6.1. Scientific Activity
6.1.1. Scientific research carried out by FGU FIPS
Rospatent’s scientific activity is carried out on the basis of the R&D Plan of FGU FIPS approved by Rospatent. In 2010, the scientific activity was aimed at achieving the following tasks:
- improving enforcement practice with respect to legal protection and use of intellectual property rights;
- improvement of information and technological support of examination as well as expansion of availability of information arrays for carrying out of examination of the applications for industrial property rights;
- improvement of legislation in the field of legal protection and use of the results of scientific and technological activities, received at the expense of the Federal Budget.
In 2010 FGU FIPS carried out scientific research on 22 issues; on 17 of them final reports have been released.
FGU FIPS carried out research in three main directions:
I. In the field of the legal issues — development of:
- proposals concerning modification and amendments to the Administrative Regulations as to processing of the international applications for the inventions on the national phase and proposals concerning modification and amendments to the Search Guidelines (С-1-PO-2009, the code of R&D);
- proposals concerning modifications and amendments in corresponding Administrative Regulations relating to inventions (С-2-PO-2009);
- proposals concerning modifications and amendments in corresponding Administrative Regulations as to involving organizations by Rospatent conducting surveys of their accreditation and the subsequent interaction in the established field of activity (С-5-PO-2009);
- proposals concerning registration and publication of the non — traditional trademarks (С-9-PO-2009);
- draft of methodical recommendations for the study of issues connected with examination of applications for inventions which are not based on the modern scientific knowledge supported by official science (1-PO-2009);
- besides, definition of expediency and the size of possible individual fee of the Russian Federation is made and the documents for introduction of such fee are prepared (С-7-PO-2009).
II. In the field of information technology and a computerization — development of:
- materials for structure formation of the information representation with the subsequent development of its introduction in a search system (5-IT-2009);
- the information document reflecting the terms of procedures realization under applications for the inventions, utility models and industrial designs according to normative legal documents, also the requirement for software on control of the specified term are prepared (6-IT-2009);
- the information document reflecting the terms of examination procedures of trademark applications, service marks and application of origin according to normative acts, as well as the requirement for development of software for control of prescribed time limits are prepared (7-IT-2009);
- recommendations to examiners on carrying out of search in database DWPI included in system PatSearch (С-3-IT-2010);
- sample of the uniform database of terms of goods and services (1-IT-2010);
- proposals on providing of FGU FIPS employees with the means of electronic communication (2-IT-2010).
III. In the field of the economic and organizational problems the research is carried out as follows:
- development of research and information materials, which can be used with the purpose of preparation of the information for the Government of the Russian Federation, Ministry of Education and Science and other federal authorities (8-EP-2009);
- development of research and information review which can be used by examiners as the guide for optimization of carrying out of information search in the field of traffic regulating system as well as by the state and municipal authorities at a choice of traffic regulating systems (10-EP-2009);
- development of proposals concerning modification to current documents regulating scientific activity and implementation thereof in conformity with the modified normative acts (11-EP-2009);
- research of role and potential of protected results of intellectual activity in the course of their application in pharmaceutical field and development of research and information material for senior management of Rospatent and FGU FIPS (4-EP-2010);
- development of proposals on creation of the organizational and legal conditions providing for on the basis of creation of economic societies practical application of the results of intellectual activity of budgetary, scientific and educational institutions (5-EP-2010).
More detailed information is given on Rospatent website in section “Scientific Activity”.
Following R&D are the most important:
- “Research of balance of the substantive law provisions regulating assessment of patentability of inventions according to the Patent Cooperation Treaty (PCT) and according to the Russian legislation” (С-2-PO-2009). These materials were used in proposals for amendment of the Civil Code of the Russian Federation (Article 1375, 1386, 1387, 1398), presented to the Research Centre of Private Law under the President of the Russian Federation;
- “Research of search possibilities of the database DWPI realized in search system PatSearch, and preparation of recommendations to examiners on carrying out of search” (С-3-IT-2010);
- “Research of role and potential of protected results of intellectual activity in the course of their application in pharmaceutical field” (4-EP-2010). The research and information material for the senior management of Rospatent and FGU FIPS is prepared and published in magazine “The patent information today” № 3, 2010.
Received results of the R&D were used when drafting legal and normative acts, research and information materials which can be used by the top level management of Rospatent and FGU FIPS and for preparation of information for the Government of the Russian Federation, Ministry of Educational and Science and other federal authorities in preparation of recommendations on optimal use of information resources, including the transition to electronic data carriers.
On the basis of the R&D draft methodological recommendations and informational letters were prepared and adopted in due course.
The results of scientific and research activities are permanently reflected in the publications, studies, specialized magazines as well as in reports of the scientific and practical conferences, forums, seminars, workshops, etc.
In 2010 within the framework of the 14th Scientific and Practical Conference “Development of Legal Protection of Intellectual Property Objects and Information Technologies in this Field” reports based on the results of 9 R&D were presented and published.
6.1.2. Science and Technology Councils of Rospatent and FGU FIPS
The Science and Technology Councils (SТС) of Rospatent and FGU FIPS as consultative bodies under the Director General of Rospatent and the Director of FGU FIPS, play an important role in resolving outstanding scientific issues.
The STC consists not only of the officials of Rospatent and FGU FIPS, but also the representatives of the Ministry of Education and Science of the Russian Federation, Ministry of Defense of the Russian Federation, Federal Security Service, Chamber of Commerce and Industry of the Russian Federation, Universities including the Russian State Institute of Intellectual Property (RGIIS), Moscow State University, RGMU, public organizations such as the All-Russian Society of Inventors and Innovators, Association of Trademarks Holders, Association of Russian Patent Attorneys, representatives of other organizations and notable patent attorneys.
The STC accounts for 77 members, including 9 doctors of science, 33 candidates of science and 16 academicians of the public academies of sciences.
In 2010, 8 joint meetings of the Science and Technology Councils of Rospatent and FGU FIPS were held. 19 topical issues and reports were considered and as a result the corresponding decisions and recommendations were adopted.
The most important issues considered by the STC are as follows:
- results of Rospatent’s activities in 2009 and tasks for 2010;
- list of priority directions of a computerization development of Rospatent for 2010 and 2011-2012;
- results of performance by Rospatent of the state function on supervision in the area of legal protection and utilization of R&D received at the expense of the federal budget, monitoring of effective Administrative Regulation on performance of the above Rospatent’s function;
- international patenting, the main trends and prospects;
- directions of the administrative procedures optimization connected with legal protection of intellectual property objects;
- harmonization of the Rospatent Portal with the Uniform Portal of the State Services within the framework the “Electronic Government” program of implementation;
- perfection of educational and scientific and pedagogical activity of RGIIS;
- development of the first stage of paperless technology of examination of inventions;
- main results of development of trademark examination flow automation;
- results of consideration of appeals in the Chamber on Patent Disputes taking into account the carried out events;
- information about performance of STC decision on the issue “Perfection of methodical support of examination of the inventions under Part IV of the Civil Code”;
- monitoring of application of Administrative Regulation on examination of applications for inventions;
- results of priority directions of Rospatent computerization system development;
- measures for creation of “the inventive environment” in the regions of the Russian Federation;
- main results of creation of the Unit of Administrative Procedures on Objects of the Patent Law in the FGU FIPS.
At sessions of the STC the results of the Scientific and Practical Conferences and Seminars as an effective remedy for promotion of intellectual property protection and stimulation of innovative and inventive activity were discussed. The ceremonial meetings of the STC were devoted to the International Intellectual Property Day, Inventor and Innovator Day as well as to the award ceremony of nominees contest of the “100 of the Best Russian Inventions” and award of the Rospatent employees by the Mark of Honor of the Ministry of Education and Science.
Besides the Plenary sessions of the STC, the following sections of the STC were held in 2010: “Issues of Legal Protection and Examination of Industrial Property Objects”, “Information Technology and Computerization” and “Economic and Organizational Issues”.
Totally 11 meetings were held and more than 24 issues were considered.
6 final reports on the conducted R&D were considered at five sessions of the section “Issues of Legal Protection and Examination of Industrial Property Objects”, as well as nominees of employees of FGU FIPS recommended for postgraduate study in the RGIIS; the draft R&D Plan for 2011 was also considered.
6 final reports on the conducted R&D were considered at three sessions of the section “Information Technology and Computerization”; the draft R&D Plan for 2011 was discussed.
5 final reports on the conducted R&D were considered at two sessions of the section “Economic and Organizational Issues” and the draft R&D Plan for 2011 was considered.
Collective discussion of the topical issues contributed to improvement of quality of drafting of normative acts, planning of research works, identifying problems and issues requiring to be studied and solved.
6.1.3. Science Activities of the Russian State Institute of Intellectual Property (RGIIS)
In 2010 scientific activity in RGIIS was carried out in such forms as scientific researches of the teaching staff, scientific researches of post-graduate students and students, joint scientific researches of the teaching staff and students, scientific event (conferences, forums, seminars) and others.
In 2010 RGIIS was contracted for 5 scientific researches, including the scientific research that was carried at the request of the Inter-Parliamentary Assembly of the Eurasian Economic Community. Within the framework of these works recommendations on harmonization of the legislation of the Member States of the Inter-Parliamentary Assembly of the Eurasian Economic Community in the field of copyright and related rights, legal protection of trademarks and service marks and also model legal acts “On copyright and related rights” and “On legal protection of trademarks and service marks” were developed. One more scientific research concerning legal regulation by the Russian legislation and the international treaties of the Russian Federation dealing with obtaining authorization and payment of royalty to right holder by cablecasters was carried out at the request of the Russian Authors Society.
The first stage of scientific research carried out by order of Ministry of Education and Science of Russia on the topic “Development of methodical basis of realization by the state customers of actions on legal protection and acceptance to the budgetary account of intellectual activity results received within the framework of the state contracts the rights on which are fixed in the name of the Russian Federation represented by a state customer in civil area” was finished.
Performance of R&D on various subjects in RGIIS departments was continued. Amount of these works was increased by 77,8%. The institute closely cooperated with Rospatent in preparation of R&D list and dissertational thesis topical for the Rospatent system.
Implementation of R&D results into educational process is extended.
Students and post-graduate students took part in the Open Scientific Research Contest which is traditionally conducted in RGIIS during Intellectual Property Days. Within the limits of other scientific activity formats students took part in two researches: “Research of Innovative Activity of RGIIS in Providing Educational Services” and “Support Infrastructure for Small and Medium-sized Innovative Business”.
During the year, sessions of the scientific schools of RGIIS were held. Copyright School and Industrial Property School constantly conducted the sessions at which topical issues were raised. Intellectual Property Management School formed in 2010 has already started active work and has held a scientific seminar concerning “Dualism of Intellectual Property” in November. University internal seminars were held in RGIIS regularly. The department of civil law and business law has held within the fiscal year 4 issue-specific seminars on such topics as “Contractual Relations in Intellectual Property”, “Property Right”, “Basics of the Russian Law” and “Legal Entities and Property Right”.
RGIIS students participated in the 16th International Scientific and Technology Conference (their speeches were published in the collected materials of conference), prepared business project for the Youth Innovative Modular Educational Program that is named “Managers of the XXI century” (the project took the second place), took part in the Round Table “The Role of the Youth Scientific Organizations in Realization of Innovative Projects” (article prepared by them was published in the Collected Works), “Innovation Models for Designing. Business — Young Science -Power”, “Support of Young Specialist in the Field of Intellectual Property”.
In 2010, the work on participation of post-graduate students in scientific activity was continued. It is mainly connected with activity of the Young Scientists Council. The data exchange initiated in 2009, after inclusion of RGIIS representative in Young Scientists Council on Central Administrative District of Moscow was actively continued in 2010. The students, post-graduate students and employees of the RGIIS took part in a variety of scientific events:
- Round Table devoted to the Moscow Regional Stage of the All-Russia Competition of the Youth Author’s Projects, aimed at the social and economic development of the Russian territories;
- Business game “Public Debate” at which various issues connected with the further development of Russia were discussed.
Round Table on the “Outstanding Issues of Intellectual Property Commercialization” with participation of Dr. Boris Simonov, Director General of the Federal Service for Intellectual Property, Patents and Trademarks was organized for post-graduate students.
Post-graduate students are involved in the work of the scientific schools functioning at RGIIS.
Work on the organization and conduction of the scientific and scientific and practical events in RGIIS and also work on participation in scientific and scientific and practical events of the external organizations was actively conducted.
During the Intellectual Property Days, the VI Annual Scientific and Practical Conference “Intellectual Property in Innovative Development of Russia” was organized, 3 Round Tables were held jointly with the Chamber of Commerce and Industry of the Russian Federation: “Outstanding Issues of Protection of Right Holders in the Field of Copyright and Related Rights”, “Commercialization of Intellectual Property Objects and Increasing of Company Capitalization” and “Intellectual Property Management: Economic Aspect (account and audit, inventory and estimation)”. The Methodical Seminar devoted to use of active educational forms in training of specialist in the field of intellectual property, the Scientific and Practical Seminar “Intellectual Property in Innovative Activity of the Enterprise” was held; within the framework of the international salon “Archimedes — 2010” the Round Table “Problems of Intellectual Property Commercialization” was organized. Jointly with the Chamber of Commerce and Industry of the Russian Federation, Rospatent, “Souzpatent” and the Russian Author’s Society RGIIS conducted the III- th All-Russia Forum “Intellectual Property — the XXI-st century”. Together with WIPO, the Chamber of Commerce and Industry of the Russian Federation and its branches RGIIS acted as the organizer of two seminars devoted to the issues of copyright and the related rights which took place in Kaliningrad and Nizhniy Novgorod.
In 2010 teachers of RGIIS took part more than in fifty scientific events carried out by other universities and organizations (conferences, symposiums, round tables, seminars, congresses, sessions and forums).
Last year the staff of Institute continued the practice of scientific publications.
In particular, issue of various scientific Collections of RGIIS was continued. Three materials collections of different seminars, Collection of Scientific Papers (Vestnik of RGIIS), Collection of Scientific Papers of post-graduate students, and also the Collection devoted to actual issues of application of codified copyright and related rights legislation have been published. Following the results of III-th International Conference “Sociology of Innovation” the Collection of scientific reports in 3 volumes was prepared. Scientific and Methodical Council for Intellectual Property considered and approved the publication of 16 monographs and 3 textbooks; it also confirmed the new program of enhancing professional skills “Intellectual Property Management in Universities” (72 hours) and the updated program of enhancing professional skills “Estimated Activity” (104 hours). Training Council approved 15 manuals, 31 training sets and 6 courses of lectures.
59 inquiries on providing consulting services from individuals and legal entities was received in 2010 by RGIIS. The subject of scientific consultations prepared in 2010 was related to the issues of copyright, patent law, the means of individualization and evaluation of copyright works. Carrying out of applied researches give to teachers very good practical material which they use on lectures and seminars.
Professors of RGIIS took part in consultation at the All-Russia Youth Innovative Forum “Seliger-2010” and prepared: remarks and proposals to recommendations of Parliamentary hearings concerning creation of innovation market (legislative aspect), and also on a material “Creative Commons Licenses — legal status and adaptation problems in the Russian Federation”, opinion on the draft Glossary of the model legislation for the Member-States of Commonwealth of the Independent Sates (CIS) in the field of intellectual property; within the framework of performance of the instruction of the Governmental Commission “Inquiry on Application of Mechanisms of the Right Protection Concerning the Industrial Property to Certain Objects of Copyright and Related Rights” was prepared.
6.2. Training and Enhancing Professional Skills of Specialists in the Field of Intellectual Property
6.2.1. Training and Raising Qualification of Specialists at RGIIS
In total, 559 students were trained at RGIIS under day time learning system, including: Faculty of Law — 353 students, Faculty of Intellectual Property Management — 205students. 160 persons were trained on a state budgetary basis.
In 2010 the RGIIS has trained 163 certificated experts in intellectual property field and 243 people became students.
The distance technologies are applied in educational process off-presence learning of the RGIIS that allows expanding contingent of the trainees from the regions of Russia. 20 persons were trained with application of distance educational technologies. With reference to the concluded contract the realization of distance educational technologies in RGIIS since September 1, 2010 began to be carried out on the basis of Information Technology Institute of Moscow. The students who started their distance training before 2010-2011 were transferred to traditional off-presence learning. Under the off-presence learning in the RGIIS 610 persons are being trained. Taking into account students on-site and off-site learning 1264 persons are trained at RGIIS.
The Institute plans to improve the activity in realization of distance learning programs and performance of research in the field of intellectual property, including by means of use of experience of the organizations entering into the WIPO worldwide network of the Universities, which the RGIIS joined in 2009. The data about results of distance learning on regions of the Russian Federation is presented in Annex 5.
In 2009 the Institute held testing of students on the basis of the FEPO (Federal Internet Test in the Field of Professional Training) organized by the National Accreditation Agency. The students of 1 to 4 courses of day time learning system of the RGIIS on 18 disciplines have passed the testing procedure. The percentage of didactic units has been about 70%.
The training and methodical support of educational activity of the Institute allows to realize in full professional and educational programs and carry out training of the experts according to the state educational standards of the higher professional education. In 2009 the RGIIS Library has gained in 1656 books and 1342 units of the training and methodical literature.
The Faculties permanently involve students in active participation both in scientific and public events of the Institute: sport competitions, youth and scientific actions, including regional ones.
The major part of the educational process for experts training in intellectual property field is internship. 129 students of RGIIS were sent for internship to FGU FIPS in 2010.
Rospatent and the RGIIS pay attention to development of the Pre-University training system in intellectual property field.
The Introductory Courses of RGIIS aimed at training before entering the Institute continue functioning. 58 persons were trained in the Introductory Courses and more than 50% became RGIIS students.
In 2010 RGIIS organized the All-Russian National Intellectual Property Quiz. The award for the first prize-winner was the Certificate of the right to free training in the RGIIS. By results of the registration which ended in December 7239 senior pupils (in 2009 — 5000 persons) were registered for the quiz.
Improvement of Professional Skills in the Field of Intellectual Property
In 2010, the faculty of improvement of professional skills and professional retraining continued development and updating of existing training programs. 7 programs of professional retraining were updated, 2 new programs of professional retraining and 1 program of improvement of professional skills were elaborated.
In 2010 the following training programs of professional retraining were carried out:
- “Intellectual Property. Patenting”;
- “Legal Protection and Enforcement of Intellectual Property Rights”;
- “Evaluation of the Enterprise (Business) Cost”;
- Professional retraining in the field of intellectual property;
- The following courses of improvement of professional skills have been organized:
- “Intellectual Property in Innovative Activity of the Enterprise”;
- “Evaluation Activity”;
- “Intellectual Property in the Universities”.
76 employees of FGU FIPS have completed training under the program of improvement of professional skills on carrying out examination of the inventions, utility models.
Law enforcement officials, officials of State authorities and enterprises were trained under the following programs of improvement of professional skills:
- “Prevention of Infringements in Intellectual Property Field”;
- “Intellectual Property in the Innovative Activity of the Enterprises”;
- “English Language in Business and Intellectual Property Field”.
Preparation of candidates to patent attorneys which is carried out at the faculty of improvement of professional skills and professional retraining in RGIIS was continued. In total 122 persons passed the preparation of candidates to patent attorneys.
419 persons in 2010 were trained at the faculty of additional education in RGIIS that exceeds the plan confirmed by Rospatent for 2010.
Postgraduate study of the RGIIS successfully continues solving problem of preparation of scientific staff. 14 persons in 2010 have successfully presented the dissertation thesis, among them 7 persons on the specialty 08.00.05 “Economy and Management of National Economy” and 7 on the specialty 12.00.03 “Civil Laws, Enterprise Law, Family Law, International Private Law”.
68 persons were accepted in 2010 in postgraduate coupes of the RGIIS, including: the specialty 08.00.05 “Economy and Management of National Economy” and 12.00.03 “Civil Laws, Enterprise Law, Family Law, International Private Law”.
In Institute Library the databank of the dissertation thesis in RGIIS is created and updated, which at present totals to 430 copies of dissertations thesis.
6.2.2. Training of the Civil Servants of Rospatent
Training of the servants of Rospatent in 2010 is illustrated in the Table 6.2.2.
Training of the Civil Servants of Rospatent in 2010
Total Number of the Civil Servants Trained under the Programs of Improvement of Professional Skills in the State Educational Institutes
In Institutes of Improvement of Professional Skill
Increase of Efficiency of the Government within the Limits of Development of the State Civil Service And Carrying out of Administrative Reform
The National Plan of Counteraction of Corruption from July, 31st, 2008 № Pr-1568 and Measures on Its Realization
6.3. Certification and Registration of Patent Attorneys
6.3.1. Maintaining the patent attorneys’ register
The Federal Law of December 30, 2008 № 316-FZ “On the Patent Attorneys” (hereinafter referred as the Federal Law) and the Resolution of the Government of the Russian Federation of April 7, 2004 № 178 “Issues of the Federal Service for Intellectual Property, Patents and Trademarks” assign to Rospatent the supervision of fulfillment by patent attorneys of the requirements provided by the Russian legislation. Article 3 of the Federal law provides that the patent attorney has the right to carry out the professional activity independently being engaged in private practice, and also on the basis of the labor contract between the patent attorney and the employer (legal entity). According to paragraph 5 of Part 4 of Articles 7 of the Federal law, the Register of patent attorneys (hereinafter referred as the Register) should contain the name of the employer of the patent attorney or indication of individual professional work of the patent attorney.
Rospatent analyzed the data contained in the Register including the section “Open Registers” on the official site of Rospatent and has established that as for 112 patent attorneys registered during the different period of time in the column “the name of the organization and a position” there is note “the independent patent attorney” which was brought in the Register on the basis of registration statements submitted to Rospatent by candidates for patent attorneys, and statements for modification of the data contained in the Register sent to Rospatent by patent attorneys.
In 2010 Rospatent, according to the provisions of the Federal law, posted on the official Rospatent site (Section “Patent attorneys”) the announcement for the patent attorneys registered in Rospatent in which relation to Register data as well as in “Open Registers” the note “Independent Patent Attorney” are contained, with the offer till April 15, 2010 to present to Rospatent the information on the realization by patent attorneys their activity provided by a Part 1 of Article 3 of the Federal Law. Thus in the announcement has been specified that in case when the specified data in fixed period will not be presented to Rospatent the note “Independent Patent Attorney” will be deleted from the Register and the official Rospatent site.
34 statements from patent attorneys with the request to amend the Register, namely to specify the form of realization their activity according to requirements of the Federal Law was received by Rospatent. However 78 patent attorneys have left the announcement of Rospatent placed on the official site in section “Patent attorneys”.
Rospatent has deleted from the Register and “Open Registers” the note “Independent Patent Attorney” concerning corresponding patent attorneys.
In 2010 the number of the patent attorneys listed in the Register, has increased amounting to 1318 persons.
6.3.2. The organization and conduction of works on certification of patent attorneys
According to paragraph 5.3 of the Statute of the Federal Service for Intellectual Property, Patents and Trademarks, approved by the Resolution of the Government of the Russian Federation № 299 of 6.16.2004 (with changes and additions) Rospatent carries out the state function (service) on certification and registration of patent attorneys of the Russian Federation as well as issue of registration certificates.
On April 5, 2010 in the Bulletin of normative acts of federal authorities № 14 the Administrative Regulation of the Federal Service for Intellectual Property, Patents and Trademarks to Fulfill the Functions Incurred by the State on Attestation and Registration of Patent Attorneys of the Russian Federation as well as the control over performance by patent attorneys of the requirements provided by the legislation of the Russian Federation, confirmed by the order of the Ministry of Education and Science of the Russian Federation from October 5, 2009 № 368 registered by Ministry of Justice of the Russian Federation from February 2, 2010, (registration № 16201) was published. The Administrative regulation defines the terms and sequence of actions (administrative procedures) at realization of the state function (service) of Rospatent on the organization of reception and check of statements about certification as the patent attorney, certification, registration and issue of registration certificates of patent attorneys as well as the control over performance by patent attorneys of the requirements provided by the legislation of the Russian Federation.
In connection with introduction of Administrative Regulations Rospatent is guided in the activity by provisions of the given normative act.
22.214.171.124. Activity of the qualifying commission of Rospatent
In 2010 Rospatent while performing its function as a certifying body for citizens wishing to obtain the status of patent attorney of the Russian Federation, as well as for patent attorneys of the Russian Federation wishing to expand their area of practice as per part 12 of Article 9 of the Federal Law within the specializations provided for by part 7 of Article 6 of the Federal Law, conducted the certification via qualification exams for 5 specializations, namely “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integral Circuits” (CP, DB, TIC). For the latter specialization the exams were held for the first time.
Under part 4 of Article 6 of the Federal Law the process of certification involves:
the confirmation of meeting the requirements provided for patent attorneys under parts 2 and 3 of Article 2 of the Federal Law and under part 13 of this Article, which results in the decision to permit or to refuse to admission to the qualification exam;
the qualification exam, during which the candidate to patent attorney is tested to have the knowledge and the respective practical skills necessary to practice as a patent attorney;
the decision to certify or to refuse to certify as a result of the qualification exam.
For the purpose of organization of patent attorney certification the qualifying commission of Rospatent was established by the Order of Rospatent № 166 dated November 23, 2009 (with amendments and additions as of April 27, 2010 and December 13, 2010); it includes both Rospatent and FGU FIPS specialists and patent attorneys registered in the Russian Federation, presented by public associations of patent attorneys as per part 2 of Article 6 of the Federal Law, namely by the Regional Public Organization “The Board of Patent Attorneys of St-Petersburg” and the Interregional Public Organization “Association of Patent Attorneys”. Patent attorneys within the qualifying commission constitute one third of the total number of members of the qualification commission and are subject to rotation once per three years.
On April 2, 2010 the qualifying commission of Rospatent in accordance with Paragraph 11.1.4 of the Administrative regulations approved and recommended the following documents:
- The Program of the qualification examination for candidates to patent attorneys and for patent attorneys wishing to expand their area of practice to the specializations provided by law (hereinafter referred to as the Program);
- The List of legal acts and other documents, the knowledge of which is necessary during the qualification examination for candidates to patent attorneys and for patent attorneys wishing to expand their area of practice to the specializations provided by law (hereinafter referred to as the List).
The Program and the List were substantially updated as compared to the previous documents, which is caused by the adoption of a wide range of acts in the field of intellectual property.
The Program includes both general and special questions relating to the establishment of legal protection for results of intellectual activity and for means of individualization; to the disposition of exclusive rights to a result of intellectual activity and to a means of individualization and the transfer of exclusive rights to such result or such means in the absence of a contract; to the administrative enforcement of IP rights, as well as to provisions of the international treaties in the field of IP that have Russia as a member and of the legislation on administrative offences.
The recommended List includes the legal acts, acts of the President of the Russian Federation and of the Government of the Russian Federation, legal acts of the Ministry of Education and Science of the Russian Federation, of Rospatent and of other state bodies, international acts, judicial documents, the knowledge of which must be shown by candidates to patent attorneys during the qualification examination (these documents were placed at the Rospatent official website on April 7, 2010 in the “Patent Attorneys” section for the stakeholders’ information).
Additionally, at the above mentioned meeting the qualifying commission of Rospatent considered and approved a set of examination tasks (for computer testing and for the written work) for the CP, DB, TIC specialization. It also adopted the membership of the examiners picked among the FGU FIPS and RGIIS specialists, which take part in the checking of the examination works. The list currently includes 38 specialists.
On May 31, 2010 the qualifying commission of Rospatent, aiming to help the candidates to patent attorneys and the patent attorneys wishing to expand their area of practice with filing the documents that need to be submitted for certification, developed and recommended for use the Methodic Recommendations for filing and submitting the application for certification as a patent attorney and the attached documents (replacing the previously acting Methodic Recommendations for filing the documents for certification and registration as a patent attorney dated November 29, 2004). The Recommendations were placed at the Rospatent official website on June 4, 2010. Developed in accordance with the provisions of the acting legal documents and with account of practice of consideration of documents submitted for certification and considered by the qualifying commission of Rospatent, these Methodical Recommendations aim to clarify the requirements for the documents attached to the application for certification, which serves to reduce the filing error rate.
In 2010 the members of the qualifying commission of Rospatent together with the specialists of Rospatent and its competent state bodies (FGU FIPS and RGIIS) took part in the development of an additional set of examination tasks based on the Recommended Program. In particular the qualifying commission of Rospatent considered and adopted the questions for computer testing and the examination tasks for the written work (consisting of a practical task and a case) on the topic “Disposition of an exclusive right in an invention, a utility model, an industrial design, a trademark and a service mark”, as well as the examination tasks on the topic “Legal protection, use and enforcement of trademarks, service marks and appellations of origin”, which were considered and adopted by the qualifying commission of Rospatent on July 21, 2010.
As a result of the work made, on July 28, 2010 a list of examples of questions and practical tasks for preparation for the qualification exam for candidates to patent attorneys was placed at the Rospatent official site in the “Patent Attorneys” section.
The general activity of the qualifying commission of Rospatent is related to the organization and carrying out the certification of candidates to patent attorneys. In 2010 Rospatent conducted three qualification exams within the framework of the acting legislation: May 17–21, September 6–10 and November 16–18, 2010.
Rospatent received 240 applications for certification as patent attorneys.
By decisions of the qualifying commission of Rospatent of April 2, 2010, July 21, 2010 and October 5, 2010:
- 54 persons were not admitted to attend certification due to non-submission of documents confirming that they had at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization, as provided for by clause 4 of part 2 of Article 2 of the Federal Law;
- 186 persons were allowed to attend certification. 171 of them took part in the qualification exam, while 15 of them in accordance with Paragraph 11.4.4 of the Administrative regulations duly informed the commission prior to the start of the examination of the reason by which they were unable to attend the examination on the appointed day. These persons will have the opportunity to attend the following qualification examination in 2011, as provided for by the Administrative regulations.
By decisions of the qualifying commission of Rospatent of June 18, 2010, October 5, 2010 and December 17, 2010, 83 persons were not certified as patent attorneys. Meanwhile, 88 persons were certified as patent attorneys, including:
- 73 persons that received the status of patent attorney for the first time, 1 of them was certified for 3 specializations (I&UM; TM&SM; AO), 6 of them were certified for 2 specializations (1 for I&UM and ID; 1 for ID; TM&SM; 4 for TM&SM; AO), 66 were certified for 1 specialization (24 for I&UM, 2 for ID, 37 for TM&SM, 2 for AO, 1 for CP, DB, TIC).
- 15 patent attorneys of the Russian Federation that expanded their area of practice, 3 of them were certified for 2 specializations (1 for ID; CP, DB, TIC, 1 for ID; TM&SM, 1 for AO; CP, DB, TIC), 12 of them were certified for 1 specialization (2 for I&UM; 3 for ID, 3 for TM&SM, 4 for CP, DB, TIC).
It should be noted that in accordance with Paragraph 12.4 of the Administrative regulations the appeal commission of Rospatent by its decisions of January 21, 2010 and September 14, 2010 obliged the qualifying commission to hold a re-examination with a different membership of examiners for 9 persons, since their appeals to the respective decisions of the qualifying commission of Rospatent to refuse to certify them as patent attorneys were considered as grounded. As a result of the written work 2 persons got an “unsatisfactory’ mark and 7 got a “satisfactory” mark and by rulings of the qualifying commission of Rospatent of June 18, 2010 and December 17, 2010 were certified as patent attorneys.
As for the directions of the appeal commission of Rospatent made as a result of considering the appeals to the decisions of the qualifying commission of Rospatent, those were executed in due course.
126.96.36.199. Activity of the appeal commission of Rospatent
The activity of the appeal commission of Rospatent is governed by the Federal Law and the Administrative regulations.
The memberships of the appeal commission were adopted by the Order of Rospatent № 165 dated of November 23, 2009 (amended as of September 1, 2010).
In accordance with Article 9 of the Federal Law one third of members of the appeal commission consists of patent attorneys presented by the patent attorney public associations mentioned above.
In 2010 the appeal commission of Rospatent considered 23 appeals from candidates to patent attorneys as well as from patent attorneys wishing to expand their area of practice to the decisions of the qualification commission of Rospatent.
In relation to 15 appeals the appeal commission of Rospatent agreed with the decisions of the qualification commission of Rospatent.
In relation to 8 appeals the appeal commission of Rospatent in accordance with Paragraph 12.4 of the Administrative Regulations recommended the qualification commission of Rospatent to hold re-examination of the candidates to patent attorneys for the part of the test, the answers for which had been considered unsatisfactory. While considering the appeals, the appeal commission of Rospatent detected instances where the unsatisfactory answers of the candidates to patent attorneys could be explained by the incorrectness of the examination tasks.
Aiming to improve the process of examination of the candidates to patent attorneys, the appeal commission of Rospatent has submitted to the qualification commission of Rospatent proposals for updating the examination tasks and for amending the existing tasks.
In 2010 the appeal commission of Rospatent considered 6 appeals to the actions of patent attorneys. In accordance with Paragraph 12.3.2 of the Administrative Regulations notifications of the appeals received from individuals and entities were forwarded to the respective patent attorneys. Copies of the appeals were sent to the attorneys along with requests to present to the appeal commission of Rospatent explanation regarding motives stated in the appeals for consideration at the meeting of the appeal commission of Rospatent in accordance with Paragraph 12.3.3 of the Administrative Regulations.
After considering 3 cases of appeal the appeal commission of Rospatent did not reveal any inappropriate fulfillment by patent attorneys of their professional obligations.
In 2 cases of appeal the differences between the patent attorney and the appellant were adjusted prior to the decision of the appeal commission of Rospatent.
In 1 case of appeal the appeal commission of Rospatent made a decision that the appeal is beyond its authority, as provided for by Paragraph 3 of Article 9 of the Federal Law.
The sessions of the appeal commission of Rospatent were held upon the receipt of appeals. All the received appeals were considered and replies on them submitted in established order. There were also postponements in considering certain appeals, caused by the necessity to demand additional materials from patent attorneys or their opponents. During the summer there was a postponement of a session of the appeal commission of Rospatent caused by lack of members of the commission for holding the meeting due to the vacation period. The appellants were informed of the postponements.
6.4. Conferences, Seminars, Round Tables
The importance of these events organized by Rospatent is defined by the fact that they facilitate:
- exchange of experience between specialists in the field of intellectual property on the issues of legal protection of inventions, utility models, industrial designs, means of individualization, certain objects of copyright, as these events cover a wide and diverse range of participants, including the Rospatent system specialists, patent attorneys, patent engineers, inventors, examiners, state body representatives, representatives of judicial bodies, institutions of higher education, academic and science and research institutes, as well as representatives of a number of international organizations, namely WIPO, EPO, EAPO and of several foreign countries;
- promotion of the role and importance of intellectual property and its legal protection;
- education and training, since most participants can get the necessary and immediate information on many aspects within the scope of Rospatent activity while hearing reports and speeches of the management and specialists, primarily of the Rospatent system;
- communication to the participants of Scientific and Practical Conferences the results of scientific research conducted by the FGU FIPS specialists on matters relating to provision of legal protection to objects of industrial property, transfer of rights in them, legal enforcement, prevention of unfair business practices, development of information technologies, economic and organization problems in the field of IP.
The main major events held in Moscow:
The Round table concerning joining of Rospatent to the PPH (Patent Prosecution Highway) program was held in Rospatent and was aimed primarily at developers of new machinery and innovation technologies and focused on the discussion of international worksharing between patent office of different countries when examining the same application filed in these countries, which allows for reduction of application pendency in the office of second filing as well as of applicant’s costs of patenting his invention abroad.
4 reports were heard. Participants were also provided with detailed advice on the questions raised.
Scientific and Practical Conference “Legal Protection of Intellectual Property Objects within the Scope of Application of Part IVof the Civil Code of Russian Federation and the Administrative Regulations” within the framework of the XIII Salon for inventions and innovation technologies “Archimedes — 2010” in Sokolniki Park.
The co-organizers of the event — Rospatent and FGU FIPS.
13 reports of senior specialists of Rospatent and FGU FIPS were heard.
Approximately 150 persons participated in the Conference.
The traditional meeting of the Rospatent management and specialists with patent attorneys (round table), headed by Deputy Director of Rospatent L.L. Kiriy. The meeting within the framework of the topic “Discussion of Rospatent Proposals to Optimize Administrative Procedures” was practical for both parties. Answers and comments on the questions raised during the meeting were given by L.L. Kiriy and other specialists of the Rospatent system, namely, regarding improving the processes of considering the applications for inventions, utility models, industrial designs, of electronic filing for the said objects of patent law. The meeting hosted approximately 120 persons.
The XIV traditional Science and Practice Conference of Rospatent dedicated to the 50th anniversary of the Russian Science and Research Institute of Patent Examination (VNIIGPE) — FGU FIPS, held at the premises of Rospatent and FGU FIPS.
The participants of the Conference included:
- representatives of international organizations — World Intellectual Property Organization (WIPO), Eurasian Patent Office (EAPO), EU delegation to Russia;
- representatives of foreign patent offices — Belarus, Hungary, Germany, Georgia, Kazakhstan, China, Moldova, Poland, Romania, Serbia, the USA, Uzbekistan, Estonia, Japan;
- representatives of the Ministry of Justice of Latvia;
- representatives of various state bodies — Federal Council of the Federal Assembly, State Duma, Federal Antimonopoly Service, Federal Security Service of Russia, Ministry of Internal Affairs of Russia, Ministry of Defense of RF, Ministry of Education and Science of RF, Federal Customs Service;
- representatives of public organizations and associations — the Russian Association of Inventors and Innovators (VOIR), Moscow Regional WIPO Council, Interregional Public Organization “Chamber of Patent Attorneys”, Chamber of Commerce and Industry of RF, the Board of Patent Attorneys of St-Petersburg, International Information Center “Archimedes”, Far-East Agency for Fostering Innovation;
- representatives of the Presidium of the Russian Academy of Sciences;
- representatives of the Russian Academy of Sciences;
- representatives of institutions of higher education and science and research institutes;
- representatives of industry enterprises;
- representatives of administrative bodies, information centers and other organizations from a range of regions of Russia (Vologda, Ryazan, Tver, Tyumen, Khabarovsk, Yaroslavl);
- representatives of certain foreign organizations and companies, including foreign patent attorneys and entities: Technologic Company of Schlumberger, LLC; Döhler NF & BI, LLC; Nestle Russia, LLC; Baker & McKenzie — CIS, ltd.;
- representatives of legal and commercial organizations, patent attorneys and other specialists and stakeholders in the field of IP protection in Russia.
There were also representatives of mass media, namely of the “Patents and Licenses” and “Intellectual Property” magazines.
Heads and specialists of the central body of Rospatent, FGU FIPS and RGIIS participated in the Conference.
The Conference hosted a total of 250 persons, including 21 representatives from far abroad countries, 12 from neighboring foreign countries and 39 from regions of Russia.
During the Conference 2 plenary sessions were held and 4 sections were operating, with 4 roundtables within their framework. 40 reports were heard at the plenary meetings and at the meetings of the sections, including 23 reports by the heads and specialists of Rospatent, FGU FIPS and RGIIS.
The main feature of the Conference was its dedication to the 50th anniversary of VNIIGPE — FGU FIPS and the fact that it covered the development of legal protection of objects of intellectual property and information technologies. This in particular invoked interest from a wide range of specialists in the field of IP protection, both domestic and foreign inventors and organizations involved into innovation, which is shown by the high number of representatives, by the number of regions and industry enterprises represented, by the active work of sections and round tables. Most notable is the high number of representatives from international organizations and foreign patent offices.
November 30 — December 1
Interregional Symposium on the Issues of Access to Patent Information and the Strategy of Its Use for Fostering Innovation.
Organizers: WIPO in collaboration with Rospatent.
A number of reports were heard and discussions held on actual problems.
Approximately 200 persons participated in the Symposium.
Other similar events held in 2010 are reflected in the section “Cooperation with the Regions of Russia”.