Back in May 2016 the Russian Patent Office has approved the new Administrative patent regulations on inventions and Rules for drafting, filing and examining patent applications. These new legal documents form the updated regulation system of patenting inventions in Russia and provide in depth details of new amendments of Part IV of the Civil Code which have come into effect since October 1, 2014. Although some specific requirements will be most accurately explained by the corresponding law enforcement practice, the basic differences between old and new requirements can be already seen with a naked eye.

First of all, the new Regulations and Rules in conjunction with the latest edition of the Civil Code give more specific details on the terms and time frames of the different patenting stages. The maximum period is now specified for each stage of the examination of an application, and the maximum period from filing to grant should not prevail more than 66 months (5.5 years) (Rule 13 of the Regulations).

Continuing the new norms of the last edition of the Civil Code, the new Regulations and Rules for inventions also specify the use of a product or a method for a particular purpose as an object of an invention, , for which according to rule 54 (2) of the Rules independent claim is not necessarily divided into preamble and distinguishing part (so-called Jepson claims). Further, Rule 36 of the Rules also lists complexes and kits among the objects of patenting relating to products, while systems are not listed there anymore.

It is worth noting that Rule 96 of the new Rules gives new restrictions on the provision of additional materials. Specifically, new examples describing implementations of the invention can no longer be presented as amendments to the description within additional materials.

Patentica's attorneys and experts are well aware of all the latest changes to the patent system in Russia and will be  glad to look out for all the opportunities for our clients to protect their interests.