When a foreign company brings its product to the Russian market, one of the first questions that arises is how to patent the design so that local competitors cannot copy it. In Russia, design protection takes the form of an industrial design patent, and obtaining it is only possible through accredited Russian patent attorneys.
Russia is a jurisdiction with its own procedure for examination and filing of applications. A foreign applicant cannot file an application independently: this is done only through a registered russian patent attorney accredited with Rospatent. Such an intermediary:
- prepares materials in Russian,
- determines the correct Locarno class,
- double-checks documents for compliance with the Civil Code of the Russian Federation,
- accompanies the entire procedure up to obtaining a patent.
This is a key detail, without which a foreign brand cannot act in Russia.
Legal Framework: What an Industrial Design Protects
- Basis: Part IV of the Civil Code of the Russian Federation (Art. 1352 and following).
- A patent is granted subject to the conditions: novelty and originality.
- The design may protect the shape, line, configuration, ornament, combination of colors — everything that defines the appearance of the product.
- Term of protection: 5 years with the possibility of extension up to 25 years.
The Role of the Locarno Classification
The application must indicate the class and subclass of the Locarno Classification (an international directory of designs used by Rospatent). This is necessary:
- so that experts compare your design precisely with analogs in the corresponding class,
- so that you can track potential conflicts,
- so that you can expand your search when identifying infringers.
Examples:
- 11-01 — packaging for liquids (bottles, flasks),
- 12-08 — automobiles,
- 14-01 — wristwatches,
- 20-01 — furniture (chairs, sofas).
The Russian attorney will indicate the exact subclasses for each product.
How to File an Application Through a Russian Patent Attorney
- Preliminary Analysis
- The attorney conducts a search in the Rospatent database.
- Determines the risks of refusal (existence of similar solutions).
- Preparation of Materials
- Proper description of essential features.
- Photos and graphics from different angles (usually 7 images: front, back, left, right, top, bottom, and isometry).
- Indication of Locarno classes.
- Filing an Application with Rospatent
- The attorney acts on behalf of the foreign applicant.
- Payment of the state fee (from 2024 — from 5,000 ₽ for filing and 13,000 ₽ for granting a patent).
- Formal Examination
- Verification of completeness of documents and payment of fees.
- Substantive Examination
- Comparison with already registered designs.
- Verification for novelty and originality.
- Registration and Grant of Patent
- Publication in the official bulletin.
- Entry into the State Register of Industrial Designs.
From the date of filing the application, temporary protection arises: if a competitor copies the design before the patent is granted, you already have grounds for claims. This is an important argument in the fight against unfair copies.
Practical Example
A company from Italy developed a unique shape of a glass bottle for cosmetics. To protect it in Russia:
- through a Russian attorney they filed an application with photos in class 11-01,
- indicated essential features (asymmetric neck, ornament in the form of waves),
- after 7 months obtained a patent,
- now, when copies are discovered on the market, they can officially demand termination of production and claim compensation.
Pitfalls
- Insufficiently high-quality images → the application may be rejected.
- Incorrect Locarno class → the patent may not cover the necessary segment.
- Failure to pay renewal fees → the patent will lose force.
- Differences of “5%” by a competitor → the dispute will have to be resolved in court through experts.
For a foreign brand, protecting design in Russia through an industrial design is a mandatory step if the product is sold on the Russian market or export is planned. The main thing is to work through a qualified Russian patent attorney, properly prepare images, and choose the Locarno class.
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