Home - About Rospatent - Annual reports - Annual report of Rospatent 2011 (Section 1)

Annual report of Rospatent 2011 (Section 1)

 

2011 Annual Report of Rospatent

 

Dear Ladies and Gentlemen!

We are pleased to present for your perusal the 2011 Annual Report of the Federal Service for Intellectual Property.

Activities of Rospatent in the field of improvement of the legal protection of the results of intellectual activities in 2011, as well as in previous years, were aimed at the improvement of the quality of applications’ examination and the accessibility of state services.

The detailed statistical results of Rospatent’s activities can be found on the pages of this Report. It should be noted that the overall number of applications in the reported year amounted to 111099, and the number of examinations carried out and decisions taken thereof amounted to 109156. These figures are higher than the plan for 2011 and also the 2010 indices. The overfulfilment of the plan is to a large extent due to the full-scale reform of the FIPS, the redistribution of the functions between the departments and the streamlining of the examination process.

Special efforts were undertaken in 2011 in order to ensure the quality of examination of invention applications. The process was conditioned, in particular, by the introduction of progressive procedures for foreign patenting of Russian inventions (in Japan, the Republic of Korea, the USA, Spain, Finland, Denmark) under the PPH and PCT-PPH programs.

Significant efforts were undertaken by Rospatent during the past two years to ensure the electronic interaction with the applicant in the course of rendering state services. The draft administrative regulations were amended with provisions governing the procedure of flow of applications using IT technologies, which will allow to broaden the format of electronic interaction, in particular, by means of a personal page of the applicant, the Multi-Functional Center (MFC) or the Single Portal of State and Municipal Services.

I would like to note that we are currently finalizing the elaboration of the legal normative basis aimed at the implementation of the Decree of the President of the Russian Federation of May 24, 2011 № 673, in compliance with which the Federal Service for Intellectual Property is charged with the functions of:

  • control and supervision in the field of legal protection and exploitation of the results of intellectual activities of military, special and dual designation created at the expense of the budgetary allocations of the federal budget and also the control and supervision in the specified field of competence in respect of organizations – executors of state contracts presupposing conduction of scientific and research, development and technological works;
  • control and supervision in the field of legal protection and exploitation of the results of intellectual activities of civil, military, special and dual designation created at the expense of the budgetary allocations of the federal budget in respect of state customers of state contracts presupposing conduction of scientific and research, development and technological works;
  • legal and normative regulation of issues related to control and supervision in the defined area of competence;
  • legal and normative regulation of the issues related to the provision of state services in the defined area of competence. This function was previously attributed to the Ministry of Education and Science of the Russian Federation.

At the same time, the mentioned Decree stipulates that Rospatent is the legal successor of the Ministry of Justice of the Russian Federation as far as the legal protection of the state interests in the process of economic and civil turnover of the results of scientific and research, development and technological works of military, special and dual designation is concerned.

In this respect, Rospatent is charged with the functions of a federal body acting on behalf of the Government of the Russian Federation in the process of negotiation and conclusion of intergovernmental Agreements with foreign states on Mutual Protection of Intellectual Property in the Course of Bilateral Military and Technical Cooperation (in compliance with the decree of the Government of the Russian Federation of April 21, 2010 № 271 with amendments of September 5, 2011) and the further implementation of similar Agreements concluded earlier.

Summing up the results of the past year we can definitely conclude that the activities of Rospatent contributed to the increased prestige of the Office in Russia and throughout the world.

I do hope that you will find the information contained in this 2011 Report of the Russian Federation patent office useful.

With warm regards and best wishes,
Director General of the Federal Service
for Intellectual Property
Boris Simonov
 

Section 1. Rendering State Services Related to the Legal Protection of Intellectual Property Objects

 

Zastavka_1.ai

1_Gruppa.tif
1_8047.tif

1.1. Ensuring the Quality of the Rendered State Services

The 2011 activities of Rospatent in the field of ensuring the quality of examination were determined by the goals and aims set forth in the Concept Paper of the Reduction of Administrative Barriers and Increasing the Accessibility of State and Municipal Services for the years 2011-2013 approved by the decree of the Government of the Russian Federation of June 10, 2011 № 1021-p.

With a view to implement the provisions of the Concept Paper aimed at the reduction of administrative barriers, improvement of quality and accessibility of state services, the optimization of the procedures of rendering state services, a number of draft administrative regulations for the state functions of Rospatent were developed in 2011, in particular dealing with:

  • receipt of applications for the Russian Federation invention patents, their registration and examination;
  • receipt of applications for the Russian Federation utility model patents, their registration and examination;
  • receipt of applications for the Russian Federation industrial design patents, their registration and examination;
  • receipt of applications for the registration of appellations of origin and the grant of exclusive rights in such appellations or applications for the grant of exclusive rights in prior registered appellations of origin, their registration and examination;
  • receipt, registration and consideration of applications for the state registration of computer programs and databases;
  • receipt, registration and consideration of applications for the state registration of topologies of integrated circuits;
  • receipt of applications for the state registration of trademarks, service marks, their registration and examination;
  • state registration of contracts on the disposition of exclusive rights in an invention, utility model, industrial design, trademark, service mark, registered topology of integrated circuit, computer program, database and also non-contractual transfer of exclusive rights in an invention, utility model, industrial design, trademark, service mark, registered topology of integrated circuit, computer program, database;
  • extension of validity of exclusive rights in an invention, utility model, industrial design, trademark, service mark, certificate of an exclusive right in an appellation of origin, and also the restoration of the validity of a patent for an invention, utility model, industrial design;
  • maintenance of the registers of the registered intellectual property objects, publication of information about the registered intellectual property objects, applications filed and patents and certificates granted, on the validity, termination and restoration of the legal protection in respect of intellectual property objects, transfer of rights in the protected objects;
  • consideration and administrative resolution of disputes related to the protection of intellectual rights in connection with filing and examination of applications for invention, utility model and industrial design patents, applications for registration of trademarks, service marks and appellations of origin, state registration of these results of intellectual activities and means of individualization, grant of legal documents, challenging the grant of legal protection to such results and means or its termination;
  • state registration of deals related to the exploitation of a joint technology abroad.

Draft administrative regulations were developed in compliance with the requirements of the Rules of Drafting and Adopting the Administrative Regulations for the Provision of State Services adopted by a decree of the Government of the Russian Federation of May 16, 2011 № 373 (hereinafter — the Rules).

The requirements set in respect of the structure and content of the administrative regulations correspond to the requirements of the Russian normative acts governing the procedure of provision of state services, in particular in electronic form, and also the requirements of:

  • the Federal Law of July 27, 2010 № 210-FZ “On the provision of state and municipal services” (the Code of Laws of the Russian Federation, 2010, № 31, ст.4179; 2011, № 15, ст. 2038);
  • the Federal Law of July 27, 2006 № 152-FZ “On the personal data”, (the Code of Laws of the Russian Federation, 2006, № 31, ст. 3451; 2009, № 48, ст. 5716, № 52, ст. 6439; 2010, № 27, ст. 3407, № 31, ст. 4173, 4196; № 49, ст. 6409; № 52, ст. 6974; 2011, № 23, ст. 3263; №31, ст. 4701);
  • the Federal Law of April 6, 2011 № 63-FZ “On the electronic signature” (the Code of Laws of the Russian Federation, 2011, № 15, ст. 2036; № 27 ст. 3880);
  • the Federal Law of July 1, 2011 № 169-FZ “On the introduction of amendments to certain legal acts of the Russian Federation” (the Code of Laws of the Russian Federation, 2011, № 27 ст. 3880);
  • decree of the Government of the Russian Federation as of September 8, 2010 № 697 “On a common system of interoffice electronic interaction” (the Code of Laws of the Russian Federation, 2010, № 38, ст. 4823; 2011, № 24, ст. 3503);
  • decree of the Government of the Russian Federation as of July 7, 2011 “On the procedure of drawing up and submission of applications and other documents necessary for the provision of state and/or municipal services in electronic form” (the Code of Laws of the Russian Federation, 2011, № 29 ст. 4497);
  • other legal acts of the Russian Federation.

The full list of the legal normative acts is contained in a separate section of the respective draft administrative regulation published on the official website of Rospatent.

According to the Federal Law of July 27, 2010 № 210-FZ the administrative regulation is a legal normative document setting the order for the provision of the state service and the standard for the provision of the state service. In compliance with the requirements set in the Rules, the standards of rendering state services in the field of legal protection of the results of intellectual activities and means of individualization are set forth in the process of elaboration of the draft administrative regulations. In particular, the exhaustive list of documents necessary for the provision of the state service is defined, the requirements to the appearance of the documents necessary for the provision of the state service and conduction of certain administrative procedures, including the electronic form is set forth, the procedure and the terms for the submission of documents are defined. The forms of the application and requests filed by the applicant in the process of the provision of the state function are developed. The requirements to the documents necessary for the provision of the state service correspond with the criteria of the examination of documents in the course of certain administrative procedures. The actions in respect of the examination of the documents are described in the section “Content, Sequence and Deadlines of the Administrative Procedures”.

The introduction of clear requirements for the appearance of documents necessary for the provision of state services and clear criteria for their examination is aimed at streamlining the administrative procedures and ensuring the transparency of activities of Rospatent related to the provision of state services.

The Federal Law of 27 July, 2010 № 210-FZ contains a prohibition to request from the applicants seeking the provision of a state service documents that are at the disposal of other federal executive authorities (hereinafter — FOIV) in case such documents are necessary for the provision of a state service. The mentioned requirement is aimed at the implementation of a “single window” principle of provision of state services.

In the course of elaboration of the draft administrative regulations special attention was paid to the legal issues of Rospatent’s interoffice interaction with other FOIV, including the electronic interaction using the system of electronic interoffice interaction (SEII). The implementation of such interoffice interaction is aimed at the reduction of the number of documents requested from the applicant. The elaboration of the respective provisions of the regulations was preceded by the development of technological maps of interoffice interaction and their discussion with the FOIV participating in the provision of state services related to the scope of competence of Rospatent. 11 technological maps were developed and discussed with the Federal Taxation Service, the Ministry of Health and Social Development of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation, the Ministry of Agriculture of the Russian Federation, and the Federal Service for Control on the Alcohol Market in 2011. This work is mentioned in further detail in paragraph 1.9 of the present Section.

We should separately mention the provisions governing the issue of electronic provision of state services. It should be noted that such a possibility is mentioned in the administrative regulations in a declarative manner. Nevertheless, in the recent years Rospatent has undertaken substantial work on the practical implementation of the electronic interaction with the applicant, in particular regarding the electronic filing of applications for inventions, trademarks and service marks. The importance of legal aspects of the electronic interaction is explained, in particular by the growing demand from the applicants for the electronic state service. In this connection the draft administrative regulations contain provisions governing the general aspects of electronic interaction with the applicant and the peculiarities of its implementation related to the use of the electronic signature, submission of documents in the electronic form, for example through the “Multifunctional Center” (MFC), the Single Portal of State and Municipal Services, and also the receipt and registration of such documents.

In the course of implementation of the provisions of the Federal Law of July 27, 2006 № 152-FZ “On the Personal Data” the draft administrative regulations were complemented with the provisions governing the necessity of consent of the subjects of personal data for the processing of such data and limiting the access to the personal data in the course of access of third parties to the application file. The development of the draft administrative regulations was carried out by Working Groups comprising the leading specialists of the Federal State Budgetary Enterprise “Federal Institute of Industrial Property” (hereinafter — FIPS). The composition of the Working Groups was adopted by Rospatent’s Order of June 24, 2011 № 73.

Work related to the enhancement of the quality of the state services were continued in 2011. In particular, the Quality Service of Rospatent was modified into the Department for Monitoring the Quality of the Provision of the State Services (hereinafter — the Department) with the broadening of the functions on the monitoring of the quality management system, quality of the documents prepared by the state intellectual property examiners of the examination divisions in the process of execution of the administrative procedures; quality of information searches; legal and organizational and technical support of the electronic interaction in the course of supply of state services through the federal state information system “Single Portal of the State and Municipal Services (Functions)”, websites of the Federal Service for Intellectual Property and FIPS, system of interoffice electronic interaction and other information systems.

The Department comprises for Divisions:

  • division for technological and organizational support of the quality of the rendered services;
  • division for legal support of the quality of the rendered state services;
  • division for monitoring of the activities of the examiner divisions;
  • division for the training and the assessment of the indicators of the quality of the rendered services.

The creation of the division for monitoring of the activities of the examiner divisions is aimed to ensure systematic control of the quality of examination of application for objects of patent law, including the information search, and also the quality of examination of applications for the means of individualization. The divisions is also charged with the function of rendering systematic methodological assistance to the examination divisions, conduction of training and consulting on legal and methodological issues related to the examination of applications for objects of patent law and means of individualization, in particular, in the course of information search.

The importance of the issues of the quality of examination is also due to the introduction of new procedures of foreign patenting of Russian inventions in foreign countries through РРН and РСТ-РРН, which provide for the use of the results of Rospatent’s examination of the invention application in the course of patenting of inventions in countries like Japan, Republic of Korea, the USA, Spain, Finland, Denmark.

As far as the methodological and organizational-technological support of the provision of state services is concerned, the Department has elaborated around 60 documents.

2011 was marked with the continuation of the improvement of the methodological support of the examination of applications for inventions and utility models. The work on the preparation of the Guidelines for the examination of invention applications initiated in 2010 n the framework of the “Approximation of the Intellectual Property Aspects in the EU and Russia” project was finished. The Guidelines are aimed at ensuring uniform practice of examination in the light of Part IV of the Civil Code of the Russian Federation (hereinafter — Part IV of the Code) and the Administrative Regulation for the Execution by the Federal Service for Intellectual Property of the State Functions on the Receipt of Applications for Inventions, their Consideration, Examination and Grant in Due Course of the Russian Federation Invention Patents. This should undoubtedly increase the overall quality of the examination of applications.

The Guidelines for the examination of invention applications consist of four sections, each of which contains recommendations on separate aspects of the application consideration. The first part is devoted to certain peculiarities of the formal examination; part two is devoted to the conduction of information search, namely the information search that constitutes the first stage of the substantive examination; part three is devoted to the check of the requirements related to the claims of the invention and the evaluation of the patentability of the claimed invention at the substantive examination stage; part four is devoted to the issue related to the drafting of the abstracts.

The Guidelines are complemented with recommendations concerning in particular the examination of the claims, identification of the essence of the invention as a technical solution, evaluation of the principle patentability of the invention, peculiarities of the check of industrial applicability, novelty, and inventive step by giving practical examples.

The abovementioned Guidelines were adopted and put into operation in the third quarter of 2011. The examiners of FIPS were trained in respect of the most important provisions of the Guidelines.

In order to provide exhaustive information on the relevant parts of the cited source of information, recommendations on the inclusion into the examination documents of the direct references to the place of such parts in the source of information for the ease of identification and analysis of the relevant parts by the applicant or third party having access to information search after the publication of the invention application were prepared.

Problematic situations related to the consideration of application for the means of individualization identified in the course of examination were dealt with in the course of the reported year. In particular, supplementary explanations were prepared in respect of the issue of identification and classification of services related to commercial activities. The unsettled practice of consideration of such issues impeded the determination of similarity of such service as in the process of conduction of examination of identifications applied for as service marks, as in the process of protection by the right holder of his exclusive rights or proving the use of the service mark. Recommendations on the check of the list containing the mentioned services were prepared in 2011 with due account of the practice of the WIPO and foreign patent offices.

As far as the organizational and technological support of the execution of administrative functions related to the consideration of applications for objects of patent law and means of individualization is concerned, a major part of the documents developed in 2011 concerns the automation the flow of applications, in particular dealing with:

  • organization of works on the implementation of transition to interoffice electronic interaction in the course of provision of state services;
  • ensuring the automation of the paperflow in the course of consideration of appeals and requests at the “Chamber for Patent Disputes” department of FIPS;
  • ensuring prompt transfer of electronic applications to the WIPO;
  • ensuring automated account of the indicators of the pendency of consideration of appeals and requests filed with the “Chamber for Patent Disputes” department of FIPS;
  • ensuring automated account of the pendency of examination and consideration of correspondence concerning the restoration of unmet deadlines in respect of trademark applications;
  • ensuring the recordation of the history of information searches and providing a possibility for a selective control of the search history and the search results in the information search system PatSearch;
  • ensuring the maintenance of the network file storage of “untraditional” claimed signs, trademarks and international signs received on electronic media.

The work conducted during 2011 related to the organizational and technological support of the flow of applications for objects of patent rights and means of individualization was primarily aimed at the optimization of administrative procedures through use of modern technologies and the subsequent reduction of workload and the pendency of consideration of application.

1.2. Rendering the state service concerning the receipt of applications for the grant of the Russian Federation patent for an invention and utility model, their registration and examination and the grant of patents

The structure of the Rospatent’s subordinate organization FIPS was modified in 2011 with an aim, in particular, to balance the distribution of applications between departments and divisions. The new structure of FIPS provides for fourteen thematic examination divisions:

Department of chemistry, biotechnology and medicine (Department 1):

  • Division of metallurgic industry and machinery (Division 02),
  • Division of organic compounds (Division 04),
  • Division of non-organic and polymer compounds (Division 05),
  • Division of biochemistry (Division 10),
  • Division of food industry and agriculture (Division 13),
  • Division of medicine and medicine equipment (Division 14),
  • Division of pharmaceuticals (Division 15),

Department of physics and applied mechanics (Department 2):

  • Division of mining and construction (Division 03),
  • Division of energetics (Division 06),
  • Division electrotechnics and communication (Division 07),
  • Division of computer technics (Division 08),
  • Division of transport (Division 11),
  • Division of textile and light industry (Division 12),
  • Division of measuring equipment (Division 28).

At the same time, the transition to a new system of remuneration of the examiner staff to increase the personal responsibility of the examiner for the quality of his work on the examination of an application was performed. In particular, a Procedure for the grant of the right of personal signature to the state intellectual property examiners was developed and an attestation of the examiner divisions’ staff was carried out at FIPS in compliance with the provisions of the Procedure. The right of personal signature is a right of a state intellectual property examiner to sign the prepared outgoing correspondence without the need to receive the consent of the management of the division. The grant of such right presumes the acknowledgement of the high qualification of the examiner and provides for the personal liability for the quality and timeliness of the preparation of examination documents. It also influences the monetary evaluation of his labor. By the end of the reported year around 300 examiners have been granted the right of the personal signature upon the results of the attestation. The transition to the new remuneration system allowed reducing the number of administrative staff of the examiner divisions and improving the quality of the conducted work. Thus, besides the improvement of the quality of work related to the examination of the application, the transition to the new system of remuneration is aimed at a more efficient use of budgetary resources and rational alignment of labor.

The 2011 examination practice proved the expediency of the 2010 decision to charge the branch examination division with the consideration of utility model applications. One of the most important issues in the course of the examination of utility models is the evaluation of the regularity of the identification of the substantive characteristics leading to the technical result. Such assessment can only be carried out by a specialist dealing with inventions in the same technical field.

It should be noted that 2011 can be characterized by the increase of the number of utility model applications. It required additional labor to ensure the timeframes set by normative regulations. However, the branch examination divisions did not reduce the pace and have fully met the annual planned indicators in the reported year. Besides the examination of invention and utility model applications, 936 information searches for the Turkish Patent Institute, 1023 international searches with opinions on international applications, 670 searches for the Eurasian Patent Office and 11 searches for the CIS countries were conducted in 2011.

Beside, Rospatent has continued participation in the Patent Prosecution Highway (PPH). The number of PPH applications nearly doubled in 2011 and amounted to 51 applications from US and JP applicants. Within the framework of the program a visit of the examiners from the Korean Intellectual Property Office took place. The examiners had a series of joint discussions with their Russian colleagues on the basis of application filed with both offices. Similar visits were paid by Russian examiners to the patent offices of Germany (DPMA) and the US (USPTO). In the course of such visits joint consideration of applications with foreign colleagues and consultations on legal and methodological issues took place, the examiners shared mutual experience. Such exchanges are important for the mutual improvement of the approaches to the examination of applications for inventions, study of the experience of other offices and building mutual trust in the results of the work received in the course of consideration of similar applications.

Special attention was paid in the reported year to the quality of information searches conducted by the examiners. A system of recordation of search history in respect of invention applications was introduced. I allows for a better evaluation of the quality of the conducted work. The examiners continued the work with the new extended version of the PatSearch search system.

The main 2011 indicators of the work related to the provision of state services on the state registration of inventions and utility models and the grant of patents are reflected in tables 1.2.1–1.2.6 and statistical tables contained in Annex 3.

Table 1.2.1

INVENTIONS: Filings for the Russian Federation Patents

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Filed with Rospatent, Total
Including:

39439

41849

38564

42500

41414

97,44

  1. by Russian Applicants

27505

27712

25598

28722

26495

92,25

  1. by Foreign Applicants

11934

14137

12966

13778

14919

108,28

Considered at the Stage of Expertise,
Total:

35337

38021

40085

40056

41781

104,31

Decisions Made:

Decisions on Granting, Including:

28212

29903

32144

30998

32250

104,04

to Russian Applicants

22066

22668

23502

21307

22339

104,84

to Foreign Applicants

6146

7235

8642

9691

9911

102,27

Decisions on Refusal, Including:

781

1230

959

963

844

87,64

to Russian Applicants

693

1078

816

809

728

89,99

to Foreign Applicants

88

152

143

154

116

75,32

Decisions on Withdrawal, Including:

6344

6888

6982

8095

8687

107,31

to Russian Applicants

4712

4503

4060

4161

5161

124,03

to Foreign Applicants

1632

2385

2922

3934

3526

89,63

Table 1.2.2

INVENTIONS: The Russian Federation Patents Issued

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Patents Issued, Total
Including:

23028

28808

34824

30322

29999

98,93

to Russian Applicants

18431

22260

26294

21627

20339

94,04

to Foreign Applicants

4597

6548

8530

8695

9660

111,10

Table 1.2.3

INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2011

Valid as of December 31, 2010

181904

Patents for Inventions Issued in 2011

29999

Ceased to be Valid in 2011 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

43345

Valid as of December 31, 2011

168558

 

Table 1.2.4

UTILITY MODELS: Dynamics of Filings

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Filed with Rospatent, Total
Including:

10075

10995

11153

12262

13241

107,98

by Russian Applicants

9588

10483

10728

11757

12584

107,03

by Foreign Applicants

487

512

425

505

657

130,10

Considered at the Stage of Expertise,
Total:

10318

10715

11953

11285

12541

111,13

Decisions Made:

Decisions on Granting, Including:

9683

10000

11094

10514

11614

110,46

to Russian Applicants

9224

9555

10710

10059

11090

110,25

to Foreign Applicants

459

445

384

455

524

115,16

Decisions on Refusal, Including:

16

25

42

20

0

to Russian Applicants

15

25

39

20

0

to Foreign Applicants

1

0

3

0

0

Decisions on Withdrawal, Including:

619

690

817

751

927

123,44

to Russian Applicants

591

648

775

724

887

122,51

to Foreign Applicants

28

42

42

27

40

148,15

 

Table 1.2.5

UTILIY MODELS: Dynamics of the Russian Patents Issued

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Patents Issued Total
Including:

9757

9673

10919

10581

11079

104,71

by Russian Applicants

9311

9250

10500

10187

10571

103,77

by Foreign Applicants

446

423

419

394

508

128,93

Table 1.2.6

UTILITY MODELS: Number of Valid Patent (Certificates) of the Russian Federation
as of December 31, 2011

Valid as of December 31, 2010

54848

Certificates for Utility Models Issued in 2011

11079

Ceased to be Valid in 2011 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

19051

Valid as of December 31, 2011

46876

1.3. Rendering the state service concerning the receipt of applications for the grant of the Russian Federation patent for an industrial design, their registration, examination and the grant of patents

The number of applications for industrial design patents in the reported year in comparison with the previous year has increased by 5% and amounted to 4197 applications, which is comparable to the pre-crisis period (4711 applications were filed with Rospatent in 2008). A significant increase is noticed in respect of applications for the protection of drawings as separate parts of products. Increased attention was paid to the observation of the timeframes of the administrative procedures in the course of consideration of applications for industrial designs. The average pendency of the substantive examination of industrial design applications in 2011 was maintained at the level of 2010 and amounted to 6 months.

A thematic meeting “Protection of Industrial Designs in Russia” was held in the end of 2011 on the basis of the FIPS department “All-Russian Patent and Technical Library” for the representatives of small and medium-sized business, students and professors of the universities, other specialists dealing with intellectual property protection. There are plan on conducting such meetings on a regular basis starting from 2012.

Monitoring of the application of the provisions of Part IV of the Code and the Administrative Regulation of the Execution by the Federal Service for Intellectual Property, Patents and Trademarks of the State Function on the Receipt of Applications for Industrial Designs and their Consideration, Examination and Grant in Due Course of the Russian Federation Industrial Design Patents was conducted throughout the year. A number of amendments and alterations to the current Administrative Regulation were proposed on the basis of Rospatent’s practice.

The main indices of the number of applications and grant of patents for industrial designs are reflected in tables 1.3.1–1.3.3 and in statistical tables contained in Annex 3.

Table 1.3.1

INDUSTRIAL DESIGNS: Dynamics of Filings and Examination of the Applications
for Russian Federation Patents

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Filed with Rospatent, Total
Including:

4823

4711

3740

3997

4197

105,00

by Russian Applicants

2742

2356

1972

1981

1913

96,57

by Foreign Applicants

2081

2355

1768

2016

2284

113,29

Considered at the Stage of Expertise,
Total:

4377

5194

5460

4557

4101

89,99

Decisions Made:
Decisions on Granting, Including:

3636

4360

4538

3940

3400

86,29

to Russian Applicants

2142

2273

2055

1940

1485

76,55

to Foreign Applicants

1494

2087

2483

2000

1915

95,75

Decisions on Refusal, Including:

110

179

120

112

143

127,68

to Russian Applicants

82

139

99

94

103

109,57

to Foreign Applicants

28

40

21

18

40

222,22

Decisions on Withdrawal, Including:

631

655

802

505

558

110,50

to Russian Applicants

513

495

614

392

403

102,81

to Foreign Applicants

118

160

188

113

155

137,17

Table 1.3.2

INDUSTRIAL DESIGNS: Dynamics of Issuing Patents of the Russian Federation in the Following Years

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Patents Issued, Total
Including:

4020

3657

4766

3566

3489

97,84

by Russian Applicants

2298

2062

2184

1741

1622

93,16

by Foreign Applicants

1722

1595

2582

1825

1867

102,30

Table 1.3.3

INDUSTRIAL DESIGNS: The Quantity of Valid Patents of the Russian Federation as of December 31, 2011

Valid as of December 31, 2010

22946

Patents issued in 2011

3489

Ceased to be Valid in 2011 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

5140

Valid as of December 31, 2011

21295

1.4. Rendering the state service concerning the receipt, registration and examination of applications for the state registration of trademarks, service marks and grant of certificates

The 2011 activities of Rospatent related to the legal protection of trademarks and service marks (hereinafter — trademark), examination of applications for trademarks and their state registration, grant of trademark certificates was conducted in compliance with the provisions of Part IV of the Code.

The work on the improvement of the methodological support of trademark examination was continued. It was aimed at the improvement of quality and the unification of the examination approaches in the issues of the fulfillment of trademark related requirements by the claimed signs.

The issues of legal protection of trademarks were discussed at conferences, seminars, expert meetings, roundtables held at Rospatent and in different Russian regions, in particular at the 15th annual Rospatent’s Scientific and Technical Conference devoted to the issues of development of legal protection of intellectual property, XIV Moscow International Industrial Property Salon “Archimedes-2011”.

The issues of improvement of the quality of examination were dealt with taking into consideration foreign practice shared in the course WIPO meetings, within the framework of the Madrid System and the Nice agreement on the international classification of goods and services, and also in the materials and recommendations developed in the framework of the WIPO Standing Committee on the Laws of Trademarks, Industrial Designs and Geographical Indications.

The reported year was marked with the increase of the number of applications filed with Rospatent for the state registration of trademarks.

The number of such applications amounted to 59717, which is 5,05% higher than the 2010 figure (56848). 54993 were examined in 2011, which is 2,97% higher than in 2010 (53408). 35954 trademarks were registered. The main indices are reflected in tables 1.4.1–1.4.3.

Table 1.4.1

TRADEMARKS AND SERVICE MARKS: Dynamics of Filings and Consideration of Application for Registration
of Trademarks and Service Marks of the Russian Federation

Indices

2007

2008

2009

2010

2011

2011 vs. 2010 (%)

Total Number of Applications for Trademark Registration filed in the Russian Federation, Including:

57262

57112

50107

56848

59717

105,05

by Russian Applicants

31502

30024

26448

32735

33252

101,58

by Foreign Applicants, Including:

25760

27088

23659

24113

26465

109,75

Under the Madrid Agreement or Protocol

15388

16738

15113

14289

16083

112,56

Considered at the Stage of Expertise, Total

48186

50586

55852

53408

54993

102,97

Decisions Made:
Decision on Granting

39634

43002

46440

43920

39553

90,06

Decision on Refusal

8077

7333

9106

8950

9145

102,18

Decision on Withdrawal

475

251

306

538

328

60,97

Notice of withdrawal and refusal at the stage of preliminary examination

5446

4211

4635

6828

5967

87,39

Table 1.4.2

TRADEMARKS AND SERVICE MARKS: Dynamics of Registration

Indices

2007

2008

2009

2010

2011

Trademarks and Service Marks Registered, Total
Including:

30724

36617

36436

35178

35954

for Russian Applicants

14993

19895

19585

20116

16311

for Foreign Applicants

15731

16722

16851

15062

19643

Including under the Madrid Agreement or Protocol

9537

8518

8101

6019

12724

Renewals Registrations, Total:

8015

6431

6690

9554

11915

Including:

for Russian Applicants

4160

3550

4243

6119

8525

for Foreign Applicants

3855

2881

2447

3435

3390

Registration Valid By the End of the Year

207562*

222208*

246607*

268165*

281784*

Table 1.4.3

Consideration of Claims on Recognition the Trademark or Sign, Used as Trademark,
Well-Known in the Russian Federation

Type of Claim

2008

2009

2010

2011

On Recognition as Well-Known

Recognized

7

9

14

8

Not Recognized

4

7

10

3

Work on the automation of the technological procedures and the organizational perfection of the examination processes were continued in the reported year. All the necessary preparatory steps were taken for the step-by-step transition of all the examiners to electronic paperflow system (TM-ADMIN).

In the framework of 2011 electronic interaction with the WIPO, work related to the transition to electronic transmittal of international trademark applications to the WIPO was carried out

This work resulted in the conclusion of a respective agreement between Rospatent and WIPO on the exchange of documents related to the international registration of marks within the Madrid System and the forms of outgoing correspondence for the communication with the WIPO.

1.5. Rendering the state service concerning the receipt, registration and examination of applications for the state registration of appellations of origin and grant of exclusive rights in such appellations

The number of applications for the state registration and (or) grant of an exclusive right to use an appellation of origin (hereinafter — AO) has slightly reduced in 2011 in comparison with 2010. The number of registered AO and granted certificates remained at the level of 2010. The main indices are reflected in table 1.5.

Table 1.5

APPELATIONS OF ORIGIN: the dynamics of filing applications and issuing certificated
on exclusive right for applications of origin in Russian

Indices

2007

2008

2009

2010

2011

Filed Applications for Registration and Granting of the Right to Use, Total

Including:

27

35

30

63

58

from Russian Applicants

27

31

27

56

58

from Foreign Applicants

4

3

7

Certificates of the Exclusive Right to Appellation of Origin, Total
Including:

25

14

9

22

22

from Russian Applicants

24

14

9

18

21

from Foreign Applicants

1

4

1

1.6. Rendering state services concerning the receipt, registration and examination of applications for the state registration of computer programs (CP), databases (DB) and topologies of integrated circuits (TIC) and the grant of respective certificates

2011 is the first year when the number of applications filed for the registration of CP, DB and TIC and the registered objects exceeded 10000. In comparison with 2010 the number of the filed application increased by 22,8% and amounted to 11462, including 92 foreign ones. Where 10311 applications were filed for the registration of CP (+22,3%), 1041 applications for the registration of DB (+31,8%). A small decrease from 113 to 110 applications was noticed in respect of TIC. For the second year in a row there was a 41% increase of applications filed by educational institutions (from 1874 to 2649 in 2010 and from 2649 to 3778 in 2011). 10699 objects were registered in 2011 in total, which exceeds the 2010 figure by 20%. 2.5 times increase was noticed in 2011 in respect of CP, DB and TIC registered in the name of the Russian Federation (from 226 to 572). The main indices are reflected in Tables 1.6.1 and 1.6.2.

Table 1.6.1

Number of Registered Computer Programs, Databases, Topographies of Integrated Circuits in 2007–2011

Types of the results of intellectual activity

2007

2008

2009

2010

2011

Total

Computer Programs

5308

6086

7057

8073

9700

36224

Databases

426

441

609

733

891

3100

Topographies of Integrated Circuits

55

66

45

110

108

384

Table 1.6.2

Data on Applications for the Registration Filed by Federal Districts of the Russian Federation

Federal Districts

2008

2009

2010

2011

Central

3248

3850

4473

5220

Volga

895

1074

1244

1533

North-West

663

894

1008

1308

South

870

935

826

970

North Caucasus

205

241

Siberian

555

735

853

1257

Ural

407

462

455

591

Far East

125

187

199

250

Total

6763

8137

9263

11370

1.7. Rendering the State Service Related to Official Registration of Contracts on Disposal of the Exclusive Rights and Transfer of the Rights Without Contracts:

  • rights in inventions, utility models and industrial designs

In 2011 examination and registration of the contracts on disposal of the exclusive rights in inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topologies of integrated circuits, as well as transfer of the exclusive rights in these objects to other persons without the conclusion of the contract with the legal owner were carried in the reported year according to requirements of the «Administrative regulations of execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of registration of contracts on granting the right in inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topologies of integrated circuits, as well as contracts of commercial concession on use of intellectual property rights protected under the patent legislation of the Russian Federation», adopted by the Order of the Ministry of Education and Science of the Russian Federation from October 29t, 2008 № 321, registered by the Ministry of Justice of the Russian Federation on March 5, 2009 № 13482 (hereinafter referred to as the Administrative regulations on the contracts).

In respect of such objects as inventions, utility models, industrial designs in the reported year Rospatent received 4223 applications for registration of the contracts related to 8763 inventions, utility models and industrial designs; 3207 contracts were registered in respect of 6242 patents. In comparison with 2010 the number of the applications for registration of the contracts and patents specified in them has increased respectively by 7,7% % (2010 — 3921 applications) and by 10,6% (2010 — 8825 patents) that testifies growing demand of such objects of industrial property for a civil turnover.

Dynamics of registration of the contracts on alienation of the exclusive rights in inventions, utility models, industrial designs and contracts on the right to use thereof (from 2007 to 2011) is presented in Table 1.7.1.

Table 1.7.1

Dynamics of Registration of License Contracts and Patent Assignment Contracts

Indices

2007

2008

2009

2010

2011

Patent Assignment Contracts*

1674

1524

1054

1356

1445

Exclusive License Contracts

276

215

228

264

272

Non-Exclusive License Contracts

902

1005

1083

1240

1490

Total Number of Contracts Registered

2852

2744

2365

2860

3207

Registered Requests to Grant a Free License

66

92

88

77

45

Published Requests to Grant a Free License

68

72

79

62

21

* With no regard to the transfer of the exclusive right to the persons with-out contract.

Table 1.7.1 shows that the total number of the contracts registered in 2011 has reached the maximum value for last five years — 3207 contracts; which by 11,2% exceeds the indicators of 2010 and by 35,6% — the indicators of 2009.

From 2007 to 2008 the share of contracts on alienation from the total number of the contracts exceeded half and decreased respectively from 60 to 55,5%. Since 2009 the share of contracts on alienation of the exclusive rights in object of patent rights in total amount of the registered contracts was established on the level less than half and in 2011 was equal to 45,1%.

In 2011 the total number of the registered contracts was equal to 1762 contracts, which by 11,7% exceeds the indicator of 2010 and by 34,4% — the indicator of 2009 (in 2009 — 1311, in 2012 — 1504). It should be noted, that the number of the registered exclusive license contracts in different years remains almost constant and the increase in the number of license contracts is connected with steady growth of the number of the registered non-exclusive license contracts.

16 contracts on pledge of the exclusive rights to the results of intellectual activity on the objects of patent law have been registered in 2011, which is significantly lower than the number of other registered contracts on the disposal of an exclusive right.

As follows from the data given in Table 1.7.1 in the reported year the number of applications (45) and publications (21) concerning possibility of granting to any person of the right to use an invention, utility model or industrial design (open license) remains insignificant and even decreases.

The data of Table 1.7.2 concerning the number of the registered contracts in technical areas during the period from 2007 to 2011 shows an overall increase of the number of the registered contracts in 2011 by 12,2% in comparison with 2010 (by 26,3% in comparison with 2009). The maximum number of the contracts is registered in the field of power and electrical engineers (567 contracts), chemistry, petroleum chemistry (454 contracts) and medicine (414 contracts). The total number of the registered contracts in the specified technical areas amounts to 44,8% of the total number of the registered contracts.

Table 1.7.2

Distribution of Registration Contracts by Fields of Technology

Fields of Technology

Contracts

2007

2008

2009

2010

2011

Light and Food-Processing Industries

211

186

173

163

194

Mechanical Engineering, Machine-Tool Industries, Tool Production

366

373

250

118

285

Medicine

120

140

76

294

414

Power Engineering, Electrical Engineering

390

364

247

421

567

Chemistry, Petroleum Chemistry

120

94

94

286

454

Electronics, Computer Sciences, Instrument Making

137

101

73

311

257

Metallurgy

245

186

133

86

113

Oil and Gas Production

434

449

338

162

158

Construction Engineering and Construction Materials

423

266

272

135

207

Others

406

585

709

884

558

Total:

2852

2744

2365

2860

3207

It should be noted that in comparison with 2010 the number of registered contracts has increased significantly in the following fields: chemistry, petroleum chemistry — by 58,8%, medicine — by 40,9%, mechanical engineering, machine-tool industries and tool production — by 141,6%. The number of contracts in the oil and gas production has not practically changed in the last two years (in 2010 — 162 contracts, in 2011 г. — 158 contracts) and it remains significantly lower than the indicators previously achieved, for example in comparison with 2009 the results are lower in more than two times (2009 — 338 contracts). In general, the number of the registered contracts is increasing almost in every field.

Table 1.7.3 shows the dynamics of change of activity of the parties of the registered contracts depending on a category of managing subjects. As a whole, it is necessary to note a relative stability of the parity of activity of the allocated categories of managing subjects.

Table 1.7.3

Activity of Parties to Registered Contracts

Categories of Economic Entities

Proportion of the total number of contracts, per cent

Transferor

Transferee

2007

2008

2009

2010

2011

2007

2008

2009

2010

2011

Natural Persons

36,0

33,9

32,9

34,5

31,8

10,9

10,2

7,6

9,7

8,98

State Enterprises, R&D Institutions, Universities, Design Offices

8,0

7,6

8,9

13,8

16,25

3,8

2,7

4,7

7

5,52

Non-Governmental Organizations, Including:

56,0

58,4

58,2

51,7

51,95

85,3

87

87,7

83,3

85,5

Joint-Ventures

Foreign Companies

9,8

10,9

12,4

7,6

7,48

11,0

12,1

11,1

7,1

6,92

Others

0,1

0,1

Still as a receiving party state-owned enterprises are dominating — 85,5%. The share of these organizations as the transferor makes more than half — 51,95%. The activity of the state enterprises, scientific and research institutes, universities continues to increase; in 2010 the share of the specified category of the contracting parties as the transferor has increased and has reached 16,25% from the total number, which is by 2,45% more than in 2010 and by 4,9% — in 2009.

At the same time the share of this category of the contracting parties as the transferee has increased and has reached 5,52% from the total number, which is by 1,48% more than in 2010 and only by 0,83% more than in 2009.

The statistics presented in Table 1.7.4 shows that during the last few years the average indicator of the number of patents, which are the subject of one contract, has been set at a level of around 2 patents: in 2011 г. — 1,95, 2010 г. — 1,99, in 2009 г. — 1,9.

Table 1.7.4

Number of Registered Contracts and that of Patents in respect of which the Contracts were Registered

Indices

2009

2010

2011

Number of Registered Contracts/Number of Patents
under Contracts, Total

2365/4503

2860/5680

3207/6242

Including
Inventions

1550/2568

1833/3415

2027/3561

Utility Models

576/1305

718/1556

878/1932

Industrial Designs

239/630

309/709

302/749

In 2011 Rospatent continued working on examination and registration of applications on the state registration of transfer of the exclusive rights to other person without the conclusion of the contract with the legal owner in cases and on the grounds which are established by the law, including as an universal assignment (inheritance, reorganization of the legal entity) and in a case of claiming property of the legal owner. It should be noted that the state registration of transfer of the exclusive rights to other person without the contract conclusion is carried out according to the Administrative regulations on the contracts, which came into force in June 2009.

In 2011 Rospatent received 338 requests of the assignees for registration of transfer of the exclusive rights without the contract related to 2557 patented inventions, utility models and industrial designs (in 2010 — 357 requests related to 2245 objects).

The number of applications received in 2011 is 5,4% lower than in 2010, but the number of objects, related to which the transfer of right is announced, is 13,9% higher than the respective indicator in 2010. Examination of 316 requests related to 2221 patented objects is finished (in 2010 — 393 requests related to 2881 objects). Transfer of the exclusive right to other person without the contract under 204 requests related to 1206 patented objects is registered (in 2009 г. — 54 requests related to 232 patents, in 2010 г. — 238 requests related to 1819 objects), which amounts to 64,65% of all examined requests (in 2010 г. — 60,6%). The average indicator of the number of patents in one registered request for transfer of the rights without the contract amounts to 5,9 (in 2009 г. — 4,3, in 2010 г. — 7,6).

Among all the requests for registration of transfer of the exclusive rights without the contract adopted in 2011 in 75,5% requests as the owner of an exclusive right and its assignee were the Russian nationals and in 24,5% requests — foreign nationals. The ratio between Russian and foreign nationals in comparison with 2010 remains practically the same (in 2010 — 75% and 25% respectively).

  • rights in trademarks and service marks

In respect of such objects as trademarks (service marks) the statistics for 2011 shows the data considering both the number of registered contracts, and the total number of trademarks in relation to which the legal owners had been transferred the exclusive rights (contract on alienation of the exclusive rights in trademarks) or right to use the trademark on the basis of license/sub-license contracts (hereinafter referred to as the license contract) or contracts of commercial concession/sub-concession (hereinafter referred to as the contract of commercial concession).

It should be noted that during the period from 2007 to 2010 the shown data concerns the contracts on transfer of the right to use the trademark, including license (sub-license) contracts and contracts of commercial concession (sub-concession), referred to as license contracts in general.

Table 1.7.5 shows the number of trademarks in relation to which the contracts on alienation of the exclusive right in trademarks during the period from 2007 to 2011, license contracts during the period from 2007 to 2010 (without stipulation as to the license or concession), license contracts for 2011 and commercial concession contracts for 2011 were registered.

Table 1.7.5

Number of Trademarks in Respect of Which Trademark Assignment Contracts, License Contracts, Contracts
of commercial concession to Confer of Using a Trademark were Registered

Type of contract

2007

2008

2009

2010

2011

Trademark Assignment Contracts, Total
Including:

7719

6767

6121

7426

7953

from Russian Owners

5748

5222

4888

5939

6222

from Foreign Owners

1971

1545

1233

1487

1731

License Contracts/Contracts of commercial concession, Total
Including:

9288

8807

9157

11720

10216/2769

from Russian Owners

6438

6367

5902

8174

6831/1896

from Foreign Owners

2850

2440

3255

3546

3385/873

Comparative data about the Russian and foreign parties of the contracts registered from 2008 to 2011 is shown in Table 1.7.6.

Table 1.7.6

Belonging of Parties to Contracts to the Russian and Foreign Persons

Parties to Contract

Trademark Assignment Contracts

License Contracts/
Contracts of commercial concession

2008

2009

2010

2011

2008

2009

2010

2011

The Parties are Russian Persons

2642

2323

2701

2615

4023

3947

4753

3857/1112

The Parties are Foreign Persons

418

365

488

511

105

153

151

160/2

Transferor is a Russian Persons, Transferee is a Foreign Persons

375

244

267

287

28

29

52

40/2

Transferor is a Foreign Persons, Transferee is a Russian Persons

76

68

122

70

770

787

880

686/287

Comparative data on the number of the registered contracts and trademarks, in which relation contracts are registered, is shown in Table 1.7.7.

Table 1.7.7

Number of Registered Contracts And That of Trademarks In Respect
of Which the Contracts Were Registered

Type of contract

2009

2010

2011

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Assignment Contracts, Total
Including:

3000

6121

3578

7426

3483

7953

from Russian Owners

2567

4888

2968

5939

2902

6222

from Foreign Owners

433

1233

610

1487

581

1731

License Contracts/ Contracts of commercial
concession, Total
Including:

4916/940

9157

5836/1169

11720

4743/1403

10216/2769

from Russian Owners

3976

5902

4805

8174

3897/1114

6831/1896

from Foreign Owners

940

3255

1031

3546

846/289

3385/873

Table 1.7.5 shows that in 2011 the total number of trademarks in relation to which the contracts on alienation of the exclusive rights in trademarks, license contracts and contracts of commercial concession are registered, has increased by 9,35% in comparison with 2010 (19146 trademarks in 2010 and 20938 trademarks in 2011).

3483 contracts on alienation of the exclusive rights in trademarks as a result of registration of which the exclusive rights were transferred concerning 7953 trademarks from which 6222 or 78,2% were trademarks of the Russian legal owners and, respectively, 1731 or 21,8% — trademarks of foreign legal owners were registered in 2011.

The license contracts and the contracts of commercial concession (total number — 6146 contracts) were registered in 2011 in relation to 12985 trademarks, thus the share of trademarks of the Russian legal owners makes 8727 or 67%, while the share of trademarks of foreign legal owners — 4258 or 33%, respectively.

In 2011 the tendency to an increase in the number of trademarks, in relation to which the legal owners authorized the use based on license contracts and contracts of commercial concession, was continued (12985 or 62% from the total of trademarks which were the subject of the contracts), in comparison with the number of trademarks in relation to which the exclusive rights were transferred on the basis of the contracts on alienation (7953 or 38% of the total number of trademarks which were the subject of contracts).

Comparison with similar data for 2010 (11720 or 61,2 % and 7426 or 38,8 %, respectively) allows assuming that for the legal owners the more attractive form of disposal of exclusive rights and accordingly the more attractive kind of the income is a license, instead of trademark alienation.

Activity of the Russian legal owners in the field of registration of trademarks contracts has decreased in 2011. Table 1.7.7 shows a share of trademarks in relation to which the contracts were registered in 2011, belonging to the Russian persons, amounts to 71,3% (14949 trademarks) against 74% (14113 trademarks) in 2010. Number of the registered contracts in 2011 related to trademarks of the Russian legal owners remains at level of 2010 and amounts to 82% (7913 contracts) from the total number of contracts (9629 contracts) (in 2010 — 82,6%).

The share of the registered contracts related to trademarks of foreign legal owners also did not increase and equaled to 18% from the total number of contracts (1716 contracts) vs 17,4% in 2009 and 2010). Thus, the number of the contracts of foreign legal owners in 2011 has increased in comparison with 2010 and 2009 (1641 and 1373 respectively).

The analysis of the data on parity of the number of the registered contracts and number of the trademarks indicated in the contracts allows to notice that in 2011 the parity of the number of the registered contracts and number of trademarks as well as the contracts on alienation of the exclusive rights to trademarks and license contracts equals to 1:2, i.e. increases insignificantly in comparison with previous years.

From the date of entry into force of the Part IV of the Civil Code a set of the exclusive rights belonging to the legal owner under the contract of commercial concession shall include the right in trademark, and the contract of commercial concession is subject to mandatory state registration in Rospatent. The analysis of the statistical data shows a stable growth of the number of contracts of commercial concession registered by Rospatent (including contracts of commercial sub-concession).

1403 contracts of commercial concession/sub-concession (a 24,4% increase vs. 2009 (940 contracts) and a 16% increase vs 2010 (1169 contracts)) were registered in 2011. Thus, the number of the registered contracts of commercial concession in 2011 is 170% more than in 2008 (519 contracts of commercial concession).

Although commercial concession is a relatively new form of cooperation between business subjects in Russia, such growth in the number of contracts of commercial concession from 2008 to 2011 testifies its wide spread and the increased efficiency of such activity of the enterprises.

In 2011 the state registration of the contracts on pledge /subsequent pledge of the exclusive right in trademarks was continued. In 2011 Rospatent registered 52 contracts of pledge concerning 280 trademarks, the Russian legal owners (148 trademarks) was indicated in 38 contracts.

In comparison with 2010 (62 contracts of pledge concerning 195 trademarks were registered, the Russian legal owners (145 trade marks) was indicated in 60 contracts) the number of registered contracts of pledge has decreased.

Such a small number of registered contracts on the pledge of the exclusive rights in the results of intellectual activity and means of individualization in comparison with other types of contracts demonstrates the imperfections of regulatory mechanisms that allow the patent holder and the copyright holder to obtain circulating assets (loans) for improving or restructuring the business and realization of innovative and resource-intensive projects, secured by the exclusive rights in the results of intellectual property. Apparently, a special bill concerning the specifics of the pledge of the exclusive rights in the objects of intellectual property needs to be prepared.

However, it is worth noting that the actual registration of contracts on the pledge of the exclusive rights began after the entry into force of the Administrative Regulations on contracts in June 2009.

Along with registration of contracts on disposal of the exclusive rights in trademarks, Rospatent carries out registration of the changes in the registered contracts the exclusive rights in trademarks, as well as the cancellation thereof.

Growth of the number of the registered changes is marked: 1155 registered changes in relation to 3953 trademarks in 2007, 1432 changes in relation to 5004 trademarks in 2008, 1606 changes in relation to 5743 trademarks in 2009, 2039 changes in the relation to 5492 trademarks in 2010 and 2663 changes in relation to 9529 trademarks in 2011.

In 2011 1122 cancellations of the previously registered contracts were registered. For comparison: in 2007 — 582 cancellations, in 2008 — 644, in 2009 — 977 cancellations, and in 2010 — 888 cancellations of the registered contracts.

In the reported year Rospatent has carried out the state registration of transfer of the exclusive rights to other persons without the conclusion of the contract with the legal owner on the basis established by the law, including an universal assignment (inheritance, reorganization of the legal entity) and the claiming of property of the legal owner.

It should be noted that in case of failure to meet the requirement of state registration of transfer without contract of the exclusive rights in trademark, as well as in other patented objects, such transfer is considered to be abandoned.

In 2010 Rospatent received 646 requests for registration of transfer of the exclusive rights without the contract concerning 1526 trademarks. Examination of 620 requests concerning 1496 trademarks was finished. The transfer of the exclusive rights to other person without the contract under 513 requests concerning 1276 trademarks was registered.

In 2010 the transfer of exclusive rights to other person without contract under 432 requests related to 949 trademarks was registered, in 2009 377 transfers of the exclusive rights related to 528 trademarks to other persons were registered in 2009. It is necessary to note that in 221 requests foreign persons were indicated as the owner of the exclusive right and its assignee (512 trademarks) and in 292requests — the Russian persons (764 trademarks).

  • rights in computer programs, databases, topologies of integrated circuits

With regard to such objects as computer programs, databases, topologies of integrated circuits in 2011, the number of applications for registration of contracts on alienation and transfer of exclusive rights without contracts increased by 42% (from 227 to 323). 275 applications (in 2010 — 221) for registration of contracts on alienation and transfer of exclusive rights on 721 objects (in 2010 — on 493 objects) were considered. Thus, the number of objects in one application has increased from 2,2 to 2,6 in 2011. During the examination of applications 29 of them were revoked by applicants or the their registration was denied.

The number of registered contracts on the alienation of the exclusive right in computer programs, databases, topologies of integrated circuits and transfer of exclusive right to these objects without a contract in 2007 — 2011 years is shown in Table 1.7.8.

Table 1.7.8

Number of Registered Contracts for the Complete Transfer of Exclusive Rights on Computer Programs, Databases,
Topographies of Integrated Circuits and Non-contracted Transfer of Exclusive Rights to Other Persons

Type of contract

2007

2008

2009

2010

2011

Total

Contracts for the Complete Transfer of Exclusive Rights

94

213

227

180

218

932

Non-contracted Transfer of Exclusive Rights to Other Persons

5

19

25

49

1.8. Rendering the State Service Related to Invalidation of the Legal Protection of the Results of Intellectual Activity and the Means of Individualization and Pre-Term Termination of Patents and Certificates After Consideration of Administrative Disputes Related to Legal Protection of the Results of Intellectual Activity and the Means of Individualization

The data of the Table 1.8.1 shows that in 2011 vs. 2010 the number of the filed appeals and requests in general has slightly increased (by 12,6%). The number of cases on trademarks has grown on 10%. With regard to disputes concerning the results of intellectual activity, the general number of applications has increased by 16%, redistributed between the objects in the following way: on inventions — a 17% increase, on industrial designs — almost 42%, on utility models there was a 7% decrease.

Table 1.8.1

The Number of Objections and Claims Filed with the Chamber of Patent Disputes on the Results
of Intellectual Activity and Means of Individualization

The Results of intellectual activity and means of individualization

2007

2008

2009

2010

2011

Inventions

430

334

347

227

276

Utility models

167

106

140

139

130

Industrial designs

22

49

34

32

55

Trademarks

2876

2392

1813

1968

2193

Appellations of origin

1

2

Granting exclusive right for prior registered appellation of origin

1

12

Total

3497

2881

2334

2368

2666

Putting the automated system of paperless proceedings (ASBBD PPS) into operation was a significant event of 2011 for the Chamber of Patent Disputes. Because the specifics of dealing with disputes at the administrative level does not allow to abandon the analysis of the paper documents entirely, the purpose of development of this system was not to automate the proceedings completely. The implementation of ASBBD PPS allows to sort out the procedures connected with passing and processing of objections and claims and, as a result, to minimize labor expenses on experts and technical staff.

As a result of implementation of the said system the time limits between the date of receipt of appeal and the date of forwarding the decision to the parties to a dispute have been considerably reduced. In particular there was a reduction of time limits from 8 to 5,3 months in consideration of cases related to the results of intellectual activity.

The number of decisions remains approximately at the same level as in 2010, which is reflected in Table 1.8.2.

Table 1.8.2

The Number of Fillings with the Chamber of Patent Disputes and Rospatent’s Decisions Taken

Type of Filings

2008

2009

2010

2011

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Appeals against the decisions of examination

901

729

1001

1002

896

911

1020

921

Appeals against granting legal protection

564

419

492

532

523

540

582

535

Claims

1416

1159

841

1393

949

992

1027

944

Applications not recognized as claims and appeals

0

404

0

378

1

335

0

384

Claims and appeals recognized withdrawn

0

32

0

31

40

32

Total

2881

2743

2334

3336

2369

2818

2629

2816

In 2011 the number of appeals to the Chamber of Patent Disputes which were not accepted for consideration in connection with non-observance of requirements to filing of appeals and requests increased by 12,7%. As it was in previous years in the majority of cases refusals in acceptance of the cases for consideration have been caused by absence or defects in documents confirming payment of patent fees. Among other reasons for refusal in acceptance of appeals and requests there was reason based on violation of the time limits for filing an appeal on decisions of Rospatent prescribed by law.

In 2011 at the request of the persons who have filed appeals or requests, consideration of 31 cases was terminated, which is lower than the same indicator for 2010 (40 cases).

Table 1.8.3 shows distribution of the decisions accepted by Rospatent according to various kinds of results of intellectual activity and means of individualization. The said table indicates that the number of decisions on trademarks accepted in 2011, as well as in the previous years, considerably exceeds the number of decisions accepted in relation to other objects of IP rights. It is necessary to note a considerable growth of the number of the decisions made as on objections to the decisions of Rospatent based on examination (11 cases in 2010 and 21 cases in 2011) of industrial designs and utility models (12 cases in 2010 and 17 cases in 2011), as well as on objections against granting a patent on industrial design (21 cases in 2012 and 31 cases in 2011).

Table 1.8.3

The Number of Decisions Taken by Rospatent as per the IP Objects

Types of the results of intellectual activity and means of individualization

Year

Decisions

Appeals Against the decisions
of examination

Appeals Against Granting
Legal Protection

On Requests

Inventions

2008

204

59

2009

231

80

2010

139

75

2011

135

79

Utility models

2008

6

77

2009

4

78

2010

12

109

2011

17

117

Industrial designs

2008

4

13

2009

14

20

2010

11

21

2011

21

31

Trademarks

2008

515

270

1159

2009

753

354

1393

2010

749

335

992

2011

748

305

928

Well-known Marks

2011

1

10

Trademarks (abuse of rights or unfair competition)

2011

3

Appellations of origin

2008

2009

2010

2011

Granting exclusive right for prior registered appellation of origin

2008

2009

2010

2011

2

3

The results of consideration of objections on different kinds of the results of intellectual activity and means of individualization are presented in Table 1.8.4, according to which 675 objections were satisfied and 711 were not satisfied. At the same time the specified number of both non-satisfied and satisfied objections remains approximately at the same level. However, it is necessary to note a considerable growth of the number of non-satisfied objections against granting a patent on utility models based on the results of their examination in the Chamber of Patent Disputes in 2011.

Table 1.8.4

The Results of Considerations of Objections

Types of the results of intellectual activity and means of individualization

Year

The Results of Considerations

Appeal Satisfied

Appeal Non-Satisfied

Inventions

2008

142

117

2009

36

256

2010

54

205

2011

60

145

Utility models

2008

31

46

2009

32

44

2010

47

10

2011

57

58

Industrial designs

2008

8

8

2009

3

29

2010

16

13

2011

27

20

Trademarks

2008

361

363

2009

550

499

2010

536

488

2011

531

488

Appellations of origin

2008

2009

2010

2011

Granting exclusive right for prior registered appellation of origin

2008

2009

2010

2011

2

Total

2008

542

534

2009

621

828

2010

653

716

2011

675

713

According to the data in Table 1.8.5, both the number of decisions on objections on Rospatent decisions based on the results of examination and the number of decisions on objections against granting legal protection for the objects of IP rights practically remain on the same level in comparison with 2010. However, in respect of objections there is a tendency for reduction of the number of cases the processing of which was stopped (85 cases in 2009, 82 cases in 2010 and 70 cases in 2011).

Table 1.8.5

The Number of Decisions of the Results (of Considerations of Objections)

Type of Decision

2008

2009

2010

2011

Decision of examination on applications

Recognized as valid

315

560

452

133 (ИЗ)
333 (ТЗ)

Сhanged

82

21

44

11 (ИЗ)
32 (ТЗ)

Outruled

318

416

397

28 (ИЗ)
376 (ТЗ)

Protection document

Recognized not valid totally

106

98

132

91 (ИЗ)
66 (ТЗ)

Recognized not valid partially

48

105

80

14 (ИЗ)
57 (ТЗ)

Recognized valid

204

249

264

90 (ИЗ)
154 (ТЗ)

Processing stopped

75

85

82

33 (ИЗ)
37 (ТЗ)

Total

1148

1534

1451

400 (ИЗ)
1055 (ТЗ)

Table 1.8.6 shows that the considerable share of appeals filed and examined by the Chamber of Patent Disputes are appeals for the termination of the legal protection of trademarks for non-use. In 2011 699 appeals concerning termination of legal protection of trademarks for non-use were satisfied in full or in part, 60 appeals were not satisfied, and examination of 169 appeals has been stopped.

Table 1.8.6

The Number of Considered Application on Trademarks (as Distributed on the Types of Applications)

Type of Application

Type of decisions

2008

2009

2010

2011

Appeal for non use of trademark

Satisfied partially

394

560

488

492

Satisfied totally

482

297

203

207

Non satisfied

35

22

36

60

Processing stopped

246

514

265

169

Total

1159

1393

992

934*

* Includes 6 applications for recognition of registration as an act of unfair competition; 3 were satisfied and 3 were not satisfied.

In 2011 11 cases concerning well-known trademarks were considered. 8 applications out of 10 applications concerning well-known trademarks were satisfied and 2 were not satisfied. 1 objection against recognition of well-known trademark was filed, but it was not satisfied.

1.9. Interaction of Rospatent with the Federal Executive Authorities, Judicial and Other Bodies

In 2011 an activity dealing with the optimization of caring out of Rospatent functions within the framework of competence thereof and under new legislation of the Russian Federation as far as a rendering of the State Services is concerned was conducted. The Government of the Russian Federation established an Uniform System of Interdepartmental Information Interconnection among the Federal Executive Authorities when rendering of the State Services (hereinafter referred to as the SIII).

A legal basis for implementation of the SIII by Rospatent is the provisions of the Federal Law of July 27, 2010 (№ 210-ФЗ) «On Rendering of the State and Municipal Services», obliging Authorities, rendering of the State Services, to submit to the state organizations, local governments and organizations the documents and information necessary for rendering of the State and Municipal Services, as well as receive such documents and information from the state organizations, local governments and organizations.

For the sake of implementation of the Federal Law of July 27, 2010 (№ 210-ФЗ), Rospatent drafted the Order «On Activities in Transition to the Interdepartmental Interaction when Rendering of the State Services» of 27.06.2011 (№ 76) and «On Amendments in Rendering of the State Services» of 09.29.2011 (№ 102).

With a view of transition to the SIII, Rospatent adopted and fulfilled a Work Plan of the Federal Service for Intellectual Property in transition to the Interdepartmental Interaction when rendering of the State Services (hereinafter referred to as the Plan), which was adopted July 4, 2011 by the Director General of Rospatent.

Till the end of September of 2011 the Plan provided carrying out of the basic stages, namely:

I — actions of organizational character;

II — actions directed on designing of interdepartmental interaction when rendering of the State Services:

III — actions dealing with legal support of the interdepartmental interaction;

IV– actions related to technical support of the interdepartmental interaction when rendering of the State Services.

Since October 1, 2011 Rospatent receives the data necessary for rendering of the State Services from the Federal Executive Authorities in the electronic form through the SIII.

The documents and data which are at the disposal of the other Federal Executive Authorities and are necessary for implementation of the certain administrative procedures within the limits of rendering by Rospatent of the State Services in the legal sphere connected with filing and examination of the applications for the patents for inventions, utility models, industrial designs, as well as the applications for registration of trademarks, service marks and appellations of origin, i.e. dealing with official registration of the results of intellectual activity and means of individualization, granting titles of protection etc., are shown in Table 1.9.1.

Table 1.9.1

Documents and/or data

The Federal Executive Authority as Supplier of data for Rospatent

The Opinion attached to the application for official registration of the appellation of origin and granting of the exclusive right thereof, testifying that within the borders of the geographical object which is at the territory of the Russian Federation, the applicant produces the goods having special characteristics which exclusively or mainly defined by a special environment for the said geographical object and/or by the human factors.

Ministry of Health and Social Development of the Russian Federation

Ministry of Industry and Trade of the Russian Federation

Ministry of Agriculture of the Russian Federation

Federal Service for Regulation of Alcohol Market

The Opinion attached to the application for official registration of the exclusive right to the appellation of origin, earlier registered at the territory of the Russian Federation, testifying that within the borders of the geographical object the applicant produces the goods having special characteristics specified in the Official Registry of the appellations of origin of the Russian Federation.

Ministry of Health and Social Development of the Russian Federation

Ministry of Industry and Trade of the Russian Federation

Ministry of Agriculture of the Russian Federation

Federal Service for Regulation of Alcohol Market

The Opinion attached to the request of the owner of the Certificate concerning renewal of the term of the Certificate for the exclusive right to the appellation of origin, testifying that within the borders of the geographical object the owner of the Certificate produces the goods having special characteristics specified in the Official Registry of the appellations of origin of the Russian Federation.

Ministry of Health and Social Development of the Russian Federation

Ministry of Industry and Trade of the Russian Federation

Ministry of Agriculture of the Russian Federation

Federal Service for Regulation of Alcohol Market

The Certificate for the official registration of pesticide or agrochemical, the certificate for the official registration of pesticide of agrochemical at the change of the registrant, transformation and/or change of the registrant’ name

Ministry of Agriculture of the Russian Federation

The Certificate for registration of medical product, the decision on inclusion of a pharmaceutical substance both used and not used by manufacture of medical products for medical application in the Official Register of medical products for medical application

Ministry of Health and Social Development of the Russian Federation

Data from the Uniform Official Register of the legal entities and the Uniform State Register of individual entrepreneurs

Federal Taxation Service of the Russian Federation

The documents and data which are at the disposal of Rospatent and are necessary for the other Federal Authorities for rendering of the State Services are shown in Table 1.9.2.

Table 1.9.2

Documents and/or data

The Federal Executive Authority as Receiver of data from Rospatent

Data on the invention containing in the Official Register of inventions of the Russian Federation, according to concrete number of the patent

Federal Service for Supervision in sphere of Public Health and Social Development

Data on the registered trademarks and service marks, well-known marks, appellations of origin and the Certificates confirming the right to use thereof, containing in the Official Register of trademarks and service marks of the Russian Federation, the Official Register of the appellations of origin , the List of well-known marks of the Russian Federation, according to concrete number of the Certificate

Federal Customs Service of the Russian Federation

Data on the registered appellation of origin and the Certificate confirming the right to use thereof, containing in the Official Register of the appellations of origin of the Russian Federation, according to concrete registration number

Ministry of Health and Social Development of the Russian Federation

Data on the registered trademarks and service marks, containing in the Official Register of trademarks and service marks of the Russian Federation, or applications for the official registration of trademark or service mark, according to concrete number of the Certificate or application

Federal Agency of Air Transport

Data on the registered computer program, containing in the Register of the computer programs, according to concrete number of the Certificate

Ministry of Industry and Trade of the Russian Federation

Data on the registered results of intellectual activity and the means of individualization owned by the debtor, containing in the Official Register of inventions of the Russian Federation, the Official register of industrial designs of the Russian Federation, the Official Register of utility models of the Russian Federation, the Official Register of trademarks and service marks of the Russian Federation, the Official Register of appellations of origin, the Register of the computer programs and databases, the Register of topology of integrated microcircuits, the List of well-known marks of the Russian Federation

Federal Service of Court Enforcement Officers

At designing of interdepartmental interaction, the need of Rospatent in relation to receiving of data and documents, which are at the disposal of the other Federal Executive Authorities and are necessary for rendering of the State Services by Rospatent ( see Section 1.1 of the Report ) have been defined.

As far as the each State Service is concerned, the technological cards of interdepartmental interaction (herein after referred to as — the ТCII) were agreed upon with each the Federal Executive Authority (data supplier), which were further approved by the sessions of the Subcommittee on use of information technology for rendering of the State and Municipal Services under the Governmental commission on introduction of information technology in the State organizations and local governments of August 19 and September 2, 2011.

The ТCII are published on a portal of methodical support for implementation of the Federal Law of July 27, 2010 (№ 210-FZ), available via Internet at the address: http://reestr.210fz.ru/. Similar ТCII are coordinated with Rospatent by the Federal Executive Authorities (data consumers).

The ТCII on rendering of the State Services by Rospatent contains the list of the documents and data transferred via the interdepartmental information interaction, and the order of interdepartmental interaction with use of the SIII which are provided for by the Administrative Regulations, drafted by Rospatent in 2011 according to the requirements of the Federal Law of July 27, 2010 (№ 210-FZ) concerning a legal support of interdepartmental interaction when rendering of the State Services.

Practical implementation of the SIEI is provided by a complex of technical means of the departmental segment of the uniform System of interdepartmental electronic interaction, namely, ViPNet Coordinator HW1000, transferred to Rospatent by the Ministry of Communications of the Russian Federation under the Agreement on Interaction in Rendering of the State Services and Execution of the State Functions in Electronic Form of April 13, 2011.The Certifying Center of the Digital Signatures established in FIPS on April, 2007, is included by the Ministry of Communications of the Russian Federation in the uniform “space of trust” of electronic digital signatures at the territory of the Russian Federation (Certificate of the Ministry of Communications of the Russian Federation of April 6, 2011 № 73 and the Agreement on Mutual Recognition of Digital Signatures of July 25, 2011).

September 1, 2011 the electronic service of Rospatent “Web service for transfer of data on the registered objects of intellectual property and receiving of data from the Federal Authorities in implementation of electronic interaction with the Federal Authorities» (hereinafter referred to as — the Service) is developed and registered in the SIII (the registration number: SID0003189).

The above Service is placed on the Technological Portal of the SIII, in the Section «Electronic Services of the Federal Level» at the address: http://smev.gosuslugi.ru/portal/.

Implementation of the procedures of interaction among the Federal Executive Authorities through the SIEI doesn’t exclude the other forms of interaction of Rospatent with the other Federal Executive Authorities, local authorities of subjects of the Russian Federation, local governments, public associations and other organizations in realization by Rospatent of information and methodical support of activity of the Federal Executive Authorities carrying out law enforcement functions in the sphere of the civil turnover of intellectual property rights.

In 2011 Rospatent has concluded the following agreements:

– The Agreement on Cooperation between the Ministry of Health and Social Development of the Russian Federation and Rospatent concerning a legal protection and enforcement of the results of intellectual activity and the means of individualization related to the area of turnover of medical products of March 3, 2011;

– The Agreement on Interaction between the Ministry of Communications of the Russian Federation and Rospatent at support in rendering of the State Services and execution of the state functions in electronic form of April 13, 2011

In 2011 Rospatent considered in total 4900 requests for submitting data from the Federal Executive Authorities, including the Office of the General Prosecutor and the courts. The corresponding data is presented in Table 1.9.3.

Table 1.9.3

Number of requests, inquiries for submitting data received from the Federal Authorities,
including the Office of the General Prosecutor and the courts

Federal Authorities

Number of requests, inquiries

Subject matter of requests, inquiries

2009

2010

2011

Government of the Russian Federation

28

29

52

Receiving of data concerning objects of intellectual property, information and documents concerning disposal of the rights to objects of intellectual property

Ministry of Education and Science of the Russian Federation

16

31

25

Ministry of Foreign Affairs of the Russian Federation

1

-

1

Ministry of Justice of the Russian Federation

2

8

21

Ministry of Culture of the Russian Federation

2

4

1

Ministry of Defense of the Russian Federation

2

3

4

Ministry of Industry and Trade of the Russian Federation

1

1

2

Ministry of Economic Development of the Russian Federation

7

5

17

Federal Service for Supervision in the sphere of protection of the rights of consumers

5

4

10

Federal Service for supervision of legislation observance in the sphere of mass communications and cultural heritage protection

1

-

5

Ministry of Internal Affairs of the Russian Federation

432

482

300

Receiving of data concerning objects of intellectual property, information and documents concerning disposal of the rights to the objects of intellectual property:

  • Receiving of information concerning the similarity between the unregistered sign used for marking of the goods, and trademarks; uniformity of the list of goods and services; making use in any object of features of the protected invention, utility model, industrial design;
  • Receiving of information concerning registration of the objects of the industrial property, scope of protection thereof, number and date of granting of the title of protection, term of action thereof, legal owners, representatives, as well as on registration of the contracts on disposal of the exclusive right to the object of the industrial property

Federal Security Service

5

4

3

Federal Antimonopoly Service of the Russian Federation

134

140

137

Federal Customs Service of the Russian Federation

712

258

297

Federal Taxation Service of the Russian Federation

268

189

135

Federal Service of Court Enforcement Officers of the Russian Federation

3240

3459

3810

Receiving of information concerning the registered objects of intellectual property

Receiving of information concerning enforcement measures in relation to the objects of intellectual property.

Receiving of data and documents concerning disposal of the rights to objects of intellectual property

Office of the General Prosecutor

88

45

37

Receiving of data concerning objects of intellectual property, information and documents concerning disposal of the rights to the objects of intellectual property

Courts

132

55

39

Chamber of Commerce and Industry of the Russian Federation

5

5

4

Within the limits of execution of the state functions related to information and methodical support of the Federal Executive Authorities, Rospatent carried out interaction with the regions of the Russian Federation, which basic component is a promotion of public knowledge on the patent legislation, legislation on trademarks and other objects of intellectual property, as well as training of the specialists as far as substantive provisions of law in the field of protection and use of the objects of industrial property are concerned.

As to information and methodical support of the activities of the Federal Executive Authorities, a trend to increasing of the number of requests and inquiries from the Ministry of Internal Affairs of the Russian Federation in 2009-2010 hasn’t remained in 2011.

The number of requests from the Ministry of Internal Affairs of the Russian Federation in 2011 (300 requests) has considerably decreased: approximately in 1,5 times it was less than the number of requests filed in 2009 and 2010 (432 and 482 requests, accordingly).

In 2011 a decrease in number of requests from the Federal Taxation Service of the Russian Federation is marked that testifies about an effective use of the information resources provided by Rospatent under the Agreements on interaction, concluded earlier with this Federal Executive Authority.

At the same time the trend of certain increase in a number of requests from the Federal Service of Court Enforcement Officers of the Russian Federation is noted. A number of the requests from the Federal Service of Court Enforcement Officers of the Russian Federation in 2011 (3810 requests), is approximately in 1,1 time exceeds a number of requests filed in 2009 and 2010 (3240 and 3459 requests, accordingly).

The interaction of Rospatent and FIPS with the judicial bodies was carried out by the Department of Judicial Representation. The above Department continued to take part in disputes settlement in arbitration courts and courts of general jurisdiction, as well as in fulfilling of supervision over execution of the ruling of judicial bodies, including imposing enforcement measures.

The Department of Judicial Representation regularly carries out activities related to analysis of judiciary practice, research of the analytical materials, concerning application of the rights in the field of protection of the results of intellectual activity and the means of individualization.

In 2011 the courts of various instances in Moscow region had ruled more than 600 judicial cases which have finished by legal proceeding in essence. Within the limits of the said cases a staff of the Department of Judicial Representation has taken part in more than 1600 court sessions.

The results of settlement of the cases in 2011 by arbitration courts and courts of general jurisdiction of Moscow region with participation of the Rospatent representatives are shown in Table 1.9.4.

Table 1.9.4

Results of settlement of the cases in 2011 by the courts of Moscow region with participation
of the Rospatent

Types of IP objects

Results of hearings in the court of Moscow region

Total number of court decisionsfinished by legal proceeding in essence

Arbitration courts

Courts of general jurisdiction

Rejected

Satisfied

Rejected

Satisfied

Trademarks

498

42

540

Appellations of origin

2

2

Inventions, Utility models, Industrial designs

62

7

26

1

96

Computer Programs

2

2

Total

564

49

26

1

640

In comparison with previous year the number of disputes considered by the courts of the other regions of the Russian Federation has increased. In 2011 the courts of the various instances located outside of Moscow region, ruled more than 800 judicial cases which have finished by legal proceeding in essence.

The above cases relate to contest of the decisions of Rospatent, disputes concerning the author / right holder of invention, utility model, industrial designs, recognition of the contracts concerning objects of patent rights as void, etc. Results of legal proceeding are resulted in Table 1.9.5.

Table 1.9.5

Results of settlement of the cases outside of Moscow region

IP objects

Results of settlement of the cases outside of Moscow region

Total number of court decisions finished by legal proceeding in essence

Rejected

Satisfied

Trademarks

636

14

650

Appellations of origin

Inventions, Utility models, Industrial designs

208

32

240

Computer Programs

1

1

Total

845

46

891

The court’ rejects in satisfaction of requirements in a majority of cases dealing with contest of the decisions (actions) of Rospatent and FIPS testifies the validity of the decisions (actions) of Rospatent and FIPS as well as a high quality of examination.

In should be noted, that court judgments on satisfaction of requirements of the applicants and recognition of the decisions of Rospatent are accepted by Rospatent to execution in due order.

1.10. Cooperation and interaction of Rospatent with the regions of the Russian Federation in 2011

In 2011 Rospatent and FIPS continued a realization of regional policy in the field of intellectual property. According to the commission of the Government of the Russian Federation and with a view of implementation of the Memorandum of Understanding on the Establishment of Technology and Innovation Support Centers (TISCS) in the Russian Federation, signed between the Federal Service for Intellectual Property (Rospatent) and the World Intellectual Property Organization (WIPO) on September 28, 2011, Rospatent has started implementation of the actions provided for by the Program on establishment of TISCS network, developed by WIPO in cooperation with national patent offices.

It is supposed that TISCS network will be created on the basis of educational institutions, Chambers of Commerce and Industry, scientific and techno-parks, technological, innovative and business centers within the territory of Russia and in immediate proximity to the users.

The purpose of this Program is promotion of creation and effective use of the results of intellectual activity in the Russian Federation.

Following the results of 2011 and within the framework of cooperation with regions of the Russian Federation Rospatent concludes the Cooperation Agreements with administrations of Kostroma and Bryansk regions, the Cooperation agreement with the Government of the Republic of Tatarstan is renewed.

FIPS concluded the Agreements on cooperation with the Management company of investment and innovative development of Stavropol Territory, Chamber of Commerce and Industry of Kaliningrad, Bryansk regional scientific universal library of Tyutchev. The Agreements on cooperation with the State Unitary Enterprise RT «Center of scientific and technical information of Tatarstan», Arkhangelsk regional scientific library of Dobrolyubov, Omsk State Technical University, State University — UNPK, company «Innovation» and the Ural House of Science and Technology, Saratov State University of Chernyshevsk, Scientific Center of Nizhniy Novgorod, State Public Scientific Technical Library of the Siberian Branch of the Russian Academy of Sciences and Regional Universal Scientific Library of Tula were renewed.

FIPS has continued to carry out cooperation with the Autonomous establishment of the Astrakhan region «Multipurpose Center for Rendering of the State and Municipal Services» (hereinafter referred to as the MFC) under the Agreement on interaction on acceptance of documents and applications for the results of intellectual activity and the means of individualization, documents attached to above applications, as well as the Agreement on electronic exchange of documents concerning the applications for trademark registration.

Now Rospatent concludes the Agreements on cooperation with 25 Administrations (Governments) of Regions of the Russian Federation, and FIPS interacts under the Agreements concluded with 39 regional organizations from 30 regions of the Russian Federation (see Table 1.10.1 ).

Table 1.10.1

Cooperation of Rospatent with the Regions of the Russian Federation

Federal District

Regions Concluded Cooperation Agreements with Rospatent

Regional Focal Points Concluded Cooperation Treaties with FIPS

Central

Tver Region

Tver regional universal scientific library named after A.M. Gorky

Tula Region

Tula regional universal scientific library

Kaluga Region

Kostroma Region

Orel Region

State university — educational-scientific-production complex

Belgorod state university

Belgorod regional universal scientific library

Bryansk Region

Bryansk regional universal scientific library named after F.I. Tjutchev

Voronezh Science and Technology Center

Northwestern

St. Peterburg

Institute of international business and low of Saint-Petersburg State University of Information Technologies, Mechanics and Optics

Arkhangelsk Region

Arkhangelsk regional scientific library named after N.A. Dobrolyubov

Kaliningrad Region

Kaliningrad state technology university

Kaliningrad chamber of commerce and industry

Southern

Volgograd Region

Volgograd chamber of commerce and industry

Astrakhan Region

Astrakhan state medical academy

Sochi state university of tourism and recreation

Sochi city of the society of Inventors

Kuban state technology university

North Caucasian

Stavropol Territory

The management company of the investment and innovation development of the Stavropol territory

Plenipotentiary Representative of Russian President in By-Volga Federal district

   

Volga

Republic of Tatarstan

Tatarstan Science and Technology Center

Republic of Bashkortostan

Bashtechchimform

Nizhegorod Region

Nizhegorod Science and Technology Center

Ulianovsk Region

Ulianovsk state technology university

Kirov Region

Vyatka state university

Republic of Chuvashia

Samara regional universal scientific library

Togliatti institute of technical creativity and patents

Saratov state university named after N.G. Chernishevsky

Izhevsk state technology university

Republic of Mordovia

Mordovia center of intellectual property

Ural

Sverdlovsk Region

Ural house of science and technology

Non-commercial partnership of patent attorneys “Novation”

Ural state technology university

Ural state law academy

Tumen Regional Counsil of the Society of Inventors

Kurgan Region

South-Ural chamber of commerce and industry

Siberian

Novosibirsk Region

Science and Technology Library

Omsk state technology university

Krasnoyarsk CSM

Irkutsk state railway university

Tomsk Region

National research Tomsk Polytechnic university

Altai Territory

Far Eastern

Khabarovsk Territory

Far East agency of assistance to innovations

Total:

25

39

Fig.1 — the territory of Rospatent and FIPS cooperation

1 — Altay territory**; 2 — Arkhangelsk region*; 3 — Astrakhan region*; 4 —Republic of Bashkortostan*; 5 — Belgorod region; 6 — Bryansk region*; 7 — Voronezh region; 8 — Volgograd region*; 9 — Irkutsk region; 10 — Kaliningrad region*; 11 — Kaluga region**; 12 — Kirov region*; 13 — Kostroma region**; 14 — Krasnoyarsk region; 15 — Krasnodar territory; 16 — Kurgan region**; 17 — Republic of Mordovia*; 18 — Nizhniy Novgorod region*; 19 — Novosibirsk region*; 20 — Omsk region; 21 — Orel region**; 22 — Samara region; 23 — St.-Petersburg*; 24 — Saratov region; 25 — Sverdlovsk region*; 26 — Stavropol Territory*; 27 — Republic of Tatarstan*; 28 — Tver region*; 29 — Tomsk region*; 30 — Tula region*; 31 — Tyumen region; 32 — Udmurt Republic; 33 — Ulyanovsk region*; 34 — Khabarovsk territory*; 35 — Chelyabinsk region; 36 — Chuvash Republic**.

* Agreement on Cooperation and Contract with a Focal Organization

** Agreement on Cooperation only

In 2011 FIPS has provided a free access to the full-text databases (DB) containing patent specifications of the national inventions and utility models to 3 organizations, namely to the Russian State Medical University of Pirogov, Moscow State Institute of Electronics and Bryansk regional scientific universal library of Tyutchev.

In total, within the framework of implementation of the Program of information support of the regions, a free access to the mentioned databases through the FIPS Internet site is granted to 187 organizations in 8 federal districts of the Russian Federation. Access was granted to 49 regional focal organizations (FO), 8 scientific cities, 35 Scientific Centers of the Russian Academy of Sciences (RAN SC), 40 organizations within the framework of implementation of the Federal Program “Development of Infrastructure of Nano-Industry in the Russian Federation in 2008-2010” and 16 other organizations.

Table 1.10.2 indicates the distribution of the organizations that received a free access to the FIPS’ full-text databases of patent specification of the national inventions and utility models by respective categories by the federal districts.

Table 1.10.2

Distribution of Organizations Having Free Access to FIPS Full Text Databases in National
Inventions and Utility Models

Federal Districts

Related Organizations

Science Towns

State Science Centers

Science Centers of the Russian Academy of Science

Federal program

Others

A Total of Institutions

Central

10

7

28

11

14

5

75

Northwestern

3

10

4

3

2

22

Southern

8

3

2

13

North Caucasian

3

3

Volga

15

1

6

8

4

34

Ural

7

3

2

12

Siberian

4

1

6

5

1

17

Far Eastern

2

5

2

2

11

Total:

49

8

39

35

40

16

187

In 2011 the Rospatent organized and carried out 27 conferences, seminars and round tables in 17 regions of the Russian Federation:

  • February 15 to 16 — Seminar «Patent and information resources of the Internet for carrying out of patent researches» (Tver, the Tver regional universal scientific library of A.M. Gorkyi»);
  • March 15 to 17 — Russian-Finnish industrial forum within the framework of the Petersburg technical fair (St. Petersburg, LenExpo);
  • March 23 to 25 — Seminar «Official registration of computer programs and databases. Possibilities of patent protection of «computer programs’ inventions» (Tver, the Tver regional universal scientific library of A.M.Gorkyi»);
  • April 18 to 20 — Workshop «State accounting of the results of scientific and technical activity of the Federal Hydrometeorology and Environmental Monitoring Service» (Zeleznodoroznyi, Federal Hydrometeorology and Environmental Monitoring Service);
  • April 19 — Session of the section «Intellectual property in innovative economy: patents and commercial secrets (know-how). Procedure of the Patent Prosecution Highway (РРН)» within the framework of the IV All-Russia Forum «Intellectual property — XXI Century» (Moscow, Rospatent);
  • April 19 to 20 — Joint Rospatent/WIPO international regional seminar «Legal protection of trademarks and effective use of the Madrid system of the international registration of marks» (Kaliningrad, Chamber of Commerce and Industry of Kaliningrad);
  • April 19 to 22 — Session of the section of the IV All-Russia Forum «Intellectual property — XXI Century» (Moscow, Chamber of Commerce and Industry of the Russian Federation);
  • April 25 to 26 — Scientific and Practical Seminar «Strategic management of intellectual property» (Belgorod, the Belgorod state national R&D institute);
  • May 11 to 13 — the V International Forum «From a science to business» — «Modern approaches of interaction of high schools with high technology business» (St.-Petersburg, the St.-Petersburg State University of Information Technology, Mechanics and Optics);
  • May 25 to 26 — Inter-Regional scientific and practical conference «Problems of the legal protection and effective use of objects of intellectual property in innovative activity of the enterprises» (Kaluga, the Center of science and technical information — branch of company «РЭА» under the Ministry for Power Generating Industry of Russia);
  • May 26 to 27 — the XIV Tomsk Innovative Forum «Innovative Russia — 2020: How to start economy of knowledge?» (Tomsk, Administration of the Tomsk region);
  • June 1 to 2 — Round table of the Heads of basic organizations in the regions of the Russian Federation and representatives of the CIS and Baltic states concerning the issues of patent and information support (Moscow, FIPS);
  • June 7 to 8 — Joint Rospatent/WIPO international regional seminar «Legal protection of trademarks and effective use of the Madrid system of the international registration of marks (Sochi, the Sochi City Council of the All-Russia Inventors’ Society and the Sochi State University of Tourism and Resort Business»);
  • June 14 to 15 — the VII International scientific and practical conference «Urgent issues of the legal protection and commercialization of the results of intellectual activity» (Ufa, company «Bashtehinform»);
  • June 20 to 21– Joint Rospatent/USPTO international regional seminar «Protection of intellectual property rights in Russia and the USA» (Nizhniy Novgorod, the Nizhniy Novgorod scientific and information center);
  • June 23 to 24 — Joint Rospatent/USPTO international regional seminar «Protection of intellectual property rights in Russia and the USA» (Tver, the Tver regional universal scientific library of A.M.Gorkyi»);
  • June 23 to 24 — the IV Cheboksary economic forum «Economy of Russia: technologies of growth» (Cheboksary, Ministry of Economic Development and Trade of the Chuvash Republic);
  • September 12 — Round table within the framework of the VII Baikal economic forum «Legislative support of creation and development of the tools for implementation of scientific and technical and innovative capacity of the regions of Siberia and Far East» (Irkutsk, Committee of the Federation Council on training and science);
  • September 15 to 16– Joint the Rospatent/USPTO/ Moscow State University of Lomonosov International seminar «Transfer of technologies and management of intellectual property in higher educational institutions» (Moscow, the Moscow State University of Lomonosov);
  • September 27 to 28 — Regional scientific and practical conference for the experts of the Siberian federal district of the Russian Federation «Protection of intellectual property under Part IY of the Civil Code of the Russian Federation and Administrative regulations» (Krasnoyarsk, Krasnoyarsk Federal State Institution);
  • September 27 to 28 — Seminar «Features of legal protection and management of intellectual property in the nanoindustry» (Izhevsk, company «IZhGTU»);
  • October 4 to 6 — the International scientific and practical conference «Modern information technologies and the equipment for long-term storage and operative access to documentary information» (Tula, Federal State Unitary Enterprise);
  • October 6 to 7 — the All-Russia Seminar on the issues of legal protection of trademarks and appellations of origin within the framework of the XVI International scientific and industrial forum «Russia Uniform» (Nizhny Novgorod, Public Educational Institution «Nizhny Novgorod scientific information center»);
  • October 11 to 12 — Regional scientific and practical conference for the experts of the Ural federal district of the Russian Federation «Protection of intellectual property under Part IY of the Civil Code of the Russian Federation and Administrative regulations» (Chelyabinsk, the South Ural Chamber of Commerce and Industry);
  • October 26 to 27 — the XV scientific and practical conference of Rospatent «National innovative system and value of legal protection of intellectual property in development» (Moscow, Rospatent);
  • October 28 — the All-Russia conference with the elements of school of sciences for youth «Results of development of system of Scientific and Educational Centers (SECs) in 2011» (Moscow, Russian state social university);
  • December 21 — Conference on the results of actions of the Federal Program «Development of infrastructure of a nanoindustry in the Russian Federation for 2008-2011» (Moscow, Research Center of Kurchatov).

1.11. Statistics of Resorts of Citizens and Legal Entities, Considered by Rospatent and its Subordinate Organizations in 2011

The consideration of the resorts of the citizen in Rospatent was carried out under the Federal law of May 2, 2006 (№ 59-ФЗ) «On the order of consideration of the resorts of the citizen of the Russian Federation».

During 2011 Rospatent and its subordinate organization FIPS have considered 1370 resorts (234 of them received by e-mail) from citizens (1013) and legal entities (357).

The central body of Rospatent received 923 resorts (462 resorts addressed to Rospatent, others received for consideration from state authorities, ministries and the Civic Chamber of the Russian Federation), which is 20 % less than the figures for 2010. From the overall number, 137 resorts were considered by the central body of Rospatent, which is 38% less than in 2010. The rest 768 resorts were transmitted for consideration by the FIPS.

Table 1.11.1 contains data on the distribution of the received resorts by the addressees and the geography of the resorts.

Table 1.11.1

Data on distribution of requests received by Rospatent and its subsidiaries on addresses
and geography of submitted requests

Appeals Addressed

Number of Appeals

To Rospatens

462

To Other State Bodies

466

To Russian Public Chamber

5

To Subordinate Bodies of Rospatent

437

Appeals Received

Number of Appeals

From the Russian Federation

1316

From CIS Countries

46

From Other Countries

8

Decrease in number of the addresses, which has begun in 2010 is quite considerable (30 % in comparison with last year).

The most significant decrease of the flow of resorts is attributable to the Central, Volga, Siberian, South and North-West districts. The resorts from the mentioned districts sum up to about 90% of the overall number of resorts from the Russian Federation.

The resorts from the citizens as usual overwhelm — i.e. 74% from the total number of resorts.

Table 1.11.2 shows the distribution of resorts received by Rospatent and its subordinate bodies from the Russian Federation by the Federal Districts.

Table 1.11.2

The requests received by Rospatent and its subsidiaries from Federal Districts

Federal District

Number of Appeals Received from Federal District

Central

672

Volga

147

Northwest

155

South

106

Siberia

84

Ural

65

Far East

63

North Caucasian

24

Table 1.11.3 contains data on the number of resorts received by Rospatent and subordinate organizations by generalized categories for the period of 2007–2011.

Table 1.11.3

Data on the Number of Appeals Received by Rospatent and its Subordinate Bodies
in 2007–2011 and Grouped

Groups in Which the Problems Raised in Appeals and Addresses are Classified

The Amount of Appeals and Addresses

2007

2008

2009

2010

2011

Patent Examination (Time Limits, Procedure, Examination Results, Office Work)

621

855

808

779

564

Assistance to Inventors

307

346

377

341

295

Protective Titles (Registration, Renewal and Restoration, Amendments, etc)

182

185

196

131

116

Legal Issues

200

270

300

276

151

Payment of Patent Fees

108

80

150

77

78

Patent Information Services

165

223

237

180

57

Contracts (Registration, Disputes Between the Parties)

54

78

63

81

38

Publication (Time Limiлs, Errors)

43

29

25

22

15

Registration of Discoveries

38

31

35

16

13

Training, Improvement of Professional Skills, Activity in Regard to Patent Attorneys, Issues of International Cooperation

15

37

68

40

6

Personnel Issues and Work of Patent Attorneys

5

9

9

11

5

Other (basically unrelated to the competence of Rospatent and its subordinate organizations)

62

37

52

26

32

Total:

1800

2180

2320

1980

1370

A certain decrease of the 2011 of the resorts as compared to previous year is attributable mainly to the resorts concerning the examination of the applications to the objects of intellectual property (hereinafter referred to as IPR), patent and information and legal services. It can be explained by the fact that Rospatent website contains information covering the issues of the validity of protective titles, payment of fees and tariffs for patent and information services.

In the reported year, the most numerous (about 92% of the overall number of resorts) are 6 groups of resorts related to:

  • examination of applications for industrial property (workflow, decrease of the pendency of examination, results of examination, etc.);
  • assistance to the inventors (assistance in drafting, consideration and filing the applications, assistance in the implementation and utilization of inventions and rationalization proposals, payment of the author’s remuneration and assistance in foreign patenting, financial support in foreign patenting, proposals on the improvement of innovative activities, etc.);
  • legal issues (interpretation of the provisions of the Civil Code of the Russian Federation and Administrative regulations, proposals on amendments thereof, enforcement of intellectual property objects, issues related to inheritance, proposals on the amendment of the patent and copyright legislation, etc.), issues related to inheritance, etc.);
  • payment of fees (procedure for payment of fees, benefits and grace period, accounting of fees on registration and maintenance of patents, including paid with term violation, return and re-offset of fees, etc.);
  • patent and information services (granting data on the authors, patent holders, registration, inquiry of copies of materials of the application, patent documents, carrying out of information search, the service for filing application for the international registration, providing access to databases, etc.).

In comparison with a general reduction in number of the resorts in reporting period in comparison with last year in each of the groups, the most considerable a reduction was also noted especially concerning examination as well as patent law.

The biggest part of the considered resorts is the applications — 68%, the rest is attributable to proposals — 2% and complaints — 30%.

52 people attended the personal meetings in respect of issues related to the activities of Rospatent.

As in previous years, the greatest number of resorts (90 %) in reporting period was considered by FIPS. Consideration of the main part of resorts (about 34 % from total number) was fulfilled by the Department of monitoring of quality of the rendering of the State Services.

On the facts of complaints the corresponding check of validity of the grounds stated in the complaints, notices on infringement of legitimate rights and interests of the applicants was carried out. During the reporting period a share of the reasonable complaints (hereinafter referred to as RC) per one thousand applications for the objects of intellectual property (more than 113 thousand applications are filed), is equal to 0,35*, including:

  • 0,31 — a share of RC per one thousand applications for the objects of patent (more than 52 thousand applications are filed, 16 RC are submitted);
  • 0,43 — a share of RC per one thousand applications for registration of the means of individualization (more than 50,9 thousand applications are filed, 22 RC are submitted);

Statistics of the addresses of citizens concerning consultations

The consultations (including, by phone) related to the sphere of legal protection of the results of intellectual activity are provided by the Consulting and Assistance Service (CAS) of Rospatent and FIPS.

The comparative analysis of data on 2008–2011 activities of the Consulting point of the CAS showed that in 2011 the number of addresses and questions in comparison with 2009 is decreased in 2010 (in comparison with last year by 20 %). It is presumably caused by the increase of information value of the Web-sites of FIPS and Rospatent in 2011.

Due to the possibility of electronic filing of the applications for the objects of legal protection via the Uniform Portal of the State Services, the number of inquiries and addresses to the KSS concerning the procedure of such filing has increased in the end of 2011.

 
 

* According to the Rospatent’ Order of January 1, 2011 (№ 148), a new internal indicator of quality of the State Services is entered since 26.11.2010, namely: a share of RC per one thousand applications filed.



Page updated: 11/12/2014 13:17
  Home - About Rospatent - Annual reports - Annual report of Rospatent 2011 (Section 1)
Photo of the building