Russian Patent Law Redefined

Originally posted 2018-11-19 11:19:01

By Christina Severino |

Over the past two years, Russia has made some significant advancements in the patent law arena. After gaining independence, Russia enacted new patent law in the early 1990s. However, these laws remained antiquated and left Russia behind until 2008 when it finally became compliant under the TRIPS Agreement (The Agreement on Trade-Related Aspects of Intellectual Property Rights). TRIPS is an international agreement of the World Trade Organization. The Agreement covers a wide variety of covered types of intellectual property, and sets general guidelines for protecting the rights of copyright, trademark, and patent holders. In 2013 and 2014, Russia made two major developments in its patent law.

First, in July of 2013, Russia announced that it had created a court specifically intended for Intellectual Property matters. The new court puts Russia on the same stage as many other global powers who have already well-established intellectual property law and designated governing bodies, including the United States Patent and Trademark Office and the U.S. Copyright Office. This new venue allows Russia to have a court which specifically focuses on intellectual property and cultivates trust in those individuals who wish to protect their innovative ideas. The court also demonstrates that Russia takes seriously the importance of how intellectual property affects the health and standing of its economy on an international level. Its principal purpose is to review appellate-level infringement cases and appeals for cancellation and revocation decisions. The chart below outlines the jurisdiction of the court:

Russia Patent

Additionally, Russia drafted amendments to its patent laws in March 2014. The amendments included focus on issues such as elimination of written claims for essential features of design patents, new procedures for patent term extensions, and newer lax standards for recording licenses and assignments.

The evolution of Russia’s intellectual property law  interpretation and enforcement appears to still be in its infancy, but has made substantial progress thus far.


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