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Invention patent prosecution (all fields of science)

Invention — technical decision at any field of science, related to any good (device, chemical, microorganisms, plant cell cultures or animals) or method thereof. Patent for invention is the basic way for protection of results of Intellectual property for technical decisions and methods.

Patent prosecution and related services.

Team of “Lomsky and partners” is well-experienced in all field of science. We are able to provide all services related to patent prosecution. We are able to support entrance into National phase of a PCT application, to file patent application with priority based on any foreign application, to file new one application. As well our experts are able to make search on world novelty, via ROSPATENT and make qualified conclusion, based on this information. Application filed as national application in Russia can be filed worldwide as PCT application.

It is important to know, that all actions with patent have to be registered in ROSPATENT. Nowadays assignments and license agreements have to be checked and registered by ROSPATENT as without registration such agreements are void. Changes into rules of registration of agreements are already accepted but will take effect only on October 01, 2014 – it will not be necessary to file full text of agreements to registration, but only application for registration. Unfavorable decisions of ROSPATENT in regard with examination of patents can be appealed to Chamber of Patent Disputes.

Terms of patent protection in Russia.

Patent for invention – is limited monopoly for any device or method, which can help protect ideas to get maximum profit from research and development. Third parties are able to use invention, protected by patent only on will of holder and in case of conclusion of license agreement. Production of invention or start of usage of method isn't necessary for patent protection in Russia. Civil code have some positions about obligation of patent holder to use it. In other way third party can claim the obligatory license, but it very hard to implement such conditions, and there were just few such cases in the whole Russian practice.

Term of patent monopoly for inventions is 20 years from the date of filing application, for patents with claiming priority – 20 years from the priority date. As also it is possible to make prolongation for inventions, which proceed with state certification and special permission, before entering into service (agricultural, pesticides, drugs), but no more then for 5 years over maximum term.

As well it is necessary to pay every year annuity fee. Payment is possible to made for a next year during the whole previous year and it is not possible to pay annuities for future years.