Russian Government Approved the Initiative of Extending Patent Priority Period

Release Time：2024-07-24 09:11Author：Views：216

The Government of the Russian Federation has approved amendments to the Civil Code drafted by the Ministry of Economic Development of the Federation, which involve the extension of the priority period for patent applications.

The priority period for patent applications is a grace period established to maintain the novelty of disclosed inventions. Currently, in the case of disclosing the essential content of an invention, Russian applicants have only six months to apply for registration with Rospatent using the priority right (also known as the novelty privilege). However, it has proven that this period is too short for many inventors, especially when facing complex documentation procedures. Domestic researchers often first publish scientific articles about their technical solutions and then rush to file invention applications within six months, often without sufficient time to prepare the necessary documents. Moreover, when the novelty of a technical solution (one of the conditions for patentability) is challenged, Russian patentees are at a disadvantage compared to foreign citizens who enjoy a 12-month grace period.

To address this issue, the Ministry of Economic Development of Russia has drafted amendments to the Civil Code, extending the patent priority period from six months to 12 months. This provides Russian applicants with favorable conditions to protect their rights within the allowed scope, enabling Russian inventors to confidently conduct research and publish their work without fear of losing patent rights. This bill will also mark an important step in the development of Russia's innovation system and enhance the competitiveness of domestic intellectual property on the international stage.

Information resource: https://rospatent.gov.ru/ru/news/ehkonomika-i-zhizn-16072024

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