Elena Danilina Russian Patent Law and Practice

I am a Russian patent attorney and a legal adviser at the Ushinsky State Scientific Library in Moscow, Russia, where I deal with the issues of copyright law. bout_full_engl.htm bout_full_engl.htm

My experience I have been working in patent law for 30 years. In February 1983 I started working in the All- Union Center for Patent Services; then became a head of Patent Department in the USSR Academy of Sciences; in 1995 I became a patent attorney; in 1999 defended the dissertation. From 2001 till 2012 I was a head of patent law firm in Moscow.

Influences Russian patent law in its basics perceived German patent law; and in the mid-20 th century it also borrowed the technique and methodology of Japanese legislative system. I remember the time when the national classification of inventions was functioning and the most difficult was the classification of the US based on the functional principle. I remember the time when the numbers of patents in Japan started with a year of Emperor Hirohito’s first year of ruling (in Japanese chronology).

History Russian patent system in its development has passed through three periods: the Pre-Revolutionary (before 1917), the Soviet, and the new Russian. Even from the late 19th century there was a patent examination with the definition of novelty in Imperial Russia.

In Soviet times, the patent system has evolved in leaps and bounds: from the complete abolition of such after the Revolution of 1917; then in the mid 1920's patent right protection emerged again; until from 1932 to 1958, each invention was considered by the ministry (by industry).

Russian Patent Law September 23, 2012 was 20 years of the Russian Federation’s new patent law. From 1992 to 2007 the Patent Law of Russia was in force. From January 1, 2008 all objects of industrial property have been combined in the fourth part of the Civil Code of the Russian Federation.

Objects of legal protection: Inventions Utility models Industrial designs

I want to talk about inventions and utility models as the similar in nature objects. Common feature of the invention and utility model - is a technical solution of the problem, a new and industrially applicable.

Invention can be a device, a method, a substance, or microorganism strain. A requirement of a certain degree of inventiveness is always brought to the invention, it should not be apparent to a specialist. A utility model can only be a device.

Problematic Issues The technical solution of the problem means that the material result achieved by material means. Therefore methods of organizing and intellectual operations are not the subjects for patent protection. Technical solutions in the area of computers can be patented only if the object is a material device (hardware). Computer programs and databases are protected in Russia as the objects of copyright law. Innovation is absolute and is based on all materials published worldwide (absolute novelty); state of the art includes all publicly available sources known to any number of persons on the date of application.

Problematic Issues (cont.) The industrial applicability differs from the technical solutions of the problem. This requirement is related to the implementation and reproduction of the invention. Solutions do not meet the industrial applicability if they cannot be duplicated by simply reading the description. The degree of inventiveness relates to the state of the art. The invention should not obviously follow from the state of the art.

The Figure of Author A special and stand alone issue is the figure of author of invention. In Russia initial rights belong to the author. However, you should understand the difference between the Patent system and the Copyright system. Patent protects the contents, copyright protects the form. Therefore, understanding of the authors in the Patent and Copyright laws in Russian Federation is different.

An application for invention is applied to Rospatent (Russian Patent Department and further it goes through the expertise whether it meets the requirements or not. An application for utility model is applied to Rospatent and it goes through only a formal examination. Applications

The Terms The term of validity of a patent for invention is 20 years. This period may be extended, but no more than 25 years. The term of validity of a patent for utility model is 10 years with an option to extend it for 3 years (up to 13 years in common).

Thank you a lot for your attention! If you have any questions, you are welcome to me at: or