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Комментарии 9
So, if I understand correctly, you're protected as soon as you filed for patent (not when it was granted, which in the US can take years). Is that the case?
Yes, there is the concept of interim protection, which is applicable between the filing of an application and the grant of a patent. However, in case the patent is not granted eventually, the effects of the interim protection disappear.
The scope of the interim protection may differ from jurisdiction to jurisdiction. For example, in Italy you can even sue for infringement-related damages/compensation based on a pending application — but this does not work in any other developed jurisdiction, as far as I know.
Btw, the US is not the worst case scenario. E.g. in Brasil obtaining a patent normally takes around 14 years. But in Russia, an expedited procedure was introduced last year that, subject to additional costs, allows for obtaining a patent in just a few months.
The scope of the interim protection may differ from jurisdiction to jurisdiction. For example, in Italy you can even sue for infringement-related damages/compensation based on a pending application — but this does not work in any other developed jurisdiction, as far as I know.
Btw, the US is not the worst case scenario. E.g. in Brasil obtaining a patent normally takes around 14 years. But in Russia, an expedited procedure was introduced last year that, subject to additional costs, allows for obtaining a patent in just a few months.
baranchikov>> Yes, there is the concept of interim protection, which is applicable between the filing of an application and the grant of a patent.
Are you sure? I thought interim protection would start after publication of an application, not immediately after filing thereof.
baranchikov>> But in Russia, an expedited procedure was introduced last year that, subject to additional costs, allows for obtaining a patent in just a few months.
Really? Never heard of this. Any proof?
Are you sure? I thought interim protection would start after publication of an application, not immediately after filing thereof.
baranchikov>> But in Russia, an expedited procedure was introduced last year that, subject to additional costs, allows for obtaining a patent in just a few months.
Really? Never heard of this. Any proof?
Hi Stanislav, thanks for picking up on the ambiguity. Indeed, a grant of the interim protection is tied with the publication of an application. The exclusive right, however, has effect from the filing date — provided the protection is granted (which, undoubtedly, you know).
It surprises me that you have not been aware of the expedited examination — we have been using same for almost a year now, since early March 2018 at the least. The relevant information can be found right on the patent office’s website: new.fips.ru/vse-uslugi
It surprises me that you have not been aware of the expedited examination — we have been using same for almost a year now, since early March 2018 at the least. The relevant information can be found right on the patent office’s website: new.fips.ru/vse-uslugi
Well, now I see what you mean. This is using search-on-demand, which is faster than a regular search. Does it really speed up patent prosecution?
This seems to be hard to miss, but here you go (please pay attention to the blue sector on the upper-right):
Also I refer to the manual at new.fips.ru/vse-uslugi/Instruction_accelerated_applications.pdf — I quote for you in Russian, preserving the caps-lock which is somewhat appropriate here:
If you have further questions about how this works, I guess you could PM Oleg capitnblack who has a good knowledge of all the peculiarities — we do not mind at all providing our expertise to colleagues-in-trade.
Also I refer to the manual at new.fips.ru/vse-uslugi/Instruction_accelerated_applications.pdf — I quote for you in Russian, preserving the caps-lock which is somewhat appropriate here:
По ОБЪЕКТАМ ПАТЕНТНОГО ПРАВА (ИЗ, ПМ, ПО) поиски для ускорения рассмотрения заявки проводятся на основании заключаемых договоров.
If you have further questions about how this works, I guess you could PM Oleg capitnblack who has a good knowledge of all the peculiarities — we do not mind at all providing our expertise to colleagues-in-trade.
Well, now I see what you mean. This is using search-on-demand, which is faster than a regular search. Does it really speed up patent prosecution?
Wow, I did not know it was possible to edit one’s comments even after 30 minutes. In any case, if I were you I would not replace the text completely instead of making a new comment — as I did not even get a notification for your new question — the answer to which: sure it does.
Also, I hope you do not mind if I cite your original comment, as it appeared before the editing — just for the sake of the conversation’s integrity:
Well, I followed the link you've specified (new.fips.ru/vse-uslugi) and I did not find any speed-up procedures for patent prosecution. Probably, you mean trademark accelerated examination. But this is a different matter.
My reply to this now happens to be above this comment.
Alexander, thanks for clarifications on Rospatent paid options.
As for editing comments, yes, it is possible during some time after entering (not very long). The site engine may have some delay in refreshing your screen, so it may be useful to force the refresh button to have the latest information.
As for editing comments, yes, it is possible during some time after entering (not very long). The site engine may have some delay in refreshing your screen, so it may be useful to force the refresh button to have the latest information.
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