Nadya Reingand, PhD
Washington DC, USA
© Copyright. All rights reserved.
Патентование в США
Patent Hatchery LLC
http://us-patent.ru
Patent Hatchery Company
Purdue University
Southampton University
Aston University
Kazakhstan State University
ContentCurrent status: facts and
speculations Intellectual Property territory:
why Russian/US patent is not valid in the other country?
Major differences and commons in law
Easy way to US market for Russian business
Legally using US patents for your benefit
Number of US patents granted to Russians
Number of USPTO patents granted to Japan,
Germany, France and UK
Is there something to worry about?
Current situation with patentingRussian innovations in USA
USPTO: 309 US patents of Russian
inventors
2009
© Nadya Reingand
Leading companies of “Russian” patentsKaspersky Lab is the third-largest consumer security software vendor in the world
RU
© Nadya Reingand
Leading technologies
software
© Nadya Reingand
Leading regions
Moscow 60%
Russian Patent Office data:Granted patents per year
Total
To Russians
And how is it back in Russia?
Russian patentTerritory:
Russian Federation
Eurasian patentTerritory -9 countries:Turkmenistan, Republic of Belarus, Republic of
Tajikistan, Russia, Azerbaijan Republic, Republic of
Kazakhstan, Kyrgyzstan,Republic of Armenia, Republic of Moldova.
Filed through PCT
Filed directly
http://www.unece.org/ceci/ppt_presentations/2008/ip/kryukova.pdf
Filed throughPO ofcontracting states
PCT countries
Non-PCT countries
FROM: OECD patent statistics manual By Organisation for Economic Co-operation and Development
USA PCT
Filing, search, examination fees
800 4000
Issue fee 480 National stage fees,Total: ~200,000 for 6 countries
Maintenance fees
3rd year 5007th year 130011th year 2100Total: ~4,000 for 20 years protection
Annual fees starting @ 400 up to 1400Total: ~20,000 for 20 years
If you file patent application in USA, it is NOT protected in other countries
It is easy to learn about your invention since it is publishedNobody in other country can get a patent for the invention which
copies your patented in USA invention
BUTAnyone can produce and sell your invention in other country, for
example, produce in China, sell in Germany
For example, it is legal to learn about certain technology (nanomaterials or medical treatment or whatever) from US patent and implement it in Russia if nobody patented it in
Russia
Patents are granted on
NovelUsefulNon-obvious
inventions or discoveries.
Are differences in the new invention compared to the prior art would have been obvious to a person having ordinary skill in the type of technology used in the invention.
In the patent:
Programming of cyclic running machines
Software patents are valid on the territory of that country where the patent was granted
Timeline for the patent application
publication
Provisional Application
filing
Nonprovisional Application
filing
12 months 12 months ~ 3 years
EU patent application
Patent issued
Time
US patent application
must be filed prior topublication
If no publication,12 months after filing
US provisional application
If no publication and provisional,12 months after filingUS nonprovisional
application
AcceleratedExamination
patentissued
Once again about timing and sequences
Generally:
Sometimes:
Almost never
National patent filing
PCT patent filing
National patent filing
Other country patent filing
PCT patent filing
National patent filing
Other country patent filing
National patent filing
National patent filing
Importance of US market
Number of US patents: - US origin- Foreign origin
U.S., Russian Patent Offices Strike Fast-Track Deal
a one-year pilot program on Sept. 1, 2010 to fast-track each other's approved patent applications.
Such "Patent Prosecution Highway Programs" allow patent offices to use each other's work to help process applications more quickly.
Patent Prosecution Highway Between USPTO and Rospatenthttp://www.uspto.gov/patents/init_events/pph/pph_ru.jsp
ConclusionsDue to
Importance of US marketRelatively low cost of filing applications in USFast track program between our officeFast prosecution compared to PCT
We should see much more direct filing of Russian inventions in US Patent Office
Why it does not happen and what can be done to improve this?