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In Russia, along with patents for inventions, applicants can obtain patents for utility models. These are easier and less expensive to obtain, as the requirements are less stringent and there is only a formal examination. A substantive examination will only be carried out if a utility model patent is challenged. The maximum validity term for a utility model in Russia is 10 years from the date of filing the application with the Russian Patent Office (ROSPATENT). A utility model application can be converted into an invention application.

Only a device or construction can be protected as a utility model in Russia, while a method, substance, strain, or plant or animal variety cannot. The patentability requirements are novelty and industrial applicability. Unlike an invention, a utility model need not involve an inventive step in order to be patentable. The scope of protection is defined by the patent claims.

The formal examination of a utility model patent application checks:

• That application documents comply with requirements
• That the utility model complies with the requirement of unity (it comprises a single creative concept)
• That the subject of the application may be granted legal protection as a utility model.

If all the requirements are satisfied, a Decision on the Grant of the patent is issued. If not, the applicant is granted an opportunity to challenge a Decision on Refusal before it is made.

Our specialists assist in preparing, filing and prosecuting utility model applications in Russia and other countries, including carrying out a patent search.