Entering National Phase of PCT
Entering the national phase of PCT is the second of the two main phases of the PCT procedure. In the Russian Federation it should be carried out within 31 month from the international patent application priority date. The procedure includes the following steps:
- Appointing the representative in Russian Federation. Nowadays it is the obligatory requirement of Federal Service for Intellectual Property of Russian Federation (Rospatent). Only Patent Attorneys of the Russian Federation have right to represent foreign applicants on the territory of Russia. All correspondence with the Rospatent and all the payments are carried out through authorized representative. Representative’s power should be confirmed by the executed Power of Attorney.
- Providing translation of application materials. Rospatent requires the following materials to be translated into Russian:
- International patent application (if filed in not applicable language);
- Description (including the name of invention);
- Claims (if amended, as originally filed or as amended);
- Any text matter of drawings (if amended, as originally filed or as amended);
- Abstract (if amended, as originally filed or as amended).
- Payment of national fees.
- Requesting substantive examination. Substantive examination must be requested within three years from the international filing date and it is only effective if the fee for requesting examination has been paid. The expired time limit for the request for examination may be reinstated within 12 months on payment of the reinstatement fee accompanied by a statement on the valid excuse for expiration.
Examination of invention implies with respect to accordance of Rospatent requirements. Examination period is not regulatory defined by Russian legislation. Practically it makes 12 – 18 months.
- Grant of patent. By positive examination result the decision to grant the patent is issued by Rospatent. A fee for patent grant must be paid within 2 months after decision to grant the patent receipt date.
- Copy of PCT patent application;
- Full text of description, abstract, claims, any drawings with text for translation;
- Power of Attorney.
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