6.1. Scientific activity
6.1.1. Science and Technology Councils of Rospatent and FIPS
The Science and Technology Councils (SТС) of Rospatent and FIPS as consultative bodies under the Director General of Rospatent and Director of FIPS, play an important role in resolving outstanding scientific issues.
The STC consists the officials of Rospatent and FIPS as well as the representatives of the Ministry of Education and Science of the Russian Federation, Ministry of Defense of the Russian Federation, Federal Security Service, Chamber of Commerce and Industry of the Russian Federation, Universities including the Russian State Academy of Intellectual Property (RGAIS), Moscow State University, public organizations such as the All-Russian Society of Inventors and Innovators, Association of Trademarks Holders, Association of Russian Patent Attorneys and other organizations and notable patent attorneys.
The STC accounts for 72 members, including 8 doctors of science, 28 candidates of science.
In 2011, 8 joint meetings of the Science and Technology Councils of Rospatent and FIPS were held. 18 topical issues and reports were considered and as a result the corresponding decisions and recommendations were adopted.
The most important issues considered by the STC are as follows:
- results of Rospatent activities in 2010 and tasks for 2011;
- measures on amendment of the research and scientific activity in RGAIS;
- main results of performance of the organization audit in the area of legal protection and utilization of R&D received at the expense of the federal budget, measures on amendment thereof, monitoring of effective implementation of the Administrative Regulations on performance of the audit;
- cooperation under the РРН and PCT-PPH Pilots;
- results of providing of services in electronic format;
- main results of reorganization of the Department of Utility Models and measures on perfection of processing of utility models applications;
- activity of the Chamber on Patent Disputes (CPD) in the context of implementation of the Automated system AS CPD;
- monitoring results of administrative regulations on processing of the applications for computer programs, databases and topographies of integrated circuits;
- main results of development of trademark examination flow automation;
- drafts of Rospatent’ Administrative Regulations;
- program of information technology development in Rospatent and FIPS till 2020;
- computerization plan of Rospatent and FIPS for 2012–2014;
- information support of regions of the Russian Federation.
At sessions of the STC the results of the Scientific and Practical Conferences and Seminars as an effective remedy for promotion of intellectual property protection and stimulation of innovative and inventive activity were discussed. The ceremonial meetings of the STC were devoted to the International Intellectual Property Day, Inventor and Innovator Day as well as to the award ceremony of nominees contest “100 the Best Russian Inventions” and award of the Rospatent and FIPS employees by the diplomas and Rospatent medals, Certificates of Honor of the All-Russian Society of Inventors and Innovators (VOIR).
Besides the Plenary sessions of the STC, the following sections were held in 2011: «Issues of Legal Protection and Examination of Industrial Property Objects», «Information Technology and Computerization» and «Economic and Organizational Issues».
Totally 10 meetings were held and 25 issues were considered. A special attention is given to the final reports on results of the R&D. At sessions of sections the draft R&D Plan for 2012 was discussed and approved.
Joint discussion promoted improvement of quality of preparation of organizational and administrative documents, and also planning of the scientific researches.
6.1.2. Scientific research carried out by FIPS
Rospatent’s scientific activity carried out on the basis of the R&D Plan of FIPS approved by Rospatent. In 2011, the scientific activity was aimed at achieving the following tasks:
- improving enforcement practice with respect to legal protection and use of intellectual property rights;
- improvement of information and technological support of examination as well as expansion of availability of information arrays for carrying out of examination of the applications for industrial property rights;
- improvement of legislation in the field of legal protection and use of the results of scientific and technological activities received for the expense of the Federal Budget.
In 2011 FIPS carried out the scientific researches on 22 issues; on 12 of them a final reports have been released.
FIPS carried out research in three main directions. In the field of the legal issues the proposals directed on regulation of the personal non-property rights and exclusive rights of the trademark right holder were developed.
In the field of information technology and a computerization the following documents are prepared:
- amendments to the International Patent Classification and the International Classification of Industrial Designs, recommendations on utilization thereof and providing of access to them of foreign users;
- administrative document fixing, in accordance with normative documents , the time limits for procedures of objections connected with consideration and statements in the Chamber on Patent Disputes, as well as technical project on working out of the software allowing to collect statistical data for supervision of new time limits of the procedures connected with consideration of objections and statements in the Chamber on Patent Disputes;
- recommendations on development of Website and Internet resources of FIPS;
- concept of transition of official correspondence to electronic form;
- recommendations as to optimum names of goods for medical purposes at inclusion thereof in the list of goods in trademark applications;
- recommendations on improvement of the interface of the FIPS database search system;
- recommendations as to optimum classification and search tools in relation to the inventions concerning «green» (non-polluting) technologies, rubricator and alphabetical list to it and the recommendation for their use;
- instruction on expansion of the developed software and documentation on its use for automatization of data formation for exchange via the РСТ-ЕDI;
- proposals on perfection of procedure of information search and recommendations on search documentation process carried out by use of electronic tools;
- electronic array, database and tables of patent information concerning national inventions, including classified inventions.
In the field of economic and organizational issues the comparative analytical material related to patenting of Russian inventions in abroad and inventions of foreign companies in the Russian Federation, including predictive estimate were developed.
More detailed information is available on Rospatent site in section «Scientific Activity».
The results of the R&D were used in drafting organizational and administrative documents of Rospatent and FIPS, preparation of recommendations on optimal use of information resources, perfection of the international classification systems and use thereof, reference and analytical materials concerning practical examination and technological support of Rospatent and FIPS activity.
The results of scientific and research activities are reflected in the publications, studies, specialized magazines as well as in reports of the scientific and practical conferences, forums, seminars, workshops, etc.
6.1.3. Scientific activity of the Russian Academy on Intellectual Property (RGAIS)
In 2011 scientific activity in RGAIS (hereinafter referred to the Academy) was carried out in such forms as scientific researches of the teaching staff, scientific researches of post-graduate students and students, joint scientific researches of the teaching staff and students, scientific event (conferences, forums, seminars), etc.
In 2011 the Academy continued work on carrying out of scientific researches on concluded contracts with external organizations. In September, 2011 the scientific research carried out by the order of Ministry of Education and Science of Russia on the topic «Development of methodical basis of realization by the state customers of actions on legal protection and acceptance to the budgetary account of intellectual activity results received within the framework of the state contracts the rights on which are fixed in the name of the Russian Federation represented by a state customer in civil area» was finished. During 2011 by request of the TELES PRI GmbH (Germany) company scientific research on the topic «Analysis of the Chamber on Patent Disputes Practice» was carried out and it will be continued in 2012.
Scientific researches on various subjects in the Academy departments were performed. The number of these researches remains at the same level as in 2010. The Academy closely cooperated with Rospatent in preparation of R&D list and dissertational thesis topical for the Rospatent system.
Implementation of R&D results into educational process is extended.
The employees, post-graduate students and students took part in the Academy scientific research activity. Students not only participated in carrying out of scientific researches on the basis of the concluded contracts between the Academy and external organizations, but also conducted independent scientific researches; students took part in the Open Scientific Research Contest which is traditionally conducted in the Academy during Intellectual Property Days. The carrying out by 5 course students of intellectual property management faculty of scientific work is becoming a tradition. In 2011 the scientific research «Research of Innovative Activity of RGAIS in Providing Educational Services» was held.
Students took active part in the scientific events conducted by the external organizations: in the International Science and Practice Conference «Topical Issues of Perfection of the Legislation and Enforcement» (Ufa) organized by the Eurasian Scientific Research Institute of Law in February,2011; Science and Practice Interuniversity Student’s Conference «Global Legal Issues Today» in the Moscow Law State Academy of O.E.Kutafin (February, 2011). The students made reports at the Annual Student’s Conference «Power and Business: Legal Bases of Innovative Activity» in the Higher School of Economics in March, 2011; took active part in the Second Moscow International Student’s Economic Forum «Russia. Innovations. Youth» in October, 2011. All the students of RGAIS took part in 15 scientific events organized by the other organizations.
In 2011 students took part in professional contests. The student of 5 course of the law faculty has passed to the second round of conducted by company «Garant» in March-April, 2011 of the VI All-Russia Professional Competition «Legal Russia». Students took part in the IV All-Russia Competition of Lawyers «Pontifik-2011» organized in October-November, 2011 by company the First House of Consulting Company «What to do? Consult» in cooperation with the Association of Lawyers of the Russian Federation. This student successfully completed selection test, getting the necessary quantity of points, and joint to 45 winners (among 5003 candidates participated in selection test).
In 2011 the activity on participation of post-graduate students in scientific events was continued. It’s mainly connected with the Young Scientists Council on the Central Administrative District of Moscow. Informing on scientific events conducted in other organizations is carried out by the employee of the Scientific Department of the Academy who is the member of the Young Scientists Council of the Central Administrative District of Moscow, by means of information accumulation on scientific event in the Russian Federation and it’s leading to employees, students and post-graduate students.
Post-graduate students took part in the mentioned International Science and Practice Conference «Topical Issues of Perfection of the Legislation and Enforcement»,conducted in February, 2011 in Ufa, in the All-Russia Science and Practice Conference «Innovative Developing Russia: Problems, Trends, Prospects» in Volgograd on March, 2011, in the International Science and Practice Conference «Actual Problems of the International Cooperation in the Field of Science and Education», conducted in Tambov in March, 2011, in the IV All-Russia Competition of Lawyers «Pontifik-2011».
Students and post-graduate students in 2011 actively took part in the scientific events organized by Rospatent: the XV Science and Practice Conference (Moscow, October, 2011), thematic meeting of young experts on the topic «Protection of Industrial Designs in Russia» (Moscow, November, 2011), organized by Rospatent on the basis of the All-Russia Patent Library. Together with the Academy the teachers, students and post-graduate students participated in the Third International Forum on Intellectual Property «Expopriority-2011» (Moscow, December, 2011).
Work on the organization and carrying out of scientific and scientific- practical events and also work on participation in scientific and scientific-practical events of the external organizations was actively conducted.
Within 2011 sessions of scientific schools of the Academy were held: Copyright Schools, School of the Industrial Property and School of Intellectual Property Management. It should be noted that in 2011 the two-year period of study of Copyright School and School of Industrial Property has finished. By the results listeners actively participating in work received diplomas. The second period of Schools work begun in autumn 2011.
Regularly in the Academy seminars and conferences were held. In March, 2011 the International Science and Practice Conference «Enforcement and Protection of Intellectual Property Rights in Single Customs Territory of the Customs Union» was jointly organized with the Commission of the Customs Union, Advisory Council on Customs Regulation of the Committee on Budget and Taxes of the State Duma of the Russian Federation and the Federal Customs Service. Within the framework of the Intellectual Property Days in April, 2011 the International Science and Practice Conference «Problems and Features of Piracy» was organized in the Academy. In this conference the leading experts, teachers, students and post-graduate students took part. In April, 2011 the department of civil law and business law held the seminar «Intellectual Property in Innovative Activity of Enterprise», the department of innovation management and intellectual property commercialization held the science and practice seminar for post-graduate students on the topic «Modern Trends of Development of the Theory and Introduction Practice in Economic Turnover of Intellectual Property Objects ».
In May, 2011 the department of industrial property held the science conference devoted to celebrating of the 20 anniversary of the former-USSR Law of 1991 «On Inventions in the USSR». Within the margins of the VI Moscow science and practice conference «Student’s Science» in November, 2011 the science conference «Innovations and Intellectual property» was organized. Employees of the Academy department organized and took part in the IV International Conference «Sociology of Innovation: Social and Cultural Conditions of Modernization», in November, 24-25, 2011 on the basis of company INION of the Russian Academy of Sciences.
Teachers of the Academy actively participated in the science events organized by the Academy and the external organizations in 2011. Representatives of the Academy took part in the science and practice conference «Topical Issues of Protection and Examination of Applications for Intellectual Property Rights», conducted by Rospatent and FIPS on the XIV Moscow International Salon «Archimedes-2011» (Moscow, April, 2011), the meeting of inventors and innovators of the Tatarstan Republic (Kazan, May, 2011), in the inter-regional science and practice conference «Problems of Protection and Effective Utilization of Intellectual Property Rights in Innovative Activity of the Enterprises» (Kaluga, May, 2011), the international conference «Intellectual Property Training in Countries in Transition» (Astana, August, 2011), in the seminar «Transfer of Technology and Intellectual Property Management in Universities» (Moscow, September, 2011), in the Round table «Participation of Civil Society Institutes in Development of Innovative Activity in the Russian Federation» (Moscow, October, 2011), in the seminar «Topical Issues of Protection and Accounting of Industrial Property» (Kazan, November, 2011), in the international science and practice conference « Jurisprudence as a Basis of Legal Support of Innovative Development of Russia» (Moscow, November, 2011) and many other events. In 2011 the teachers took part more than in fifty scientific events carried out by other universities and organizations (conferences, symposiums, round tables, seminars, congresses, sessions and forums).
In 2011 a staff of the Academy continued the practice of scientific publications, in particular various Collections of Scientific Papers of the Academy were issued, materials collections of seminars, Collections of Scientific Papers (Vestnik of RGAIS), Collections of Scientific Papers of post-graduate students, and also Collections devoted to piracy problems in the Russian Federation, to features of the Internet piracy and other issues of intellectual property have been published. The Scientific and Methodical Council for Intellectual Property considered and approved the publication of 5 monographs and 3 reports on carrying out of scientific research.
65 inquiries on providing consulting services and preparation of scientific conclusions were received in 2011 by the Academy. The subject of scientific consultations prepared in 2011 was related to the issues of copyright, patent law, the means of individualization and damage evaluation relating to infringement of intellectual property rights. Carrying out of applied researches gives to the teachers very good practical material which they use on lectures and seminars.
Teachers of the Academy participated in scientific events, employees of educational disciplines within a year participated in work of Expert Community at the Center of the Problem Analysis and State-Administrative Designing and Advisory Council of Innovation and Technological Development Club.
6.2. Training and Enhancing Professional Skills of Specialists in the Field of Intellectual Property
6.2.1. Training and Raising Qualification of Specialists at RGAIS
In total, 525 students were trained at the Academy under day time learning system, including: Faculty of Law — 326 students, Faculty of Intellectual Property Management — 199 students. 176 persons were trained on a state budgetary basis.
In 2011 the Academy has trained 224 certificated experts in intellectual property field and 150 people became students.
The distant technologies are applied in educational process off-presence learning of the Academy that allows expanding contingent of the trainees from the regions of Russia.
Taking into account students on-site and off-site learning 1093 persons are trained at the Academy.
The Academy plans to improve the activity in realization of distance learning programs and performance of research in the field of intellectual property, including by means of use of experience of the organizations entering into the WIPO Worldwide Network of the Universities, which the Academy joined in 2009.
In 2011 the Academy held testing of students on the basis of the FEPO (Federal Internet Test in the Field of Professional Training) organized by the National Accreditation Agency. The students of 1 to 4 courses of day time learning system of the Academy on 12 disciplines have passed the testing procedure. The percentage of didactic units has been about 86%.
The training and methodical support of educational activity of the Academy allows to realize in full professional and educational programs and carry out training of the experts according to the state educational standards of the higher professional education. In 2011 the Academy Library has gained in 1520 books and 553 units of the training and methodical literature.
The Faculties permanently involve students in active participation both in scientific and public events of the Academy: sport competitions, youth and scientific actions, including regional ones.
The major part of the educational process for experts training in intellectual property field is internship. 205 students of the Academy were sent for internship to FIPS in 2011.
Rospatent and the Academy pay attention to development of the Pre-University training system in intellectual property field.
The Introductory Courses of the Academy aimed at training before entering the Institute continue functioning. 27 persons were trained in the Introductory Courses and more than 70% became the Academy students.
In 2011 Olympiad on intellectual property obtained the international status. The award for the first prize-winner was the Certificate of the right to free training in the Academy. By results of the registration which ended in December 2011 11420 senior pupils (in 2010 — 7239 persons) were registered on the quiz.
Improvement of professional skill in the field of intellectual property
In 2011 the faculty of improvement of professional skills and professional retraining of the Academy continued development and updating of existing training programs (9 programs were updated: 1 program of professional retraining and 8 program of improvement of professional skills).
In 2011 the following training programs of professional retraining were carried out:
1. «Intellectual Property. Patenting»;
2. «Patent Specialist»;
In particular courses of improvement of professional skills:
1. «Trademarks and Appellations of Origin »;
2. «Examination of Intellectual Property Objects »;
3. «Prevention of Infringements in Intellectual Property Field».
41 employees of FIPS have completed training under the program of improvement of professional skills on carrying out examination of the inventions, utility models and 50 employees under the program «Prevention of Infringements in Intellectual Property Field». Law enforcement officials, officials of the State Authorities and enterprises were trained under the following programs of improvement of professional skills:
1. «Prevention of Infringements in Intellectual Property Field»;
2. «Examination of Intellectual Property Objects».
Preparation of candidates to patent attorneys which is carried out at the faculty of improvement of professional skills and professional retraining in Academy was continued. In total 88 persons passed the preparation of candidates to patent attorneys.
367 persons in 2011 were trained at the faculty of improvement of professional skills and professional retraining, particularly with granting of state-recognized documents: diplomas — 82, trophy — 47, certificates — 160 that corresponds to the plan confirmed by Rospatent for 2011 (365 persons).
In 2011 Academy continued works on administration of distant training in Russian under the program of the WIPO Academy «General Course on Intellectual Property» (DL101RU) in the Russian Federation and other countries. 500 persons in 2011 registered for DL101RU of which 394 have successfully completed the course and obtained the WIPO Academy’ certificates. According to the arrangement between WIPO and RGAIS the students graduated from the Academy and successfully completed the distance learning course will be granted by so-called «Common Certificates» on behalf of the Director General of Rospatent and WIPO.
The said form of training is popular not only at Russia (362 Russians successfully completed the course), but also at Russian-speaking citizens of the CIS countries (32 persons).
In 2011 RGAIS continued tutor support on «Copyright and Related Rights». The course was successfully completed by 26 persons, among them, besides Russia citizens, citizens of Belarus and Ukraine.
6.2.2. Training and improvement of professional skills of FIPS employees
The organization of training and improvement of professional skills of FIPS employees is carried out within the limits of Unified training system by a principle of continuity with use of internal and external forms of training, as from the first working day. Maintenance of conditions for continuous improvement of professional skills of employees is provided by FIPS Charter.
The organization of training for FIPS officials with the use of internal forms
The attention is focused on internal training which is certainly the most flexible type of training, allowing to solve existing problems. Its programs can be changed during the education process. Supervision, self-tuition with the use of computer-based training systems, centralized occupational training, practical training and seminars on experience exchange with international patent offices, training on application of search systems, databases, software applications, used in production activity is an essential selection of experts` training forms.
8 seminars on relevant issues of law enforcement practice were conducted for heads of departments, experts, research officials and other leading specialists of FIPS, aiming to provide consistency approach to examination.
In view of transition on new system of interdepartmental cooperation 14 seminars were conducted. About 120 persons participated in these seminars (heads and officials of Rospatent departments, heads and leading specialists of FIPS departments, officials, who are authorized to implement interdepartmental electronic interaction in rendering of the State Services. The training was conducted in accordance with the Plan on carrying out educational seminars for Rospatent officials «Special Aspects of Rendering of the State Services in accordance with the Federal Law № 210-FZ of 27 July, 2010 «On the Organization of the State and Municipal Services» Approved by Rospatent.
In accordance with quarterly plans of internal training, about 570 training sessions were conducted in FIPS departments, dedicated to reviewing of recently released regulations, examination issues, as well as analysis of external and internal quality control of examination and law enforcement practice. The training sessions were guided by heads of department
The experts` training on utilization of Rospatent` search system Patsearch is conducted on permanent basis, as well as consultations relating to utilization of other available databases for conducting examination.
In order to increase the efficiency of experts` self-tuition and reduce time-input of supervisors and heads of departments computer technologies are used (distance learning, particularly WIPO distance learning courses, training with the use of computer-integrated educational systems (teaching-controlling system «OLIMP») intended for self-tuition and self-examination by experts). More than 480 employees of examination departments passed self-tuition training with the use of «OLIMP» system as part of the evaluation procedure.
In the framework of experience exchange with international patent authorities 4 educational seminars for familiarization with legal practice of other patent offices (USPTO, EPO and EAPO) were conducted in Rospatent for experts and administrative officials of FIPS. 170 specialists participated in these seminars.
Enhancing professional skills of FIPS specialists
System of enhancing professional skills of experts in specialized educational establishments followed by obtaining a relevant state-recognized document continues to remain an important element of ongoing training. In 2011 RGAIS concluded 2 agreements with FIPS, according to which 44 recruited examiners were trained under the program of improvement of professional skills on carrying out examination of the inventions and utility models in the amount of 220 academic hours, 50 specialists, included in the list for promotion to the position of the head of department (deputy head), were trained under the program of improvement of professional skills «Preventions of Violations in the Field of Intellectual Property» in amount of 144 academic hours.
Education of FIPS specialists under the programs of obtaining higher professional education in RGAIS
In 2011 3 specialists, directed for obtaining education at the expense of FIPS, completed the tuition in RGAIS (faculty of law) under the program of higher professional education. 5 specialists continue the process of obtaining higher professional education, 46 FIPS specialists are being trained in RGAIS at their own expense.
Tuition of FIPS specialists under the programs of postgraduate studies in RGAIS
13 FIPS specialists continue to receive postgraduate studies in RGAIS, 10 of them were accepted on their own initiative, 1 — under target group and 2 are degree-seeking students.
6.2.3. Training of civil servants of Rospatent
Training of civil servants of Rospatent in 2011 is shown in Table 6.2.3.
Training of civil servants of Rospatent in 2011
Training of the civil servants trained under the programs of improvement of professional skill in the state educational institutions, total:
State policy in the field of combating corruption (under the Decree of the President of the Russian Federation of April 13, 2010 № 460 «On National strategy of combating corruption and the National plan of combating corruption for 2010-2011»)
State budgetary and tax policy (under the Budgetary message of the President of the Russian Federation concerning the budgetary policy in 2010-2012 and the Resolution of the Government of the Russian Federation of December 30, 2009 № 1166 «On the Governmental commission on economic development and integration»)
State foreign policy (according to the Concept of the foreign policy adopted by the President of the Russian Federation of July 12, 2008 № Pr-1440)
Increasing of efficiency of realization by the Federal Executive Authorities the functions of control (supervision) assigned to them in corresponding fields of activity (according to the Federal law of December 26, 2008 № 294-FZ (as amended of December 27, 2009) «On enforcement of the rights of legal entities and individual businessmen at realization of the state control (supervision) and municipal control» and the Resolution of the Government of the Russian Federation of April 5, 2010 № 215 «On adoption of the Rules of preparation of reports on realization of the state control (supervision), municipal control in corresponding fields of activity and on efficiency of such control (supervision)»)
Implementation of information technology in the State management (according to Strategy of an information society in the Russian Federation adopted on February 7, 2008 № Пр-212 and the Resolution of the Government of the Russian Federation of September 22, 2009 № 754 «On adoption of regulations on the system of interdepartmental document circulation»)
6.3. Certification and Registration of Patent Attorneys
6.3.1. Maintaining the patent attorneys’ register
The Federal Law of December 30, 2008 № 316-FZ «On the Patent Attorneys» (hereinafter referred as the Federal Law) and the Resolution of the Government of the Russian Federation of April 7, 2004 № 178 «Issues of the Federal Service for Intellectual Property, Patents and Trademarks» assign to Rospatent the supervision of fulfillment by patent attorneys of the requirements provided by the Russian legislation.
Rospatent, acting within the framework of the control mentioned above, has carried out a set of activities in order to put the information contained in the Register of Patent Attorneys (hereinafter referred to as the Register) as well as the information posted on the official website of Rospatent (Section “Patent Attorneys”) in conformity with Section 4 of Article 7 of the Federal Law, namely an indication of specialization of a patent attorney. Rospatent draws attention of patent attorneys to the fact that the issues of certification and registration of patent attorneys were previously regulated by the Statute of Patent Attorneys, approved by the Resolution of the Council of Ministers — the Government of the Russian Federation № 122 of 12.02.1993 (hereinafter referred to as the Statute of Patent Attorneys). It was adopted in order to provide the framework for conducting proceedings on obtaining protection documents of the RF on inventions, utility models, industrial designs, trademarks, service marks, appellations of origin (hereinafter referred to as objects of industrial property) and maintaining them in force. The Statute of Patent Attorneys did not regulate the issues of conducting the proceedings on objects, which were protected by the Law of the RF “On Legal Protection of Computer Programs and Databases” № 3521-I of 23.09.1992 and the Law of the RF “On Legal Protection of Topographies of Integrated Circuits” № 3526-I of 23.09.1992.
In conformity with Paragraph 12 of the Statute of Patent Attorneys and section 1 of the Rules of Certification and Registration of Patent Attorneys, confirmed by the order of Rospatent №6 of 16.02.1993, a qualification exam was conducting in accordance with the limitations of the future activities by certain objects of industrial property or by certain types of services, which were announced by the applicant. It could be made by different wordings, for example «industrial designs only», «except inventions and utility models», «except foreign patenting and registration (including international procedures)» etc., or by using the wording «without limitations», which implied that the patent attorney was entitled to practice in all the objects of industrial property.
Thus, the specialization was operated exclusively within the framework of industrial property and did not include items such as computer programs, databases and topographies of integrated circuits. However, under Paragraph 5 of Section 7 of Article 6 of the Federal Law introduced the list of specializations (including the specialization “Computer programs, databases, topographies of integrated circuits”), under which the applicant could be certified or the scope of his activities could be expanded, all the previously used wordings, such as “without limitations”, do not correspond to current legislation.
In connection to this Rospatent draws patent attorneys’ attention to the fact that the list of objects, in which the person was certified as a patent attorney, will be specified in the Register and in the Section “Patent Attorneys” (on the official website of Rospatent) instead of wordings “without limitations”, “except”, “only”. If a patent attorney receives a certificate which contains the above-mentioned wordings on limitation of the activities, Rospatent upon the patent attorney’s request within 1 month of the date of receiving such request and free of charge shall carry out exchange of the certificate, which attests the registration as a patent attorney, for a new one, which will contain a list of certain objects corresponding to the specializations, provided by the Federal Law and in relation to which the person was certified as a patent attorney.
48 statements were filed with Rospatent with the request of exchange of certificates which were satisfied. At the same time Rospatent removed the records that do not correspond to current legislation from the Register and from the section «Patent Attorneys» posted on the official website of Rospatent.
In 2011 Rospatent carried out the work on amending the Register as well as reviewing the information contained in Section “Patent Attorneys” on the official website of Rospatent. In order to bring the above-mentioned information in conformity with the requirements of the current legislation the data of 383 patent attorneys were corrected.
According to Paragraph 8 of Part 4 of Article 7 of the Federal Law the Register shall contain information about the names of public associations of patent attorneys, a member of which the patent attorney is.
Rospatent, in accordance with Part 5 of Article 7 of the Federal law which stipulates that a patent attorney is obliged to forward to Rospatent the information about all the changes in data, specified in Part 4 of Article 7 of the Federal Law, particularly the change in the name of the public association of patent attorneys in which he is a member, in 30 days from the date of occurrence of such changes shall make amendments to the Register and to the information on the official website of Rospatent.
152 patent attorneys filed applications with Rospatent on making amendments to the Register as paragraph 6.2 of the Administrative Regulations (confirmed by the order of the Ministry of Education and Science of the RF №368 of 05.10.2009, registered in the Ministry of Justice №16201 02.02.2010; hereinafter referred to as the Administrative Regulations) provides the performance by the Federal Service for Intellectual Property, Patents and Trademarks of the state function of certification of patent attorneys of the RF, the issuance of registration certificates and the control of the fulfillment by patent attorneys of the requirements specified in Russian legislation. 29 patent attorneys forwarded notices to Rospatent on discontinuation of their membership in the public associations.
In 2011 the number of patent attorneys included in the Register increased, meanwhile the number of registered patent attorneys amounted to 1423. The information about distribution of patent attorneys by the federal districts and subjects of the RF is presented in Table 2 of Annex 5.
During the reporting period upon the request of the judicial and customs authorities in accordance with Part 5 of Article 7 of the Federal Law 4 extracts from the Register were prepared; they contained information published pursuant to Part 7 of Article 7 of the Federal Law, including information about the status of the patent attorneys of the Russian Federation, their specialization, the number of their certificates. Moreover, two extracts from the Register, which were prepared directly upon the request of patent attorneys of the RF for submitting them to courts, were prepared.
6.3.2. The organization and conduction of works on certification of patent attorneys
According to part 7 of Article 6 of the Federal Law qualification exam on certification of patent attorneys of the Russian Federation is conducted via 5 specializations, namely “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integrated Circuits” (CP, DB, TIC).
At present time the Institute of Further Training and Professional Retraining of RGAIS offers all interested parties to be trained at short-term courses of improvement of professional skills «Preparation of candidates to patent attorneys» under the following programs:
1. Inventions and Utility Models. The course includes sections of:
- Fundamentals of Civil law;
- Intellectual Property regarding Part 4 of the Civil Code of the Russian Federation;
- Patent rights, protection of Inventions and Utility Models;
- Obtaining of Invention and Utility Model patent, requirements to application documents;
- foreign patenting, requirements to the РСТ application;
- Disposition of an exclusive right, types of contracts;
- International agreements in the field of intellectual property protection;
- solving of practical tasks.
2. Industrial Designs. The course includes the following sections:
- Protection of Industrial Designs under Part IY of the Civil Code of the Russian Federation;
- Obtaining of a protection document, requirements to documents, substantive examination including procedure of application examination on the stage of its transition;
- typical mistakes made by applicants;
- Disposition of an exclusive right to Industrial Design;
- International legal regulation;
- solving of practical tasks.
3. Trademarks (Service marks) and Appellations of Origin. The course includes sections of:
- International agreements and the Russian legislation in the field of Trademarks and Appellations of Origin protection;
- Requirements to compilation, filing and examination of applications on these objects;
- Assignment of rights on their use, contractual relations, types of contracts;
- Solving of practical tasks.
At the initiative of the qualifying commission of Rospatent in 2012 a new program on studying legal protection of Computer Programs, Databases and Topographies of Integrated Circuits taking into account introduction by the Federal law № 316-FZ of a new specialization “Computer Programs, Databases, Topographies of Integrated Circuits” is added to RGAIS short-term courses. This program aims at helping candidates to patent attorneys to prepare for the qualification examination. The program includes issues of protection, enforcement and use of Computer Programs, Databases and Topographies of Integrated Circuits.
In 2012 at the suggestion of the qualifying commission of Rospatent questionnaire survey of listeners both prior to the beginning of the listeners’ enrolment to courses, and upon their termination will be brought in for the purpose of revealing the problems arising during the course and preparing suggestion to improve the course. The given suggestions will be considered if necessary by the qualifying commission of Rospatent to work out new examination tasks.
The qualifying commission of Rospatent organizes consultations held by Rospatent and FIPS specialists for those who are admitted to the qualification examination. While holding a consultation specialists provide the information about formalities of the qualification examination and different organizational moments in particular about the procedure of carrying out computer testing and written work, about particularities of written work and examination tasks depending on specialization of the qualification examination.
The necessary information for preparation to the qualification examination which includes questions for computer testing and examples of case questions and practical tasks for the citizens wishing to get the status of the patent attorney of the Russian Federation is placed at the Rospatent official site in the “Patent Attorneys” section.
22.214.171.124. Activity of the qualifying commission of Rospatent
In 2011 the qualifying commission of Rospatent has approved the Plan of action on development of sets of examination tasks on specialization on the basis of Program of the qualification examination for certification of candidates to patent attorneys and the patent attorneys wishing to expand their area of practice to the specializations provided by law recommended by the qualifying commission of Rospatent on April 2, 2010.
In 2011 the qualifying commission of Rospatent according to the approved Plan of action organized work on developing sets of examination tasks to hold the qualification examination on the specializations provided by the Federal law and provisions of the recommended Program including practical tasks and cases.
Specialists of Rospatent, FIPS and RGAIS took part in this work. Upon termination of each activity provided by the Plan of action the qualifying commission of Rospatent in accordance with Paragraph 11.1.4 of the Administrative regulations approved and recommended the following documents:
- set of examination tasks for the “Legal protection of the I&UM” specialization;
- set of examination tasks “Enforcement of Intellectual Property Rights by administrative procedure”;
- set of examination tasks “International treaties in the field of intellectual property a contracting state of which is the Russian Federation”;
- set of examination tasks “Foreign patenting in accordance with the Patent Cooperation Treaty (PCT)”;
The following sets of examination tasks developed additionally in 2011 will be considered in accordance with the established procedure at the meeting of the qualifying commission in 2012:
- set of examination tasks for the TM&SM specialization;
- set of examination tasks “Disposition of a right (contracts for the I&UM and ID specializations”;
- set of examination tasks “Disposition of a right (contracts for the CP, DB, TIC specialization”);
- set of examination tasks “Disposition of a right (contracts for the TM&SM specialization”);
In connection with the approval of the above mentioned sets of the examination tasks (for computer testing and written work) the qualifying commission of Rospatent has made the decision to expand the structure of examiners that was approved on April 2, 2010 by including additionally FIPS experts in the structure who will be involved in checking examination papers on the listed subjects.
Now the structure of examiners amounts to 43 persons including FIPS and RGAIS experts.
In 2011 Rospatent, performing its function as a certifying body for citizens wishing to obtain the status of patent attorney of the Russian Federation as well as for patent attorneys of the Russian Federation wishing to expand their area of practice as per part 12 of Article 6 of the Federal Law within the specializations provided for by part 7 of Article 6 of the Federal Law, conducted the certification via qualification exams for the following specializations: “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integrated Circuits” (CP, DB, TIC).
Under part 4 of Article 6 of the Federal Law the process of certification involves:
- the confirmation of meeting the requirements provided for patent attorneys under parts 2 and 3 of Article 2 of the Federal Law and under part 13 of this Article, which results in the decision to permit or to refuse the admission to the qualification exam;
- the qualification exam, during which the candidate to a patent attorney is tested to have the knowledge and the respective practical skills necessary to practice as a patent attorney;
- the decision to certify or to refuse to certify as a result of the qualification exam.
The main activity of the qualifying commission of Rospatent is connected with the organization and carrying out the certification of candidates to patent attorneys.
In 2011 Rospatent conducted three qualification exams under the applicable law: February 28 – March 4, May 30 — June 3 and October 24 -28, 2011.
Rospatent received 218 applications for certification as patent attorneys.
By decisions of the qualifying commission of Rospatent of January 14, 2011, April 15, 2011 and November 25, 2011:
- 25 persons were not admitted to attend certification due to non-submission of the presented documents to clause 4 of part 2 of Article 2 of the Federal Law according to which as a patent attorney can be certified and registered a citizen of the Russian Federation who has a higher education and at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization, 11 persons were not admitted to attend certification due to non-expiration of six months term from the date of making decision by the qualifying commission of Rospatent on refusal to certify as provided for by part 13 of Article 6 of the Federal law;
- 182 persons were allowed to attend certification. 146 of them took part in the qualification exam, while 36 of them in accordance with Paragraph 11.4.4 of the Administrative regulations duly informed the commission prior to the start of the examination of the reason by which they were unable to attend the examination on the appointed day.
These persons will have the opportunity to attend the following qualification examination in 2012, as provided for by the Administrative regulations.
By decisions of the qualifying commission of Rospatent of April 1, 2011, July 1, 2011 and November 25, 2011, 53 persons were not certified as patent attorneys.
Meanwhile, 93 persons were certified as patent attorneys, including:
- 68 persons that received the status of patent attorney for the first time, 1 of them was certified for 3 specializations (CP, DB, TIC; I&UM; TM&SM), 4 of them were certified for 2 specializations (TM&SM; ID; I&UM; AO), 63 were certified for 1 specialization (20 for I&UM, 3 for ID, 39 for TM&SM, 1 for CP, DB, TIC).
- 25 patent attorneys of the Russian Federation that expanded their area of practice, 3 of them were certified for 2 specializations (I&UM; ID; CP, DB, TIC) and 22 of them were certified for 1 specialization (2 for I&UM; 6 for ID, 5 for TM&SM, 9 for CP, DB, TIC).
It should be noted that in accordance with Paragraph 12.4 of the Administrative regulations the appeal commission of Rospatent by its decisions obliged the qualifying commission of Rospatent to hold a re-examination with a different membership of examiners for 6 persons.
As a result 3 candidates to patent attorneys took part in the qualifying exam and got an “unsatisfactory’ mark and 3 will pass the qualifying exam in 2012.
As for the directions of the appeal commission of Rospatent made as a result of considering the appeals to the decisions of the qualifying commission of Rospatent, those were executed in due course.
126.96.36.199. Activity of the appeal commission of Rospatent
The activity of the appeal commission of Rospatent is governed by the Federal Law and the Administrative regulations.
In 2011 the appeal commission of Rospatent held 5 meetings and considered 21 appeals from candidates to patent attorneys as well as from patent attorneys wishing to expand their area of practice to the decisions of the qualification commission of Rospatent that is 2 appeals less than in 2010.
In relation to 11 appeals the appeal commission of Rospatent agreed with the decisions of the qualification commission of Rospatent.
In relation to 6 appeals the appeal commission of Rospatent in accordance with Paragraph 12.4 of the Administrative Regulations recommended the qualification commission of Rospatent to hold re-examination of the candidates to patent attorneys for the part of the test, the answers for which had been considered “unsatisfactory”. In two cases the appeal commission of Rospatent satisfied appeals and cancelled decisions of the qualifying commission of Rospatent, recognizing the results of the exam satisfactory.
While considering the appeals to refuse in the admission to passing an examination in one case the appeal commission of Rospatent satisfied the appeal of a candidate to patent attorneys and admitted him to passing an examination, in the other case it was rejected.
Aiming to improve the process of examination of the candidates to patent attorneys, the appeal commission of Rospatent submitted to the qualification commission of Rospatent proposals for updating the examination tasks and for amending the existing tasks.
The part of proposals of the appeal commission of Rospatent was considered and the corresponding clarifications in the task conditions were done (relating to the other tasks clarifications had been done earlier directly by the qualifying commission of Rospatent).
In 2011 the appeal commission of Rospatent considered 8 appeals to actions of patent attorneys of the Russian Federation that is 2 appeals more than in 2010.
In accordance with Paragraph 12.3.2 of the Administrative Regulations notifications to patent attorneys of the appeals to their actions received in the name of Director General of Rospatent from individuals and entities were forwarded by the appeal comission. Copies of the appeals were sent to the attorneys along with requests to present to the appeal commission of Rospatent explanation regarding motives stated in the appeals for consideration at the meeting of the appeal commission of Rospatent in accordance with Paragraph 12.3.3 of the Administrative Regulations.
After considering 3 appeals the appeal commission of Rospatent did not reveal any inappropriate fulfillment by patent attorneys of their professional obligations.
In 1 appeal the disputes between the patent attorney and the appellant were adjusted prior to the decision of the appeal commission of Rospatent.
In 3 appeals the appeal commission of Rospatent made a decision that the appeal was beyond its authority as provided for by Paragraph 3 of Article 9 of the Federal Law.
In 1 appeal the appeal commission of Rospatent made a decision that the appeal was reasonable and recommended Director General of Rospatent to file an action in court to apply to the patent attorney measures provided for by part 1 of Article 10 of the Federal law.
The sessions of the appeal commission of Rospatent were held upon the receipt of appeals. All the received appeals were considered and replies on them submitted according to the established procedure. There were also postponements in considering certain appeals, caused by the necessity to demand additional materials from patent attorneys or their opponents. During summer there was a postponement of a session of the appeal commission of Rospatent caused by lack of members of the commission for holding the meeting due to the vacation period. The appellants were informed of the postponements.
6.4. Conferences, Seminars, Round Tables
Rospatent holds in Moscow annual conferences, seminars, round tables that cover a wide and diverse range of participants, including Rospatent specialists, patent attorneys, patent specialists, inventors, experts, representatives of the Federal authorities, judicial system, universities, educational and academic entities as well as representatives from international organizations (first of all, WIPO, the EPO, the EAPO) and of several foreign states. While carrying out these activities are implemented in practice:
- promotion of the role and importance of intellectual property and its legal protection;
- exchange of the practical experience on the issue of legal protection of patents, means of individualization and copyright;
- education and training, because the most part of the participants can get the necessary and immediate information on many aspects within the scope of Rospatent activity while hearing reports and speeches of the top management and specialists, primarily of the Rospatent system;
- communication to the participants of these events the results of scientific research conducted by the FIPS specialists on matters relating to provision of legal protection to industrial property objects, transfer of rights in them, legal enforcement, prevention of unfair business practices, development of information technologies, economic and organization problems in the field of IP;
- direct informing Rospatent Directors and experts of questions and proposals of participants about conferences and other events for a wide range of issues in the field of intellectual property protection.
The main major events held in Moscow in 2011:
The 18th session of Meeting of the International Authorities under the Patent Cooperation Treaty (PCT) was organized by the International Bureau of WIPO and Rospatent. The session was dedicated to the major problems of development of the PCT system, in particular, improvement of quality of the international search and the international preliminary examination, increasing of level of cooperation between the International Authorities and to technical questions of information interchange and standardization. Delegates of 16 Patent Offices functioning as the International Authorities (35 foreign participants including 3 representatives of WIPO) as well as senior specialists of FIPS and Rospatent took part in the 18th session.
At the session more than 15 questions of the agenda were considered, the most important of which were:
- development of the activities aimed at improvement of quality of the international search reports, written opinions of the International Preliminary Examination Authority on possibility of mutual granting by Offices of national reports on search and examination results, insuring dialogue between the applicant and the expert at the stage of the international preliminary examination;
- development of measures aimed at more strict meeting of deadlines of the international application examination under the РСТ procedure, reducing of the collected fees, withdrawal of reservations to application of certain articles and rules of the Regulations under the РСТ;
- creation of the third parties remark collection system on the international search reports;
- creation of the feedback system between the specified and the chosen Offices and the International Authorities on issues of search and examination quality;
- review of structure of the РСТ Minimum Documentation.
Science and Practice Conference and Round table within the framework of the XIV Moscow International Salon for inventions and innovation technologies “Archimedes — 2011” in Sokolniki Park are dedicated to urgent matters of protection and examination of applications for intellectual property objects.
The co-organizers of the event were Rospatent and FIPS.
16 reports of senior specialists of Rospatent and FIPS were presented.
Approximately 155 persons participated in the Conference and the Round table.
The XV traditional Science and Practice Conference of Rospatent “National Innovation-driven System and the Importance of IP Legal Protection in its Development”
Representatives of international organizations (WIPO, the EPO, the EAPO), foreign patent offices, the Federal authorities, non-governmental organizations and associations, universities, science and research institutions, industry enterprises, administrative and managerial structures, information centers and other organizations from some regions of the Russian Federation took part in the Conference.
Workers of legal and commercial organizations as well as patent attorneys of the Russian Federation were presented most widely at conference.
Heads and specialists of the central body of Rospatent, FIPS and RGAIS participated in the Conference.
The Conference hosted a total of 277 persons, including 13 representatives from foreign countries and 33 from regions of Russia.
During the Conference 2 plenary sessions were held and 5 sections were operating: «Legal protection objects of patent rights and its role in innovative development of the country», «Legal protection of the means of individualization», «Management of the rights of the State on the results of intellectual activity created at the expense of the federal budget», «Information support of innovative activity and its meaning in innovative development of the country», «Issues of use and assignment of rights on results of scientific and technological activity (R&D results)» and 40 reports were heard.
The main distinctive feature of that Conference was its dedication to the priority problem of the State innovative policy that is development of national innovative system. Representatives of the Federal authorities and other participants of Conference in their reports and communications pointed out the important role of legal protection of intellectual property in development of competitive national innovative system on a global basis and the necessity of the further improvement of the legislation in the sphere of legal protection of intellectual property, use and assignment of rights on results of scientific and technological activity.
Other similar events held in 2011, are mentioned in section 1.10.