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U.S., Russia Implement Patent Cooperation Agreement

Kremlin at night (U.S. Department of State)

(U.S. Department of State)

The United States Patent and Trademark Office (USPTO) and the Russian Federal Service for Intellectual Property (Rospatent) have implemented an agreement simplifying patent applications involving the two countries. Under the agreement, Rospatent will act as an international searching authority (ISA) and international preliminary examining authority (IPEA) for international applications filed with the USPTO as the receiving office , under the Patent Cooperation Treaty (PCT).

The PCT, originally signed in 1970 and amended as recently as October 2001, simplifies the filing of patent applications in its contracting States. A PCT application has the effect of a national application for a patent in any of the designated PCT States.

International applicants receive an international search report and international preliminary report on patentability to help them determine if an application meets basic patentability criteria before committing to the high cost of translating and entering the national stage in one or more PCT countries.

Adding Rospatent as an ISA/IPEA choice, says USPTO, will give applicants more flexibility to choose a given international authority based on the technology disclosed in the international application, the speed of services provided, and the cost of obtaining searches and examinations of international applications. The agreement with Rospatent also spells out the fees of these services:

– Applicants selecting Rospatent as the ISA will pay a search fee of USD 415.

– Applicants selecting Rospatent as the IPEA will pay an international preliminary examination fee the equivalent to RUB 5400 (USD 184) and a handling fee of USD 219.

– If the international search is not performed by Rospatent, the examination fee will be the USD amount equivalent to RUB 8100 (USD 276).

Read more: NIH Foundation, Eli Lilly Launch US-Russia Science Partnership

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