About Intellectual Property IP Training IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars World IP Day WIPO Magazine Raising Awareness Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Enforcement Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO ALERT Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight

Legislative Implementation of Flexibilities - Russian Federation

Title:Articles 1384- 1386 of the Patent Act (Chapter 72)
Field of IP:Patents
Type of flexibility:Substantive examination
Summary table:PDF

Provisions of Law

Article 1384

Formal Examination of an Application for an Invention

1. Formal examination of an application for an invention that has been filed with the federal executive authority for intellectual property shall be carried out. In the process of such examination the presence of the documents provided for by Paragraph 2 of the 1375 of the present Code and their conformity to prescribed requirements shall be verified.

2. In the case when the applicant has presented supplementary materials to the application for an invention under Paragraph 1 of Article 1378 of the present Code it shall be ascertained whether they change the essence of the claimed invention.

Supplementary materials that change the essence of the claimed invention shall not be taken into account for the purposes of examination of the application for the invention, but may be filed by the applicant as separate application. The federal executive authority for intellectual property shall inform it to the applicant.

3. The federal executive authority for intellectual property shall notify the applicant of a favorable result of formal examination and of the filing date of the application for the invention, promptly after the completion of formal examination.

4. If an application for an invention fails to meet the prescribed requirements for documents of the application, the federal executive authority for intellectual property, shall invite the applicant to furnish corrected or missing documents within two months from the date of the receipt by him of such invitation. If the applicant fails to furnish the documents in question or to file a request for extending this period within the prescribed time limit, the application shall be considered as withdrawn. This time limit may be extended by the federal executive authority, but by no more than ten months.

5. If an application for an invention has been filed with non-fulfillment of the requirement of unity of invention (Paragraph 1 of Article 1375), the federal executive authority for intellectual property shall invite of the applicant to communicate, within two months from the date of receipt by him of the respective notification, which of the claimed inventions should be examined, and if necessary, to correct the documents of the application. Other inventions claimed in the original application may be submitted as divisional applications. If the applicant fails to communicate within the prescribed time limit which of the claimed inventions should be examined or fails to furnish, if necessary, the appropriate documents, the examination of the invention shall carried out in respect of the invention that is indicated first in the claims.

Article 1385

Publication of Information on the Application for an Invention

1. The federal executive authority for intellectual property, upon the expiration of eighteen months from the filing date of an application for an invention, in respect of which the formal examination finding is favorable, shall publish information on the application for the invention in the official gazette. The list of the published data shall be determined by the federal executive authority responsible for normative and legal regulation in the area of intellectual property.

The author of the invention may waive his right to be indicated as such in the published information on the application for an invention.

At the request of an applicant filed before the expiration of twelve months from the filing date of the application for an invention, the federal executive authority for intellectual property may publish information on the application for an invention before the expiration of eighteen months from the day of its filing.

Publication shall not be made if before the expiration of twelve months from the day of filing the application for the invention it was withdrawn or recognized as withdrawn or if on its basis the registration of the invention was effected.

2. Any person after publication of the information on the application for the invention shall have the right to learn the documents of the application unless the application has been withdrawn or recognized as withdrawn on the date of publication of information on invention. The procedure governing access to the documents of the application and making copies of such documents shall be established by the federal of executive authority responsible for normative and legal regulation in the area of intellectual property.

3. In case of publication of information on an application for an invention, which application on the date of publication had been withdrawn or recognized as withdrawn, such information shall not be included in the prior art in the processing of subsequent applications of the same applicant filed with the federal executive authority for intellectual property before the expiration of twelve months from the date of publication of information on the application for an invention.

Article 1386

Substantive Examination of an Application for an Invention

1. At the request of the applicant or of third parties, which may be filed with the federal executive authority for intellectual property when filing of the application for an invention or within three years from the filing date of this application, and on the condition of successful completion of formal examination of this application, substantive examination of the application for an invention shall be conducted. The federal executive authority for intellectual property shall notify the applicant of request received from third parties.

The time period for filing the request for the conduct of substantive examination of an invention may be extended by the federal executive authority for intellectual property at the request of the applicant filed before the expiration of this time period, but for not more than two months, provided that the request be accompanied by a document confirming payment of the patent fee.

If the request for the conduct of a substantive examination of an invention has not been filed within the prescribed time limit, the application shall be considered as withdrawn.

2. Substantive examination of an invention shall include:

a prior art search with respect to the claimed invention to check the novelty and inventive step of the invention;

checking the fulfillment of the claimed invention to the criteria of patentability stipulated by Article 1350 of the present Code.

A search with respect to the claimed invention, relating to the objects indicated in Paragraph 4 of Article 1349 and in Paragraphs 5 and 6 of Article 1350 of the present Code, shall not be conducted. The federal executive authority for intellectual property shall notify it to the applicant before the expiration of six months from the date of the start of substantive examination of the invention.

The procedure for conduct of the search and the presentation of the search report shall be established by the federal executive authority responsible for normative and legal regulation in the area of intellectual property.

3. Upon the expiration of six months from the date of the start of the substantive examination of the application for an invention, the federal executive authority for intellectual property shall send to the applicant a search report, unless the application claims a priority earlier than the filing date of the application and if the request for the conduct of substantive examination of the application for the invention was filed on the filing date of the application.

The time period for sending the applicant a search report may be extended by the federal executive authority for intellectual property if the necessary information source has to be obtained from other organizations in case when information is missing in the collections of the said federal authority or the characterization of the claimed invention in such as to make a search impossible under the established procedure. The said federal authority shall notify the applicant of the extension of the time period for sending the search report and of the reasons for of extension.

4. The applicant and third persons shall have the right to request for the conduct for an application for an invention that has passed formal examination with a favorable result, of an prior-art search in order to determine whether the claimed invention meets the criteria of novelty and inventive step. The procedure and modalities for the conduct of such a search and communication of its results shall be established by the federal authority responsible for normative and legal regulation in the area of intellectual property.

5. In the process of substantive examination of an application for an invention the federal executive authority for intellectual property may request the applicant furnishing supplementary materials (including amended claims for the invention) without which the conduct of examination is impossible. In this case supplementary materials without changing the essence of the invention shall be presented within two months from the day of receipt by the applicant of the request or copy of materials cited in request, provided that the applicant has requested the aforesaid copies within one month from the day of receipt by him of the request from the said federal authority. If within the established time limit the applicant fails to present the requested materials or a request on the extension of this time limit, the application shall be considered as withdrawn. The time limit established for presentation by the applicant of the requested materials may be extended by the said federal authority not for more than ten months.

https://www3.wipo.int/contact/en/area.jsp?area=development_agenda https://www.wipo.int/pressroom/en/ https://www.wipo.int/tools/en/disclaim.html https://www.wipo.int/en/web/privacy-policy/ https://www.wipo.int/en/web/accessibility/ https://www.wipo.int/tools/en/sitemap.html https://www3.wipo.int/newsletters/en/ https://www.wipo.int/podcasts/en/ https://www.wipo.int/news/en/