Lecture
1. An application for the grant of a patent for an invention, utility model or industrial design is filed with the federal executive authority for intellectual property by a person holding the right to obtain a patent in accordance with this Law (hereinafter - the applicant).
2. The conduct of affairs with the federal executive authority for intellectual property may be carried out by the applicant, the patent holder or another interested person independently, or through a patent attorney registered with the federal executive authority for intellectual property, or through another representative.
Natural persons permanently residing outside the Russian Federation, or foreign legal entities, or their patent attorneys, conduct their affairs with the federal executive authority for intellectual property through patent attorneys registered with the federal executive authority for intellectual property. In the cases provided for by an international treaty of the Russian Federation, natural persons permanently residing outside the Russian Federation or foreign legal entities may independently file applications, pay patent fees and perform other acts in accordance with the international treaty of the Russian Federation.
Where, in accordance with this paragraph, the applicant, the patent holder or another interested person conducts affairs with the federal executive authority for intellectual property independently or through a representative other than a patent attorney registered with the federal executive authority for intellectual property, the federal executive authority for intellectual property may require that an address within the territory of the Russian Federation be indicated for correspondence.
The powers of a patent attorney or other representative are certified by a power of attorney issued by the applicant, the patent holder or another interested person.
A citizen of the Russian Federation permanently residing in its territory may be registered as a patent attorney. Other requirements for a patent attorney, the procedure for his certification and registration, and also his competence to conduct affairs connected with the legal protection of inventions, utility models and industrial designs, are determined by the Government of the Russian Federation.
3. The request for the grant of a patent for an invention, utility model or industrial design is submitted in Russian. The other documents of the application are submitted in Russian or in another language. Where the documents of the application are submitted in another language, a translation of them into Russian shall be attached to the application.
4. The request for the grant of a patent is signed by the applicant and, where the application is filed through a patent attorney or other representative, by the applicant or by the patent attorney or other representative.
Examination of an application for an invention
Under the Patent Law of the Russian Federation
the application materials received by
the patent office are, after their
registration, subjected to examination,
which is divided into formal examination
(Article 1384) and substantive examination
(Article 1386).
Formal examination of an application for an invention
At the formal examination stage, the examining body may request corrected or missing application documents, which the applicant must provide within two months. If the applicant has not himself classified the claimed invention, these actions are carried out by the examining body. If there are no observations on the application, the applicant is notified of the positive outcome of the formal examination.
If the applicant fails to provide the missing documents within the specified period, the application is deemed withdrawn.
If, as a result of the formal examination of the application, it is established that it has been drawn up for a proposal that is not recognised as a patentable invention, a decision to refuse the grant of a patent is sent to the applicant.
This decision may be appealed by the applicant to the Board of Appeal of the Patent Office of the Russian Federation within two months of the date of receipt of the decision.
In the course of the substantive examination of an application, a request for additional materials, including an amended set of claims, may be sent to the applicant. Such a request may be sent only where the substantive examination of the application is impossible without such materials. Grounds for a request may be the need to resolve issues connected with verifying the patentability of the invention or with the consideration of applications for identical objects of industrial property with the same priority, or the need to clarify the claims of the invention on the basis of the results of their verification or of the results of the verification of the patentability of the invention.
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