National Phase of PCT in Russia

Russian phase may be filled only if Russian Federation is designed (or elected) in priority PCT Patent Application.

Time limits applicable for entry into the national phase is 31 months from the priority date. A request for grant of a patent shall be filed in Russian prior to the expiration of said term. At a written request of the Applicant the National Phase may be started prior to the expiration of said term.

Required contents of the translation for entry into the national phase: description, claims (if amended, as amended only), any text matter of drawings, abstract (under PCT Article 39(1): description, claims, any text matter of drawings, abstract (if any of those parts has been amended, only as amended by the annexes to the international preliminary examination report)). Translation must be furnished within two months from the expiration of the time limit applicable under PCT Article 22 or 39(1). Errors in the translation of the international application can be corrected with reference to the text of the international application as filed.

Special requirements of the Office (PCT Rule 51bis): instrument of assignment of the priority application where the applicants are not identical; appointment of an agent if the applicant is not resident in the Russian Federation.

A patent is granted only after examination as to patentability which may be requested by the applicant or by a third party. Examination must be requested within three years from the international filing date.

Within two months after entry into the national phase the applicant has the right to amend or correct any element of his international application on his own initiative, without paying any fee for that purpose, provided that the amendments or corrections do not modify the subject matter of the claimed invention or utility model beyond the original disclosure. After the expiration of the said time limit such amendments or corrections may be made to patent applications only on payment of the prescribed fees for amendment and only until the final decision on the results of the substantive examination has been taken.

If the applicant wishes to obtain a utility model registration instead of a patent on the basis of an international application, this must be indicated in the international application (in Box No. V of the request) when filed. If the international application is for a utility model instead of a patent, the requirements are basically the same as for a patent except that the applicant is not required to make a request for substantive examination.

The applicant may, prior to publication of a patent application, convert the said application into a utility model application by filing a request to that effect. The utility model application may be converted into a patent application at any time before the decision to grant is taken. The converted application shall have the priority date of the initial application.

The amounts of fees are indicated in FEE TABLE

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