Foreign patenting
All patents obtained in Rospatent are valid only on the territory of the Russian Federation. If you need to obtain legal protection for an invention, utility model or industrial design in other countries, you need to follow to the procedure of foreign patenting.
There are 4 main ways of foreign patenting:
1
Filing directly with national patent offices.
This procedure is used if it is required to quickly obtain protection in one or more foreign countries and if at the time of filing the application, the prospects for the implementation of the invention abroad are well defined.
An application directly with a foreign patent office must be filed no later than 12 months after the filing of the Russian application, otherwise priority will be lost. When choosing this method of foreign patenting, the application materials must be compiled according to the rules of the country where the application is filed and translated into the national language.
2
Patenting procedure in accordance with the Patent Cooperation Treaty (PCT) .
If the applicant wants to obtain legal protection in several foreign countries, then within 12 months after filing an application with Rospatent, he can file one international application in accordance with the PCT agreement, and then decide in which countries-participants of the PCT agreement he needs to obtain legal protection.
The examination of an international PCT application goes through two phases: international and national. In the international phase, an international search is carried out and the application and the search report are published. The national phase implies the transfer of the application to the national offices of those countries where legal protection is required. This transition can be made within 30 months (for some countries this term is 31 months) from the filing date of the application in Russia.
Advantages of the PCT procedure :
1. To file an application in different countries, it is enough to file one international application drawn up according to a single pattern.
2. An international PCT application may be filed in one of the native languages. A translation into the corresponding language at the national phase may be provided later.
3. The applicant has more time (30 or 31 months instead of 12) to decide in which countries he needs to obtain legal protection.
4. Carrying out an international search makes it possible to assess the feasibility of further patenting procedures before paying national fees.
3
Filing an application with the European Patent Office (EPO) .
It is advisable to follow this way of foreign patenting if it is necessary to obtain legal protection in the territory of several European countries (more than four). To obtain a European patent, only one application is filed with the European Office (in German, French or English), and then the applicant himself chooses in which countries he needs to obtain legal protection. At present the EPO includes 38 European countries.
4
Submission of an application to the Eurasian Patent Office .
A Eurasian patent is issued by the Eurasian Patent Office (EAPO) on the basis of the Eurasian Patent Convention (EAPC), which includes members of 8 countries: Russia, Belarus, Kazakhstan, Turkmenistan, Tajikistan, Azerbaijan, Kyrgyzstan, Armenia.
A Eurasian patent can be obtained by filing an application either directly with the EAPO, or with the national patent office of an EAPC member state, or according to the patent cooperation agreement (PCT).
For more information about the Eurasian patent, see here .
INEUREKA patent attorneys have a lot of experience in filing international applications and extensive connections with patent attorneys in various countries, therefore they can assist in obtaining patents abroad in the shortest possible time and at an affordable price.
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