counted from the filing date of the application for grant of the patent for the invention to the date of receipt of the first permission for the use of the invention, minus five years. In such a case, the term of the patent for the invention maybe extended for a period not exceeding 5 (five) years (article 1363 of Civil Code of the Russian Federation).

The annual patent fees shall be paid in order to keep in force the patent to an invention. If the payment of patent fees is not made within the established time limit, the patent is terminated. The effect of patent can be revived within 3 (three) years from the date of expiration of the patent fees payment, but before expiration of the patent life.