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Russia - Patent Law Changes

A number of changes to the Russian Patent Law came into effect on March 12, 2003. The more significant changes are outlined below.

1. Possibility of an extension of the patent term by a maximum of five years for patents relating to drugs, pesticides or agrochemical products to compensate the patent owner for the period in excess of five years during which marketing of the product was delayed by the need to obtain marketing approval from a government agency. Applications for patent term extension must be filed within six months of the grant of the patent or six months of the grant of marketing approval if this occurs after the patent has been granted.

2. The definition of a patentable invention has been modified specifically to exclude the grant of patents for computer programs.

3. Provision of a definition of what is an equivalent for application of the doctrine of equivalents when determining patent infringement as being a feature known to be an equivalent of a specified feature of an independent claim before the act of infringement.

4. Amendment of the law relating to compulsory licensing by now requiring that applications for such licenses must be made in court and providing that the patent owner has the right to seek termination of a compulsory license once the situation that gave rise to the need for the license has ended and is unlikely to recur.


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© Copyright 2004 Ladas & Parry - Posted 3/21/2004
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