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новостей

22.07.2016
новости, Российская Федерация

Short overview of changes in legislation for Russian Patent applications, Utility Model applications and Industrial Design applications filed since October 1, 2014

Short overview of changes in legislation for Russian Patent applications, Utility Model applications and Industrial Design applications filed since October 1, 2014


Patent Application

1) Legalized allowability of use claim.
 
2) Possibility to convert a Patent application before its publication into an application for a Utility Model (already existing provision) or an Industrial Design (new), maintaining the priority and filing date. Now it is also possible to convert a Design application into a Patent application.
 
3) During nullification action it is possible to convert the Patent into a Utility Model.
 
4) Only a single opportunity to file voluntary amendments to the claims after receipt of search results.
 
Utility Models
 
1) The longest possible validity period is reduced from 13 years to 10 years (effective for applications filed on or after January 1, 2015).
 
2) Introducing of substantive examination of Utility Models for novelty, industrial applicability and sufficiency of disclosure.
 
3) Possibility to convert a Utility Model application into a Patent application (already existing provision) and Industrial Design application (new), maintaining its priority and filing date. Now it is also possible to convert an Industrial Design application into a Utility Model application.
 
4) Practical advice: It is important to file a set of claims with generic terms drafted as an apparatus or as a device, but not as a method or a product or a substance. Even claiming of a system consisting of several devices being separated from each other can be problematic. It is important to indicate in the description a technical result that can be achieved by the claimed subject matter (this equally applies to invention applications).
 
Industrial Designs

 
1) A list of essential features drafted like a patent claim is no longer required. The scope of protection is now defined by the filed images rather than by the list of essential features as it was required before.
 
2) A description of the Design is no longer required for an acknowledgement of the filing date. However, the description remains a part of the application documents, although it can be filed later.
 
3) For the purpose of examination as to novelty and originality will now be used also earlier post-published (i.e. having an earlier priority date) patent applications, utility models, industrial designs, trademarks and even service marks filed in Russia by others.
 
4) Architectural objects, industrial, hydrotechnical and other stationary structures as well as objects of unstable shape are no longer exempted from the protection of designs.
 
5) Grace period (in EPC wording: non-prejudicial disclosures) is increased from 6 months to 12 months, calculated from the date of public disclosure.
 
6) Possibility to convert an Industrial Design application into a Patent application and a Utility Model application, maintaining its priority and filing date. Now it is also possible to convert an Industrial Design application into a Utility Model application.