Overview of the Legal Framework

The Russian IP legal framework mainly consists of:

• Part IV of the Civil Code of the Russian Federation (2008, as amended)

• Patent Rules (Government Decree No. 316/2016)

• Trademark Rules (Order No. 32/2020)

• Design Rules (Order No. 30/2015)

Competent authorities:

• Rospatent (Federal Service for Intellectual Property)

• Examination body: FIPS (Federal Institute of Industrial Property)

Russia is a member of WIPO, the PCT, the Madrid System, the Hague System, the Paris Convention, TRIPS and the Eurasian Patent Organization (EAPO).

International Cooperation and Regional Integration

• Russia is a member of WIPO, EAPO, the PCT, the Madrid System, the Hague System, the Paris Convention and TRIPS;

• National registration systems are closely interoperable with EAPO and WIPO;

• Regional protection is available through Eurasian patents granted by EAPO;

• Russia is implementing its National IP Strategy 2030, with a focus on digitalisation and international integration.

Trademark System

Filing Routes

• National applications may be filed directly with Rospatent;

• International protection may be obtained by designating Russia under the Madrid System (Madrid Protocol) (available since 1976).

Classification

• Uses the Nice Classification;

• Both single-class and multi-class applications are allowed.

Examination Procedure

• Formal examination: about 1‑2 months;

• Substantive examination: about 6‑9 months;

• Oppositions may be filed within 1 year from the date of registration publication.

Use and Renewal

• Registration term is 10 years, renewable indefinitely for further 10-year periods;

• Non-use for 3 consecutive years may lead to cancellation.

Examination Features

• Examination language is Russian;

• Focus on distinctiveness, similarity and prior rights;

• Collective marks, sound marks and 3D marks can be registered.

Patent System

Types of Protection and Term

• Patent for invention: 20 years from the filing date;

• Utility model: 10 years from the filing date;

• Design patent: initial term of 5 years from the registration date, renewable up to a maximum of 25 years.

Examination Mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 3 years from the filing date;

• Average examination time is around 2‑4 years.

International Routes

• Russia has been a PCT member state since 1978;

• It is also a member of the Eurasian Patent Organization (EAPO);
  Eurasian patents granted by the Eurasian Patent Office (EAPO) automatically take effect in Russia.

Key Features

• Examination language is Russian;

• The first-to-file principle applies;

• Patents are maintained by paying annual fees;

• For pharmaceuticals and certain chemical inventions, patent term extension is possible (up to a total of 25 years of protection).

Industrial Design Protection

Legal Basis

• Part IV of the Civil Code of the Russian Federation, Articles 1352‑1362;

• Design Rules (Order No. 30/2015).

Scope of Protection

• The external appearance of a product, including shape, ornamentation, colours, lines and their combination;

• Applicable to industrial and handicraft products.

Term of Protection

• Initial term of 5 years, renewable four times for 5 years each, up to a maximum of 25 years.

Examination Procedure

• Examination period is approximately 6‑9 months;

• Examination language is Russian;

• Substantive examination assesses novelty and originality.

Key Features

• One registration provides protection throughout the Russian Federation;

• International design protection is available via the Hague System (Hague Agreement), under which Russia participates.