Offices & Countries / Russia / Utility Models

	Utility Models Official Fees Filing requirements FAQ

A utility model is an object of intellectual property which relates to a device or construction. Methods, substances, microorganism strains and cultures of plant or animal cells cannot be protected as utility models.

A utility model can be protected by a patent if it is new and industrially applicable. Contrary to invention, a utility model need not involve the inventive step in order to be patentable. The maximal term of a patent validity in Russia amounts to 8 years (5 + 3) from the date of filing the application with the Russian Patent Office. The scope of protection is defined by the patent claims. A utility model application can be converted into an invention application.

In order to obtain a utility model patent, a utility model application shall be filed with the Russian Patent Office. According to the Russian Patent Law, natural persons residing outside Russia or foreign legal persons cannot communicate with the Russian Patent Office by themselves. Therefore, when protecting a utility model in Russia, they or their patent attorneys shall apply to Russian patent attorneys registered with the Federal Executive Body in the Field of Intellectual Property.

The patent attorneys of the company "Liapunov and Co." provide the following services in the field of legal protection of utility models:

• Preparing, filing and prosecution of utility model applications in Russia and other countries;
  
• Conducting a patent search;
  
• Providing a legal advice in the Field of Intellectual Property;
  
• Drawing up an agreement of assigning a utility model patent;
  
• Preparing an expert opinion about infringing the exclusive right of a patent owner;
  
• Presenting client's interest before the Chamber of Patent Disputes;
  
• Protection of a patent owner's rights at the court;
  
• Payment of annuities for keeping a patent in force

Registration procedure

• Filing a utility model application;
• In two months after the filing date the Russian PTO starts the examination to ascertain the presence of all the necessary documents, compliance with the requirement of unity of the utility model and also to verify that the claimed solution may be granted legal protection as a utility model.

If the Examiner finds that the claimed utility model application is filed for a technical solution that may be granted legal protection as a utility model and the application documents meet the established requirements, a Decision on Grant of the patent is issued and sent to the applicant. If the applicant pays the prescribed Granting fee the patent is granted;

If the Examiner finds that the utility model application claims a solution that can not be legally protected as a utility model, a Decision on Refusal to grant a patent is issued. Before issuing the Decision on Refusal the Patent Office sends a Notification on the results of the examination where the applicant is invited to provide comments and argumentation opposing the negative result of the examination. The applicant's response is to be filed within six months after receipt of the respective Notification.