Since 2003 it has been possible to extend the duration or term
of a Russian patent for a drug, pesticide or agricultural chemical
by up to five years. Upon the patent holder's request, an
extension to a patent term may be obtained based on the
product's first marketing authorisation.
It used to be possible to extend patent claims related to a
substance, antibody or pharmaceutical formulation, which included
all possible alternatives covered in the corresponding patent
claim. However, in 2015 the regulations were tightened and it is
now possible to extend patent claims that covered a commercial
product whose use was permitted by a marketing authorisation
only.
According to the new legislation, an additional patent with
restricted claims is issued instead of an extension. The additional
patent's claims do not contain alternative features –
they are directly related to the product whose use was permitted by
the authorisation. Claims directed to use, process,
