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Annual report of Rospatent 2012 (Section 1)

 
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2012 Annual Report of Rospatent

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Dear Sirs!

While presenting for your attention the 2012 Annual Report of the Federal Service for Intellectual Property, I want to mention that it was a year of intensive and fruitful work. The detailed information on the results of our activities can be found on the pages of this Report.

Our special attention in the reported year was devoted to better interaction with applicants, improved quality and accessibility of the rendered services.

In order to strengthen the national technological basis, popularize and promote innovative activities among the society at large, Rospatent has signed agreements on the establishment of Technology and Innovation Support Centers with 76 organizations representing 54 Russian regions.

2012 was marked with a number of important international events related to the issues of intellectual property: Russia officially became a WTO member, integration within the Customs Union and Joint Economic Space received further active development, the Eurasian Economic Commission started its functioning, important initiatives in the field of innovative development and intellectual property were endorsed in the course of the Russian APEC presidency.

The year can also be illustrated by further development of Rospatent’s cooperation with foreign patent offices including the offices of the BRICS countries, the European Patent Office and the Office for Harmonization in the Internal Market (OHIM); Rospatent started performing searches on the international applications filed with the USPTO, and the network of bilateral PPH arrangements was broadened.

All the above-mentioned directions will require a vast amount of work from Rospatent and its subordinate bodies in the future with an aim to contribute to the innovative development of Russia.

 

With best wishes,
Director General of the
Federal Service for Intellectual Property
Boris Simonov
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1.1. Ensuring the Quality of the Rendered State Services

In 2012, the activities of Rospatent in ensuring the quality of the rendered state services were aimed at improving the interaction with persons that apply to Rospatent for state services.

In 2010-2011, a number of legal acts were adopted regulating the procedure of rendering state services by federal executive authorities, in particular in electronic form. These legal acts include the Federal Law “On the provision of state and municipal services” of July 27, 2010 № 210-FZ (hereinafter referred to as — the Law № 210-FZ), the Federal Law “On the electronic signature” of April 6, 2011 № 63-FZ, the Federal Law “On the personal data” of July 27, 2006 № 152-FZ. The regulation is underlain by principles relating to the transparency of activities of the authority rendering state services, to the convenience of applying for state services for the applicant and to the option of receiving state services in electronic form.

The activities of Rospatent in the field of ensuring the quality of the rendered state services in 2012 were directed towards ensuring the possibility for the applicant to execute his right to receive state services timely and in accordance with the established requirements, to receive complete, up-to-date and reliable information on the procedure of rendering state services, in particular in electronic form, under the new legislation.

One of the main courses of activities of Rospatent is related to the implementation of the provision of Аrticle 7 of the Law № 210-FZ imposing a restriction for federal bodies to demand from the applicant the documents and information required for the rendering of state services, which are kept at the disposal of other federal executive authorities. The inclusion of the system of interoffice information interaction into the Russian Law is directed at the improvement of availability of state services and streamlining the procedure of their being received by the applicants.

Interoffice interaction between Rospatent and other federal executive authorities (the Federal Taxation Service of Russia, 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, the Federal Service for Control on the Alcohol Market) was launched at the end of 2011. In 2012 the work to improve the interoffice interaction experience was carried on.

Close attention was paid to awareness raising, particularly among applicants/rightholders and their representatives, about the procedure of rendering state services by Rospatent within the framework of its competence under the new legislation.

With the view of improving the quality and availability of the state services rendered by Rospatent and in accordance with paragraph 5 of Section VIII of the minutes of the Governmental commission for the implementation of the administrative reform of March 20, 2012 № 131, in 2012 Rospatent conducted a quality monitoring of the rendered state services related to the granting of legal protection to inventions and trademarks. The implementation of this monitoring took into account the Methodical Recommendations on the organization of quality monitoring of the rendered state (municipal) services, approved by the Governmental commission for the implementation of the administrative reform (minutes of April 12, 2012, № 117).

In the course of this monitoring the general quality metrics were devised, analyzed and measured, related to: the compliance with the standards for rendering state services, including its convenience; the satisfaction of receivers of state services with its quality and availability (as a whole and by specific metrics investigated) and their expectations towards the enhancement of quality of the rendered state services; time and money costs (both legally established and actual on all the necessary applications) on receiving the final results of state services, as well as the difficulties the applicants face in the process of receiving state services.

A report on the results of quality monitoring of the rendered state services was sent to the Ministry of Economic Development of the Russian Federation, of which Rospatent is a subordinate organization.

The report contains the results of the monitoring acquired in the course of the internal survey of quality metrics of the state services rendered by Rospatent in 2011 and by taking survey polls among the persons who had received the final results of state services.

The Law № 210-FZ establishes a new procedure for pre-trial (out-of-court) appellation by the applicant of decisions and actions (or lack thereof) of a governmental body rendering a state service. As a means to implement the Law № 210-FZ the Decree of the Government of the Russian Federation of August 16, 2012 № 840 (hereinafter referred to as — the Decree № 840) approved the Rules for filing and processing appeals to decisions and actions (or lack thereof) of federal executive authorities and their officers, of federal state servants, of officers of national non-budgetary funds of the Russian Federation, which establish the procedure of filing and processing appeals pertaining to breaches of procedure for the rendering of state services. In order to implement the provisions of the Decree № 840, Rospatent conducted work to adjust the appeal processing techniques, including the analysis of grounds for appeals, the time periods for their processing and accounting. Article 11 of the Law № 210-FZ establishes a list of admissible cases for appeals from the applicant to decisions and actions (or lack thereof) of the authorities rendering state services.

In accordance with the Decree № 840 the accounting of appeals received and processed (including the number of appeals satisfied or rejected) in 2012 was sent by Rospatent to the Ministry of Economic Development of the Russian Federation in an orderly fashion.

On August 22, 2012 the Decree of the Government of the Russian Federation of September 15, 2011 № 781 (hereinafter referred to as — the Decree № 781) came into force, which implemented the changes made to the Statute on patent fees and other fees for legally significant acts related to patents for inventions, utility models and industrial designs, to the state registration of trademarks and service marks, to the state registration and the granting of exclusive rights to appellations of origin, as well as to the state registration of transfers of exclusive rights to other persons and of contracts of disposal of such rights, implemented by the Decree of the Government of the Russian Federation of December 10, 2008 № 941, adopted in accordance with article 1249 of the Civil Code of the Russian Federation (hereinafter referred to as — the Code).

The Decree № 781 is designed to even out the amounts of patent fees for the rendering of state services for residents and non-residents. This is meant to implement the national treatment of foreigners, which fully corresponds to the rules and principles of the World Trade Organization (hereinafter referred to as — WTO).

The new amounts of fees were calculated based on the amounts of fees for legally significant actions that were previously in force for residents. This also took inflation into account.

The Decree № 781 kept the provisions for cases of reduced payment of certain fees and for exemptions from payment. The list of applicants entitled to a reduced payment of patent fees included small enterprises.

The changes made to legislation regulating the payment of patent fees required the conduction of organizational and technological activities aimed at the implementation of the new provisions in the course of rendering of state services.

As regards the technological support of the quality of the rendered state services, in 2012 close attention was paid to developing new and updating the existing internal organizational and provisional documents with the aim of adjusting the technological procedures to the requirements for rendering state services under the new legislation, as well as to the challenges imposed by the expectations of the receivers of state services.

2012 saw the improvement of technological support related to:

  • ensuring of due consideration of terms for processing the correspondence related to applications for international registration and to international marks within the framework of the Madrid system;
  • organization of work related to conducting various kinds of search and examination in accordance with the international agreements;
  • organization of work related to the publication of information on the applications for inventions, as well as to the preparation of annexes to patents for inventions, utility models, industrial designs, as well as of notifications of changes made to the data of state registration of inventions, utility models and industrial designs;
  • carrying out of procedures relating to applications for trademarks and appellations of origin at the stages of registration, formal examination, examination of the claimed designation for applications for trademarks, as well as to the registration of trademarks;
  • ensuring the due consideration of terms for processing the correspondence related to appeals and applications related to challenging and nullifying the granting of legal protection to objects of intellectual property;
  • organization of work related to carrying out the procedures for applications for inventions when notifying of the results of the examination for patentability of the claimed invention;
  • organization of work related to the execution of judicial acts pertaining to the provisional measures for the registered results of intellectual activity and means of individualization;
  • organization of work related to ensuring the provision of data from the Official Registry of the trademarks and service marks of the Russian Federation, the Official Registry of the appellations of origin of the Russian Federation, the List of trademarks well-known in the Russian Federation, on electronic medium;
  • organization of work related to the consideration of the incoming correspondence pertaining to the making of changes to the official registries of inventions, utility models, industrial designs and to the protection certificates, related to the data of state registration of inventions, utility models and industrial designs.

The work done in 2012 related to the organizational and technological support in respect of objects of patent law and means of individualization was aimed at streamlining the rendering of state services by use of modern technologies and, as a result, at raising the efficiency of interaction between the divisions, at improving the implementation of various procedures, at cutting production costs and at reducing the pendency of rendering state services.

With the view of ensuring by technological and organizational means the quality of the rendered state services, in 2012 an internal monitoring of activities of divisions related to rendering state services was conducted and the following work was done:

  • checking the terms of consideration of applications for prolonging the duration of the exclusive right to a trademark;
  • checking the terms of registration of contracts of disposal of exclusive rights to inventions, utility models, industrial designs, trademarks, and of granting the right to use them;
  • checking the terms of consideration of applications for the official registration of transfers of exclusive rights to objects of intellectual property in the absence of contract;
  • technological supervision over the compliance with the requirements for the preparation of documents and data on the priority of inventions, utility models and industrial designs for publication;
  • technological supervision over the compliance with the requirements for the qualification of correspondence on applications for trademarks, appellations of origin, the consideration of terms for conducting the examination and for processing the correspondence.

As a result of the monitoring proposals have been developed on measures of organizational and technological nature aimed at the elimination of detected reasons for breaches, at the improving of the organizational and technological support of the process of registration of objects of intellectual property and of transfers of rights, at the creation of conditions for the application of uniform approaches in executing the administrative procedures.

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

In 2012 the branch examination departments of the “Federal Institute of Industrial Property" (hereinafter referred to as — FIPS) continued improving of carrying out of information search and examination of the applications, reducing of terms of decisions and implementation of other actions connected with providing the state services in the official registration of inventions and utility models as well as granting of patents therefore.

One of the feature of reporting 2012 is performance by the examination departments of the bigger work volume, than it was planed.

The increase in volume of works of the branch examination departments was generally connected with starting since January 10, 2012 of the Agreements between Rospatent and the US Patents and Trademarks Office (USPTO) on the function of Rospatent as the International Searching Authority and the International Preliminary Examination Authority under the Patent Cooperation Treaty (PCT) in relation to the international applications received by the USPTO. Conclusion of this Agreement led to approximately twice increase in a number of the International Search Reports prepared by Rospatent, accompanied by written opinion on patentability of the invention (statistical data are provided in Section 3 of the present Report). It should be noted the need of performance of this work in short time prescribed by the Regulations under the PCT, increased volume of documents of the applications, namely: claims and descriptions, as well as the fact that all the documents from the USPTO are in English. The greatest number of the international applications, received for carrying out of the search, belonged to intensively developing areas of science and technology, such as chemistry, biotechnology, and computers.

In 2012 the trend of increasing in number of the applications for utility models remained that demanded the additional labor costs in the branch examination departments due to the need of examination of these applications within the terms prescribed by the corresponding administrative regulations.

Besides implementation of the state plan state indicators related to examination of national and international applications by the branch examination departments in 2012 information and patent searches for the patent offices of Turkey, CIS countries as well as the Eurasian patent office were carried out.

In the conditions of the increasing volume and complexity of activities and taking into account a lack of skilled examiners, a special attention was paid to new personnel decisions.

In 2012 a pilot project on making use in the FIPS of distant mode (work at home) the state intellectual property examiners received a distance access to the automated systems of the Institute. For participation in the project, generally, the skilled examiners living far from the FIPS premises were selected. When selecting such candidates, qualification of the examiner, methodological readiness and ability to self-organization as well as the skills of work with search engine "PatSearch" and automated system "Electronic Applications Archive" were put into consideration. The distant mode provides the presence of the employee at FIPS not less than one working day a week for discussion and delivery of the results of work, decision of other current issues and tasks, participation in training events for the purposes of improvement of a professional skills’ standard. The results of experimental testing showed its efficiency from the point of view of keeping of skilled staff without decrease in examination quality. The number of participants of the project continuously is growing within a year.

In 2012 the top management of the branch examination departments carried out current monitoring of examination quality, in particular control of legitimacy and completeness of the inquiries. By results of monitoring certain measures allowing reducing considerably a total number of inquiries is undertaken.

The activity aimed at improvement of professional skills of the examiners as well as administrative personnel of the branch examination departments by training and study visits to foreign patent offices was continued. In 2012 the employees of the FIPS visited the European Patent Office (the EPO) and the patent offices of Japan, Korea and China. The exchange of experience promoted studying of the foreign patent legislation and procedures in other offices, methodology for carrying out of patent and information searches and assessment of patentability of inventions applied by foreign colleagues; special attention was paid to finding of differences in approaches to examination of patent applications.

Specialists of the Department of IP Administrative Procedures took part in R&D work carried out by the FIPS on the comparative analysis of the provisions regulating formal examination of the application for inventions in the EPO and Rospatent. By results of the analysis a number of differences was revealed and expediency of updating of current administrative regulations, as well as certain amendments and additions to Part I of the Guide to Examination of the Applications for Invention for optimization of formal procedures and labor costs among the examiners of the branch examination departments and the Department of Formal Examination.

In 2012 as a result of intensive development of biomedical cellular technologies in Russia and other countries a great attention was paid to the issues of promotion of enforcement practice of patent examination in the field of technology. In particular, cooperation with the Committee of the State Duma (the Parliament) of the Russian Federation on Science and High Technologies aimed at improvement of legislative support to development of biomedical cellular technologies in Russia. In this work an active part was taken by specialists of the Department of Chemistry, Biotechnology and Medicine. A meeting "Features of patenting of inventions in the field of medicine and biotechnology in the Russian Federation" was held in cooperation with the All-Russian Patent and Technical Library in which more than 130 representatives of biotechnological, medical and pharmaceutical companies took part.

The Heads and Examiners-in-chef of the branch examination departments took part during this year in various scientific and practical conferences in Moscow, St. Petersburg, Tver, Nizhny Novgorod, Novosibirsk and other cities of the Russian Federation.

The main indicators of rendering the state services related to official registration of inventions and utility and granting patents thereof in 2012 are reflected in Tables 1.2.1-1.2.6 and in statistical data in the Appendix 3 to the present Report.

Table 1.2.1

INVENTIONS: Filings for the Russian Federation Patents

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Filed with Rospatent, Total

Including:

41849

38564

42500

41414

44211

106,75

by Russian Applicants

27712

25598

28722

26495

28701

108,33

by Foreign Applicants

14137

12966

13778

14919

15510

103,96

Considered at the Stage of Expertise, Total:*

38909

40966

41031

42860

42054

98,12

International search**

888

881

975

1079

1905

176,55

Decisions Made: Decisions on Granting,

Including:

29903

32144

30998

32250

32428

100,55

to Russian Applicants

22668

23502

21307

22339

21752

97,37

to Foreign Applicants

7235

8642

9691

9911

10676

107,72

Decisions on Refusal, Including:

1230

959

963

844

873

103,44

to Russian Applicants

1078

816

809

728

693

95,19

to Foreign Applicants

152

143

154

116

180

155,17

Decisions on Withdrawal, Including:

6888

6982

8095

8687

6848

78,83

to Russian Applicants

4503

4060

4161

5161

3975

77,02

to Foreign Applicants

2385

2922

3934

3526

2873

81,48

* Indicator included since 2012 in structure of total number of decisions taken at the stage of examination.

**Quantity indicators for 2008 to 2011 are refined in result of inclusion of new indicator "International search" since 2012.

Table 1.2.2

INVENTIONS: The Russian Federation Patents Issued

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Patents Issued, Total

Including:

28808

34824

30322

29999

32880

109,60

to Russian Applicants

22260

26294

21627

20339

22481

110,53

to Foreign Applicants

6548

8530

8695

9660

10399

107,65

Table 1.2.3

INVENTIONS: Number of Valid Russian Federation Patents as of December 31, 2012

Valid as of December 31, 2011

168558

Patents for Inventions Issued in 2012

32880

Ceased to be Valid in 2012 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

19923

Valid as of December 31, 2012

181515

Table 1.2.4

UTILITY MODELS: Dynamics of Filings

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Filed with Rospatent, Total

Including:

10995

11153

12262

13241

14069

106,25

by Russian Applicants

10483

10728

11757

12584

13479

107,11

by Foreign Applicants

512

425

505

657

590

89,80

Considered at the Stage of Expertise,Total:

10715

11953

11285

12541

13410

106,93

Decisions Made:
Decisions on Granting, Including:

10000

11094

10514

11614

12282

105,75

to Russian Applicants

9555

10710

10059

11090

11766

106,10

to Foreign Applicants

445

384

455

524

516

98,47

Decisions on Refusal, Including:

25

42

20

0

56

to Russian Applicants

25

39

20

0

52

to Foreign Applicants

0

3

0

0

4

Decisions on Withdrawal, Including:

690

817

751

927

1072

115,64

to Russian Applicants

648

775

724

887

1033

116,46

to Foreign Applicants

42

42

27

40

39

97,50

Table 1.2.5

UTILIY MODELS: Dynamics of the Russian Patents Issued

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Patents Issued Total

Including:

9673

10919

10581

11079

11671

105,34

by Russian Applicants

9250

10500

10187

10571

11152

105,50

by Foreign Applicants

423

419

394

508

519

102,17

Table 1.2.6

UTILITY MODELS: Number of Valid Patent (Certificates) of the Russian Federation
as of December 31, 2012

Valid as of December 31, 2011

46876

Certificates for Utility Models Issued in 2012

11671

Ceased to be Valid in 2012 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

7801

Valid as of December 31, 2012

50746

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 11,1% and amounted to 4640, 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 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 2012 was maintained at the level of 2011 and amounted to 6 months.

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 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

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Filed with Rospatent, Total

Including:

4711

3740

3997

4197

4640

110,56

by Russian Applicants

2356

1972

1981

1913

1928

100,78

by Foreign Applicants

2355

1768

2016

2284

2712

118,74

Considered at the Stage of Expertise,

Total:

5194

5460

4557

4101

4025

98,15

Decisions Made:

Decisions on Granting, Including:

4360

4538

3940

3400

3374

99,23

to Russian Applicants

2273

2055

1940

1485

1342

90,37

to Foreign Applicants

2087

2483

2000

1915

2032

106,11

Decisions on Refusal, Including:

179

120

112

143

140

97,90

to Russian Applicants

139

99

94

103

100

97,09

to Foreign Applicants

40

21

18

40

40

100,00

Decisions on Withdrawal, Including:

655

802

505

558

511

91,58

to Russian Applicants

495

614

392

403

375

93,05

to Foreign Applicants

160

188

113

155

136

87,74

Table 1.3.2

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

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

Patents Issued, Total Including:

3657

4766

3566

3489

3381

96,90

by Russian Applicants

2062

2184

1741

1622

1390

85,70

by Foreign Applicants

1595

2582

1825

1867

1991

106,64

Table 1.3.3

INDUSTRIAL DESIGNS: The Quantity of Valid Patents of the Russian Federation as of 31.12.2012

Valid as of December 31, 2011

21295

Patents issued in 20112

3381

Ceased to be Valid in 2012 (upon expiry of the validity term and/or due to non-payment of the patent duty to support the validity)

2046

Valid as of December 31, 2012

22630

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 last years was marked with the increase of the number of applications filed with Rospatent for the state registration of trademarks and service marks (hereinafter referred to as trademark. In 2010 the number of such applications amounted to 56848; in 2011: 59717 applications; in 2012: 61923 applications which is 5,05% higher than the 2010 figure (56848). 54993 were examined in 2011, which is 3,7% higher than in previous year.

In 2012 57528 applications were examined that is 4,6% more, than in 2011 (54993 applications).

Thus 40106 trademarks were registered (in 2011 — 35954 trademarks).

Dynamics of filing and Examination of Application for Registration of Trademarks are reflected in the Tables 1.4.1 and 1.4.2.

Table 1.4.1

TRADEMARKS AND SERVICE MARKS: Dynamics of Filings and Consideration of Application
for Registration of Trademarks of the Russian Federation in 2008-2012

Indices

2008

2009

2010

2011

2012

2012 vs. 2011 (%)

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

57112

50107

56848

59717

61923

103,69

by Russian Applicants

30024

26448

32735

33252

34851

104,80

by Foreign Applicants, Including:

27088

23659

24113

26465

27072

102,29

Under the Madrid Agreement or Protocol

16738

15113

14289

16083

15875

98,70

Considered at the Stage of Expertise,

50586

55852

53408

54993

57528

104,60

Decisions Made:
Decision on Granting

43002

46440

43920

39553

41830

105,76

Decision on Refusal

7333

9106

8950

9145

10424

113,99

Decision on Withdrawal

251

306

538

328

791

241,16

Notice of withdrawal and at the stage of preliminary examination

4211

4635

6828

5967

4483

75,13

Table 1.4.2

TRADEMARKS AND SERVICE MARKS: Dynamics of Registration of Trademarks

Indices

2008

2009

2010

2011

2012

Trademarks and Service Marks Registered, Total Including:

36617

36436

35178

35954

40106

for Russian Applicants

19895

19585

20116

16311

19284

for Foreign Applicants

16722

16851

15062

19643

20822

Including under the Madrid Agreement or Protocol

8518

8101

6019

12724

13067

Renewals Registrations

6431

6690

9554

11915

11746

Including:

for Russian Applicants

3550

4243

6119

8525

7852

for Foreign Applicants

2881

2447

3435

3390

3894

Registration Valid By the End of the Year*

222208

246607

268165

281784

296631

* Without regard for International applications filed under the Madrid Agreement

Positive dynamics of examination of the applications for the state registration of trademarks is a result of acceptance of the whole package of measures providing for reduction of labor costs by modification of technological procedures of granting legal protection to trademarks, automation, organizational improvement of processes of examination and registration of the rights.

Among the measures directed to improvement of quality of providing the state services in the field of the official registration of trademarks, it should be noted a work on amendments to the International (Nice) Classification of the Goods and Services (MKTU) carried out by leading foreign patent offices under the auspices of WIPO

As a result of the above actions the Information Notice of Rospatent dated of 23.12.2011 No. 2 "About the terms identifying services, relating to trade activity at their inclusion in the list of services of the Class 35 of the Nice Classification (MKTU)" was prepared.

Practical benefits for elaboration of uniform law enforcement practice in the sphere of protection of trademarks was rendered by discussion of topical issues in this sphere during conferences, seminars, meetings and the round tables organized directly in Rospatent, as well as in various regions of the Russian Federation. 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 16th annual Rospatent’s Scientific and Technical Conference devoted to the issues of development of legal protection of intellectual property, XV Moscow International Industrial Property Salon “Archimedes-2012”.

The issues of improvement of the quality of examination were dealt with taking into consideration a foreign practice shared in the course of WIPO meetings, within the framework of the Madrid System of International Registration of Marks and the Nice Agreement on the International Classification of Goods and Services, and also in the materials and recommendations developed within the framework of the WIPO Standing Committee on the Laws of Trademarks, Industrial Designs and Geographical Indications.

Taking measures directed on improvement of procedure of providing the state services in the field of the state registration of trademarks is impossible without office-work automation at modern level. In this regard the large-scale works which cover both national and the international applications for trademarks are carried out.

In 2012 for reduction of labor costs by examination of the applications for trademarks all the examiners began to use the electronic system «TM-ADMIN».

Providing of the services related to electronic exchange of documents between Rospatent and the applicants allowed to reduce a period of communication between the sender and the addressee.

It should be noted an increase in a number of national applications filed in electronic form for the state registration of trademarks. In 2010 only 243 applications in electronic form were filed, in 2011: 1495 applications and in 2012: 3953 applications were filed in electronic form.

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

66 applications for the official registration of the appellations of origin and for granting exclusive right to use the appellations of origin, as well as the applications for granting exclusive right for earlier registered appellations of origin (hereinafter referred to as — AoO) were filed before to Rospatent in 2012, that exceeds the indicators of 2011. In reporting year the number of the granted certificates on exclusive right to AoO was equal to 31 and in 2011 — 22 certificates.

Table 1.5

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

Показатели

Indices

2008

2009

2010

2011

2012

Number of Applications for Registration and Granting of the Right to Use, Total Including:

35

30

63

58

66

from Russian Applicants

31

27

56

58

61

from Foreign Applicants

4

3

7

5

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

14

9

22

22

31

from Russian Applicants

14

9

18

21

29

from Foreign Applicants

4

1

2

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 certificates thereto

In 2011 the number of applications filed for the registration of CP, DB and TIC and the number of registered objects was continued increasing. In comparison with 2011 the number of the filed applications increased by 17,4% and amounted to 13515. 11776 applications were filed for the registration of CP, 1552 applications for the registration of DB and 187 applications for the registration of NIC, which show 14,2%, 49,1% and 70% increase versus 2011.For the third year the leaders in number of applications filed are educational institutions. In 2012 they filed 5017 applications that is 32,7% more than in 2011.

The analysis of activity of regions revealed multidirectional trends. 57 regions increased a number of the applications. The greatest increase in 2012 showed by Moscow — 808 applications, Krasnodar Region — 133 applications and Krasnoyarsk Region — 106 applications. At the same time 22 regions has decreased the number of the applications, including the Moscow Region (-122 applications), Penza Region (-53 applications). 7 regions kept the indicators at the level of 2011.

In 2012 in total 12979 objects were registered that is 21,3% more than in 2011. 209 applications were withdrawn following the results of examination.

In 2012 the number of CP, DB and TIC registered in name of the Russian Federation increased for 77% (from 572 to 1015).

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 2008–2012

Types of the results of intellectual activity

2008

2009

2010

2011

2012

Computer Programs

6086

7057

8073

9700

11471

Databases

441

609

733

891

1332

Topographies of Integrated Circuits

66

45

110

108

176

Table 1.6.2

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

Federation Districts

2009

2010

2011

2012

Central

3850

4473

5220

6263

Volga

1074

1244

1533

1668

North-West

894

1008

1308

1420

South

935

826

970

1279

North Caucasus

205

241

210

Siberian

735

853

1257

1478

Ural

462

455

591

733

Far East

187

199

250

316

Total

8137

9263

11370

13367

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

In 2012 examination and registration of the contracts on disposal of the exclusive rights to 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 (hereinafter referred to as the Administrative regulations on the contracts).

Inventions, Utility models and Industrial Designs

In respect of such objects as the inventions, utility models, industrial designs in the reported year Rospatent received 4124 applications for registration of the contracts related to 8256 inventions, utility models and industrial designs; 3035 contracts were registered in respect of 6301 patents. In comparison with 2011 the number of the requests for registration of the contracts and patents specified in them has decreased respectively by 2,6% (in 2011 — 4223 requests, in 2010 — 3921 requests) and the number of patents by 5,8% (in 2011 — 8763 patents, in 2011 — 8255 patents). Thus a number of registered contacts as well as a number of patents was decreased respectively.

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 2008 to 2012 is presented in Table 1.7.1.

Table 1.7.1

Dynamics of Registration of License Contracts and Patent Assignment Contracts

Indices

2008

2009

2010

2011

2012

Patent Assignment Contracts*

1524

1054

1356

1445

1195

Exclusive License Contracts

215

228

264

272

299

Non-Exclusive License Contracts

1005

1083

1240

1490

1541

Total Number of Contracts Registered

2744

2365

2860

3207

3035

Registered Requests to Grant a Free License

92

88

77

45

64

Published Requests to Grant a Free License

72

79

62

21

32

* 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 registered contracts in 2012 is decreased by 5,3% in comparison with 2011 (in 2011 maximum number for the last five years — 3207 contracts — is recorded), but exceeds the indicators of previous years. It should be noted that decrease in total of the registered contracts took place only as a result of the contracts on alienation of exclusive right. The statistics shows steady decrease in a share of contracts on alienation of exclusive right: from 55,5% in 2008 to 39,4% in 2012. In 2012 in comparison with 2011 the number of the registered contracts on alienation decreased by 17,3% and the number of the registered license contracts increased by 4,4%. Data of the Table 1.7.1 shows an increase of interest of patent holders to providing the right to use of the results of intellectual activity registered on their name in comparison with alienation of exclusive right to these results. It should be noted that the number of the registered contracts of the exclusive license in different years practically remains to be permanent, and the increase in number of license contracts is connected with the stable growth of the registered contracts of the non-exclusive license.

As in previous years, a number of the registered contracts on pledge of exclusive right to results of intellectual activity divided by the objects of patent law is insignificant in comparison with other registered contracts on disposal of exclusive right. 17 contracts on pledge are registered in 2012 (in 2011 — 16 contracts).

The data in Table 1.7.1 shows that in reporting year, despite some increase, the number of requests (64) and corresponding publications (32) on the possibility of granting to any person of the right to use of the invention, utility model or an industrial design (open license) remained insignificant.

The data from 2008 to 2012 provided for in Table 1.7.2 concerning number of the registered contracts on areas of technology testifies that, at decrease for 5,3% of total number of the registered contracts, the leading position (as well as in 2011) has behind such areas of technology, as Power and Electrical Engineering (499 contracts, that is 12% lower, than in 2011 — 567 contracts), Chemistry, Petroleum Chemistry (438 contracts, that is 3,5% lower, than in 2011 — 454 contracts) and Medicine (388 contracts that is 6,3% lower, than in 2011 — 414 contracts). In aggregate 43,66% in the specified areas of technology from the total number of the contracts are registered.

Table 1.7.2

Distribution of Registration Contracts by Fields of Technology

Fields of Technology

Contracts

2008

2009

2010

2011

2012

Light and Food-Processing Industries

186

173

163

194

215

Mechanical Engineering, Machine-Tool Industries, Tool Production

373

250

118

285

264

Medicine

140

76

294

414

388

Power Engineering, Electrical Engineering

364

247

421

567

499

Chemistry, Petroleum Chemistry

94

94

286

454

438

Electronics, Computer Sciences, Instrument Making

101

73

311

257

260

Metallurgy

186

133

86

113

103

Oil and Gas Production

449

338

162

158

152

Construction Engineering and Construction Materials

266

272

135

207

246

Others

585

709

884

558

470

Total:

2744

2365

2860

3207

3035

It should be noted that in comparison with 2011the number of the registered contracts increased in area of Construction Engineering and Construction Materials for 18,8%, in the field of Light and Food-Processing Industries — for 10,8%, in the field of Electronics, Computer Sciences, Instrument Making — for 1,2%, and in the field of Metallurgy and in the field of Mechanical Engineering, Machine-Tool Industries, Tool Production decreased respectively by 8,8% and for 7,4%.

Dynamics in change of activity of parties of the registered contracts depending on category of business entities is presented in Table 1.7.3. As a whole it should be noted a relative stability of the ratio of activity of these categories of business entities.

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

2008

2009

2010

2011

2012

2008

2009

2010

2011

2012

Natural Persons

33,9

32,9

34,5

31,8

31,6

10,2

7,6

9,7

8,98

9,09

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

7,6

8,9

13,8

16,25

19,93

2,7

4,7

7

5,52

6,39

Non-Governmental Organizations, Including:

58,4

58,2

51,7

51,95

48,47

87

87,7

83,3

85,5

84,52

Joint-Ventures

Foreign Companies

10,9

12,4

7,6

7,48

6,59

12,1

11,1

7,1

6,92

5,3

Others

0,1

0,1

The private enterprises as a Transferee dominate (84,5%). The share of organizations as the transferring party (Transferor) decreased a little and for the first time is less than a half (48,47%). Activity of the state enterprises, scientific research institute, and Universities which share as the transferring party increased to 19,93% that exceeds for an indicator of 2011 (3,68%) and an indicator of 2009 (11,03%) continues to increase.

The share of this category of business entity in 2012 as a Transferee also increased and made 6,39% that is 0,87% higher than an indicator of 2011 and is 1,69% higher than an indicator of 2009. The statistics presented in Table 1.7.4, shows that the average indicator of number of the patents covered by one contract, was in recent years on a level approximately two patents: in 2012 — 2,08, in 2011 — 1,95, in 2010 — 1,99, in 2009 — 1,9.

Table 1.7.4

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

Indices

2010

2011

2012

Number of Registered Contracts*/Number of Patents, Total

2860/5680

3207/6242

3035/6301

Including Inventions

1833/3415

2027/3561

1872/3599

Utility Models

718/1556

878/1932

897/2062

Industrial Designs

309/709

302/749

266/640

* Without taking into account of transition of exclusive right to other person without the contract

In 2012 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.

In 2012 Rospatent received 346 requests of the assignees for registration of transfer of the exclusive rights without the contract related to 3320 patented inventions, utility models and industrial designs (in 2011 — 348 requests related to 2557 objects). The number of applications received in 2012 is 0,6% lower than in 2011, but the number of objects, related to which the transfer of right is announced, is 29,8% higher than the respective indicator in 2011. Examination of 357 requests related to 3365 patented objects is finished (in 2011 — 316 requests related to 2221 objects). Transfer of the exclusive right to other person without the contract under 218 requests related to 2060 patented objects is registered (in 2009 г. — 54 requests related to 232 patents: in 2010 г. — 238 requests related to 1819 objects; in 2011 — 204 requests related to 1206 patents,), which amounts to 61,06% of all examined requests (in 2010 г. — 60,6%; in 2011 — 64,65%). The average indicator of the number of patents in one registered request for transfer of the rights without the contract amounts to 9,5 (in 2009 г. — 4,3; in 2010 г. — 7,6; in 2011 — 5,9).

Among all the requests for registration of transfer of the exclusive rights without the contract adopted in 2012 in 73,4% requests as the owner of an exclusive right and its assignee were the Russian nationals and in 26,6% requests — foreign nationals. The ratio between Russian and foreign nationals during two last years is practically the same (in 2010 — 75% and 25%; in 2011 — 75,5% и 24,5%, respectively).

Trademarks and Service Marks

The statistics for 2011 to 2012 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 2008 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 2008 to 2012, license contracts during the period from 2008 to 2010 (without stipulation as to the license or concession from 2011 to 2012).

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

Type of contract

2008

2009

2010

2011

2012

Trademark Assignment Contract, Total
Including:

6767

6121

7426

7953

8195

from Russian Owners

5222

4888

5939

6222

6270

from Foreign Owners

1545

1233

1487

1731

1925

License Contracts/ Contracts of commercial concession, Total
Including:

8807

9157

11720

10216/2769

13840/6986

from Russian Owners

6367

5902

8174

6831/1896

9165/5944

from Foreign Owners

2440

3255

3546

3385/873

4675/1042

Comparative data about the Russian and foreign parties of the contracts registered from 2009 to 2012 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 Contract

License Contracts/Contracts of commercial concession

2008

2009

2010

2011

2012

2008

2009

2010

2011

2012

The Parties are Russian Persons

2642

2323

2701

2615

2828

4023

3947

4753

3857/1112

4377/5956

The Parties are Foreign Persons

418

365

488

511

569

105

153

151

160/2

174/3

Transferor is a Russian Persons, Transferee is a Foreign Persons

375

244

267

287

277

28

29

52

40/2

40/5

Transferor is a Foreign Persons, Transferee is a Russian Persons

76

68

122

70

71

770

787

880

686/287

819/321

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

2010

2011

2012

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Assignment Contract, Total
Including:

3578

7426

3483

7953

3745

8195

from Russian Owners

2968

5939

2902

6222

3105

6270

from Foreign Owners

610

1487

581

1731

640

1925

License Contracts/Contracts of commercial concession, Total

5836

11720

4743/1403

10216/2769

5410/6285

13840/6986

from Russian Owners

4805

8174

3897/1114

6831/1896

4417/5961

9165/5944

from Foreign Owners

1031

3546

846/289

3385/873

993/324

4675/1042

Pledge

62

195

52

280

24

82

Change

2039

5492

2663

9529

2754

11123

Termination

888

1646

1122

2597

1074

2200

Total

12403

26479

13466

33344

19292

42426

Table 1.7.5 shows that in 2012 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 38,6% in comparison with 2011 (19146 trademarks in 2010 and 20938 trademarks in 2011).

3745 contracts on alienation of the exclusive rights in trademarks as a result of registration of which the exclusive rights were registered in 2012 (in 2011 — 3483 contracts) in result of which exclusive right s were transferred in relation to 8195 trademarks from which 6270 or 76,5% were trademarks of the Russian legal owners and, respectively, 1925 or 21,8% — trademarks of foreign legal owners. The number of the registered contracts on alienation of exclusive right to trademarks increased by 7, 5% in comparison with 2011.

The license contracts and the contracts of commercial concession (total number — 11695 contracts) were registered in 2012 in relation to 20826 trademarks, thus the share of trademarks of the Russian legal owners makes 15109 or 72,5%, while the share of trademarks of foreign legal owners — 5717 or 27,5% respectively.

In 2012 a great 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 remarked (20826 or 71,8% 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 (8195 or 28,2% of the total number of trademarks which were the subject of contracts). Comparison with similar data for 2011 (12985 or 62% and 7953 or 38%, 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 comparison with 2011. Table 1.7.7 shows a share of trademarks in relation to which the contracts were registered in 2012, belonging to the Russian persons, amounts to 73,6% (21379); 71,3% (14949 trademarks) in 2011; 74% (14113 trademarks ) in 2010. Number of the registered contracts in 2012 related to trademarks of the Russian legal owners increased to 87% (13483 contracts) from the total number of contracts (15440contracts); 82% (7913 contracts) from the total number of contracts (9629 contracts) in 2011; in 2010 — 73,6%.

The share of the registered contracts related to trademarks of foreign legal owners in 2012 decreased to 13% from the total number of contracts (1957contracts) vs. 18% (1716 contracts) and 17,4% in 2009 and 2010).

Analyzing data on a ratio of number of the registered contracts and number of the trademarks in the contracts, it’s possible to note that in 2012 the ratio of number of the registered contracts and number of trademarks made 1:1,88 and decreased in comparison with 2011 — 1:2,17.

Since January 1, 2008 a complex of exclusive rights belonging to the owner provided for under the contract of commercial concession has to include the right to the trademark, and the contract of commercial concession is subject to mandatory official registration in Rospatent. The analysis of statistical data shows the stable growth of the contracts of commercial concession (commercial sub-concession) registered by Rospatent. In 2012 6285 contracts concerning 6986 trademarks that shows an increase in 448% in comparison with 2011 (1403 contracts concerning 2769 trademarks) were registered. Such growth of contracts of commercial concession can testify to the stable growth of economic efficiency of this way of business activity.

In 2012 also the official registration of contracts on pledge / the subsequent pledge of the exclusive rights to trademarks was carried out. In 2012 Rospatent registered 24 contracts of pledge concerning 82 trademarks, including 19 contracts of the Russian owners (75 trademarks). In comparison with 2011 (52 contracts of pledge concerning 280 trademarks are registered) the number of contracts of pledge decreased.

Along with registration of contracts on disposal of the exclusive rights to trademarks, Rospatent carries out registration of the changes to registered contracts on the disposal of the exclusive rights to trademarks as well as registration of cancellation thereof. Growth of number of the registered changes is observed: 1606 changes in the relation of 5743 trademarks in 2009, 2039 changes in the relation of 5492 trademarks in 2010, 2663 changes in the relation of 9529 trademarks in 2011 and 2754 changes in the relation of 11123 trademarks in 2012.

1074 cancellations of earlier registered contracts (2200 trademarks) were registered in 2012. For comparison: in 2009 — 977 cancellations, in 2010 — 888 cancellations (1646 trademark), in 2011 — 1122 cancellations of the registered contracts concerning 2597 trademarks.

In reporting year Rospatent carried out the official registration of transfer of the exclusive rights to other person without the conclusion of the contract with the owner on the bases which are established by the law, including as universal succession (inheritance, reorganization of the legal entity) and at the collecting of property of the owner provided for by article 1241 of the Code. Procedure of the said registration is necessary for the assignee of the exclusive rights to the registered objects according to paragraph 6 of Article 1232 of the Civil Code.

In 2012 Rospatent received 591 requests for registration of transfer of the exclusive rights without the conclusion of the contract concerning 2465 trademarks. Transfer of the exclusive rights to other person without the contract according to 531 requests concerning 2046 trademarks was registered. In 2010 transfer of the exclusive rights to other person without the contract according to 432 requests concerning 949 trademarks was registered. 513 transfer of the exclusive rights to other person without the conclusion of the contract concerning 1276 trademarks were registered in 2011. It should be noted that in 2012 among the requests satisfied: 189 requests in which the owner of the exclusive rights and the assignee were the foreign entities (813 trademarks), and 342 requests — Russian entities (1233 trademarks).

Rospatent carries out registration of the contracts concerning trademarks and other objects of patent law (inventions, utility models, industrial designs). In 2010 68 such contracts, in 2011 — 95 contracts, in 2012 — 146 contracts were registered.

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 32% (from 243 to 320). The number of the objects covering by one request increased from 2,6 in 2011 to 3,4 in 2012 Total number of such objects was equal to 1147, vs. 721 in 2011. At the same time the number of requests which in the course of examination were withdrawn by applicants or registration was refused increased by 55% (from 29 to 45).

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 2008 — 2012 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

2008

2009

2010

2011

2012

Contracts for the Complete Transfer of Exclusive Rights

213

227

180

218

295

Non-contracted Transfer of Exclusive Rights to Other Persons

5

19

25

25

1.8. Rendering State Services 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 2012 vs. 2011 the number of the filed appeals and requests in general has increased significantly (by 29 %). Such sharp reduction in total number of objections and requests is caused by the fact that according to the Federal law of December 8, 2011 No. 422-FZ "On modification of certain acts of the Russian Federation related to establishment creation in system of arbitration courts of the Court for Intellectual Rights" (hereinafter referred to as — the Law No. 422-FZ) the applications for early termination of legal protection of trademark in connection with its non-use, submitted after coming into effect of the Law No. 422-FZ and prior to starting the activities of the Court for Intellectual Rights, are considered in the Arbitration court of the city of Moscow. As for disputes concerning the results of intellectual activity, as a whole the number of cases approximately in 11%, at redistribution between the objects as follows: as to the inventions the increase 10%, utility models — 30%, industrial designs the decrease almost in 30%.

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

2008

2009

2010

2011

2012

Inventions

334

347

227

276

303

Utility models

106

140

139

130

169

Industrial designs

49

34

32

55

39

Trademarks

2392

1813

1968

2193

1366

Appellations of origin

2

7

Granting exclusive right for prior registered appellation of origin

12

13

Total

2881

2334

2368

2666

1897

As a result of introduction and development of system of paperless office-work (DB PPS) an essential reduction of terms between the receipt of the request to the Chamber for Patent Disputes and date of communication of the decision to the dispute parties was diminished. In particular, the terms of hearing of cases concerning results of intellectual activity systematically diminished in 2011 as well as in 2012. At present this term is about 4 months.

The analysis of Table 1.8.2 shows that the total number of the decisions decreased in comparison with 2011. Reduction of total number of the decisions reflects that the Chamber for Patent Disputes considers only those requests for early termination of legal protection of the trademark owing to non-use which were filed before coming into effect of the Law No. 422-FZ. Some decrease in number of the decisions as results of consideration of objections on the decisions of Rospatent accepted by examination (about 15%), and by consideration of objections against providing legal protection (about 3%) .

Table 1.8.2

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

Type of Filings

2009

2010

2011

2012

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Filed

Decisions taken

Appeals against the decisions of examination

1001

1002

896

911

1020

921

1052

786

Appeals against granting legal protection

492

532

523

540

582

535

766

519

Requests

841

1393

949

992

1027

944

79

262

Not recognized as requests and appeals

0

378

1

335

0

384

0

402

Requests and appeals recognized withdrawn

0

31

40

32

10

Total

2334

3336

2369

2818

2629

2816

1897

1979

In 2012 the number of addresses to the Chamber for Patent Disputes non accepted to consideration in connection with noncompliance with the requirements to objections and requests increased approximately by 5%. As well as in previous years, in most cases the refusal in acceptance of cases was caused by missing of documents confirming the payment of patent fee. Among other causes of failure in acceptance of objections and requests was noncompliance with the terms established by the law for the appeal of decisions of Rospatent.

During 2012 before the date of communication of the notice of acceptance of objection for consideration at the request of the persons which have filed the said objection or request, proceeding on 10 cases was stopped that is considerable (approximately in three times) below a similar indicator for 2011 (32 cases).

Table 1.8.3 shows distribution of number of the decisions taken by Rospatent related to different types of results of intellectual activity and means of individualization. It follows from this Table that the number of the decisions taken in 2012 related to trademarks, as well as in previous years, considerably exceeds number of the decisions taken in relation to other objects of the intellectual rights. However the general trend of reduction of number of the decisions on appeals on the decisions of Rospatent accepted by results of examination, as to inventions, utility models and industrial designs, as well as trademarks is traced. Thus it should be noted some growth of number of the decisions on appeals against providing legal protection to inventions (79 cases in 2011 and 86 cases in 2012) and to trademarks (305 cases in 2011 and 327 cases in 2012).

Table 1.8.3

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

Types of the results of intellectual activity and means of individualization

Years

Decisions taken

Appeals Against the Decisions of Examination

Appeals Against Granting Legal Protection

On Requests

Inventions

2009

231

80

2010

139

75

2011

135

79

2012

114

86

Utility models

2009

4

78

2010

12

109

2011

17

117

2012

10

85

Industrial designs

2009

14

20

2010

11

21

2011

21

31

2012

10

12

Trademarks

2009

753

354

1393

2010

749

335

992

2011

748

305

928

2012

651

327

238

Well-known Marks

2011

1

10

2012

1

16

Trademarks (abuse of rights or unfair competition)

2011

3

2012

8

Appellations of origin

2009

2010

2011

2012

2

Granting exclusive right for prior registered appellation of origin

2009

2010

2011

2

3

2012

1

6

The results of examination of objections of different kinds of the results of intellectual activity and means of individualization are presented in Table 1.8.4, according to which 678 objections were satisfied and 547 were not satisfied. The total number of the satisfied objections remained almost invariable, and the number of unsatisfied objections considerably decreased for all the objects of the intellectual rights (invention, utility models, industrial designs) and means of individualization.

Table 1.8.4

The Results of Considerations of Objections

Types of the results of intellectual activity and means of individualization

Years

Results of Considerations

Appeal Satisfied

Appeal Non-Satisfied

Inventions

2009

36

256

2010

54

205

2011

60

145

2012

61

117

Utility models

2009

32

44

2010

47

10

2011

57

58

2012

42

42

Industrial designs

2009

3

29

2010

16

13

2011

27

20

2012

9

9

Trademarks (including well-known trademark)

2009

550

499

2010

536

488

2011

531

488

2012

565

371

Appellations of origin

2009

2010

2011

2012

2

Granting exclusive right for prior registered appellation of origin

2009

2010

2011

2

2012

1

6

Total

2009

621

828

2010

653

716

2011

675

713

2012

678

547

The data provided in Table 1.8.5 show that in 2012 from total number of the decisions of examination according to appeals on consideration of objects of the intellectual rights in the Chamber for Patent Disputes — 97 decisions were confirmed that made about 75% from all decisions on examination of applications which is slightly lower (approximately for 3%) than a similar indicator of 2011. In comparison with the number of all decisions the share of the changed and cancelled decisions on results of examination on applications increased approximately by 3%. As to means of individualization a decrease (approximately for 10%) in comparison with 2011 of share of the unchanged decisions of examination of the applications takes place. Similar to a share of the changed and cancelled decisions on results of examination of the applications increased approximately by 10%.

Table 1.8.5

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

Type of Decision

2009

2010

2011

2012

Decision of examination on applications

Recognized as valid

560

452

133 (ИЗ)

333 (ТЗ)

97 (ИЗ)

226 (ТЗ)

Changed

21

44

11 (ИЗ)

32 (ТЗ)

13 (ИЗ)

82 (ТЗ)

Outruled

416

397

28 (ИЗ)

376 (ТЗ)

20 (ИЗ)

334 (ТЗ)

Protection Title

Recognized not valid totally

98

132

91 (ИЗ)

66 (ТЗ)

64 (ИЗ)

72 (ТЗ)

Recognized not valid partially

105

80

14 (ИЗ)

57 (ТЗ)

15 (ИЗ)

78 (ТЗ)

Recognized valid (including ПНМПТ)

249

264

90 (ИЗ)

154 (ТЗ)

71 (ИЗ)

152 (ТЗ)

Withdrawn

85

82

70

80

Total

1534

1451

1455

1304

In 2012 the number of cases on which proceeding was stopped (70 cases — in 2011 and 80 cases — in 2012) increased for 14%.

The data presented in Table 1.8.6 show a considerable decrease considered by the Chamber for Patent Disputes of requests on early termination of legal protection of trademarks in connection with their non-use in view of the fact that the Chamber for Patent Disputes, according to the Law No. 422-FZ, does not consider all the requests which have been filed after 08.12.2011.

Table 1.8.6

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

Type of Request

Type of decisions

2009

2010

2011

2012

Appeal for non use of trademark

Satisfied partially

560

488

492

131

Satisfied totally

297

203

207

50

Non satisfied

22

36

60

17

Recognition of registration as an act of unfair competition

Satisfied totally

3

3

Satisfied partially

5

Granting exclusive right for prior registered appellation of origin

Non satisfied

3

Processing stopped

 

514

265

169

40

Total

 

1393

992

934

246

In 2012 the staff of the Chamber for Patent Disputes was invited for carrying out a preparatory work as a part of the Committee of Experts for implementation by Rospatent of legally significant actions concerning objections and requests which according to the current legislation shall be filed directly before Rospatent. In particular, experts of the Chamber for Patent Disputes were involved in examination of:

  • six appeals on granting exclusive right to earlier registered appellation of origin (see Table 1.8.3);
  • eight oppositions against providing legal protection to trademark if the action of the owner connected with the official registration of this sign are recognized in accordance with the established procedure as an abuse of the right or unfair competition (see Table 1.8.3);
  • sixteen requests for recognition of the trademark or sign as well-known mark in the Russian Federation; fourteen of which were satisfied (see Table 1.8.7).

Table 1.8.7

Number of the considered cases connected with well-known trademarks

Type of case for well-known trademark

Type of decisions

2011

2012

Application for well-known trademark

Satisfied

8

14

Non satisfied

2

2

Objection on trademark recognition as well-known mark

Satisfied

Non satisfied

1

1

Total

11

17

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

In accordance with paragraph 6 of the Statute of the Federal Service for Intellectual Property, approved by the Decree of the Government of the Russian Federation of March 21, 2012 № 218 (with amendments and additions), Rospatent is entitled to consult natural and juridical entities on issues within its sphere of competence in order to execute its authority in the established field of activities.

Within the framework of its competence Rospatent provides for informational and methodological support for the activities of the federal executive bodies which carry out legal enforcement functions in the field of civil turnover of objects of intellectual property.

The work to provide informational and methodological support for the activities of executive authorities, as well as of public prosecution and judicial bodies, is conducted under the agreements concluded by Rospatent.

In 2012 Rospatent executed a total of 5714 requests and inquiries of federal executive authorities, as well as of public prosecution and judicial bodies. The respective data are compiled in Table 1.9.1.

Table 1.9.1

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

Name of the body

Number of requests and inquiries

Subject matter of requests and inquiries

2010

2011

2012

Government of the Russian Federation

29

52

57

Provision of data concerning objects of intellectual property, of information and documents concerning the disposal of rights in objects of intellectual property

Ministry of Education and Science of the Russian Federation

31

25

1

Ministry of Foreign Affairs of the Russian Federation

1

Ministry of Justice of the Russian Federation

8

21

5

Ministry of Finance of the Russian Federation

1

Ministry of Culture of the Russian Federation

4

1

1

Ministry of Defense of the Russian Federation

3

4

6

Ministry of Industry and Trade of the Russian Federation

1

2

1

Ministry of Economic Development of the Russian Federation

5

17

67

Ministry for Communications

5

Chamber of Commerce and Industry of the Russian Federation

5

4

6

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

4

10

37

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

5

Federal Service for Control on the Alcohol Market

1

Ministry of Internal Affairs of the Russian Federation

482

300

310

Provision of data concerning objects of intellectual property, of information and documents concerning the disposal of rights in objects of intellectual property:

  • provision of information on the results of analysis of similarity between unregistered signs used to mark the goods, and trademarks; on the uniformity of the list of types of goods; on the use in any object of any features of the protected invention, utility model or industrial design;
  • provision of information on the registration of objects of industrial property, on the scope of protection, on the number and the date of granting of the title of protection, on the duration thereof, on the legal owners, representatives, as well as on registration of contracts of disposal of exclusive rights in the objects of industrial property.

Federal Security Service

4

3

Federal Antimonopoly Service of the Russian Federation

140

137

170

Federal Customs Service of the Russian Federation

258

297

302

Federal Taxation Service of the Russian Federation

189

135

114

Federal Service of Court Enforcement Officers of the Russian Federation

3459

3810

4519

Provision of information concerning the registered objects of intellectual property.

Provision of information concerning the enforcement measures applied in respect of the objects of intellectual property.

Seizure of objects of intellectual property

Lifting the seizure from objects of intellectual property.

Provision of data and documents concerning the disposal of rights in objects of intellectual property.

Office of the General Prosecutor

45

37

52

Provision of information on objects of intellectual property, of information and documents concerning the disposal of rights in objects of intellectual property.

Courts

55

39

59

2012 shows a trend of reduction of the number of inquiries from the Ministry of Internal Affairs of the Russian Federation and from the Federal Taxation Service of the Russian Federation, which shows the effective use of information resources, the access to which is given to the said federal authorities and their regional offices under the Agreements of Interaction concluded with Rospatent.

On the other hand, 2012 shows a trend of the increasing number of requests and inquiries from the Federal Antimonopoly Service of the Russian Federation, from the Office of the General Prosecutor, from the Federal Service for Supervision in the sphere of protection of the rights of consumers and from the Ministry of Economic Development of the Russian Federation.

Particularly worth mentioning is the trend of the increasing number of requests from the Federal Service of Court Enforcement Officers of the Russian Federation. The number of requests from the said Federal Service in 2012 is 4519 which is roughly 1,2 times the number of requests received in 2011 (3810) and 1,3 times the number of requests received in 2010 (3459).

The representation of Rospatent and FIPS in the judicial bodies was implemented by members of the court representation division. The said division continued to participate in the settling of disputes in commercial courts and general jurisdiction courts, as well as to exercise supervision over the orderly execution of judicial acts and enforcement measures imposed onto various objects of intellectual property.

The court representation division systematically carries out work to analyze and generalize the judicial practices, to examine the analytical materials related to the issues of legal enforcement in the field of protection of results of intellectual activity and means of individualization.

The data on the number of cases involving Rospatent that were considered by the courts of Moscow in 2012 sorted by objects of intellectual property, are presented in Table 1.9.2.

Table 1.9.2

Judicial cases involving Rospatent and FGBU FIPS considered by courts located in Moscow

 

Types of IP objects

Challenging the decisions (actions) of Rospatent

Challenging contracts, authorship and the status of right holder, infringement of exclusive right

Total number of judicial acts finalizing the consideration of cases in substance

Commercial courts

Courts of general jurisdiction

Commercial courts

Courts of general jurisdiction

Satisfied

Rejected

Satisfied

Rejected

Satisfied

Rejected

Rejected

Satisfied

Trademarks

38

504

2

19

1

564

Industrial designs

3

8

9

1

21

Inventions

1

59

2

14

7

83

Utility models

24

2

4

30

Databases

1

1

Appelations of origin

4

4

Computer programs

1

1

Total

704

In 2012 members of the court representation department participated in nearly 2000 court proceedings. Within the said period the courts of various levels issued over 900 judicial acts finalizing the consideration of cases in substance.

Additionally, according to data presented in Table 1.9.2, most cases are considered in commercial courts and are related to challenging the decisions (actions) of Rospatent concerning the certificates for trademarks — a total of 542 applications, while only 134 cases pertaining to patents for inventions, utility models and industrial designs were considered.

The decisions to satisfy the claims of applicants to nullify the decisions of Rospatent were executed by Rospatent in an orderly fashion according to law.

It should be noted that Table 1.9.2 does not include cases involving Rospatent considered by courts (both commercial courts and courts of general jurisdiction) outside of Moscow. However, the vast majority of cases considered by regional courts are not related to challenging the decisions (actions) of Rospatent, but instead are related to infringements of exclusive rights, to the determination of authorship (or the status of patent holder) of patents for inventions, utility models and industrial designs, as well as to the nullification (termination) of contracts made in respect of objects of industrial property.

It is necessary to note the laws adopted in December 2011, including the Federal Constitutional Law of December 6, 2011 № 4-FKZ “On the changes made to the Federal Constitutional Law ”On the judicial system of the Russian Federation” and to the Federal Constitutional Law of April 28, 1995 № 1-FKZ “On the commercial courts of the Russian Federation” related to the establishment within the system of commercial courts of the Court on Intellectual Rights” (with amendments and additions), as well as the Federal Law of December 8, 2011 № 422-FZ “On the changes made to certain legal acts of the Russian Federation related to the establishment within the system of commercial courts of the Court on Intellectual Rights”.

In accordance with these legal acts the Court on Intellectual Rights is being established in the Russian Federation, which shall be formed not later than February 1, 2013. The competence of the Court on Intellectual Rights covers, in particular, disputes on pre-term cessation of protection of trademarks through lack of their use, which were previously settled in the Chamber for Patent Disputes established within the system of Rospatent.

As stipulated in the said laws, before the start of operation of the Court on Intellectual Rights, the relevant cases shall be settled in the Commercial Court of Moscow.

In implementation of this provision, in 2012 the Commercial Court of Moscow considered 251 cases of pre-term cessation of protection of a trademark through lack of its use (see Table 1.9.3). In an orderly fashion Rospatent gets involved in these cases as a third party without individual claims. However, there have been instances of parties to such cases attempting (to no avail) to involve Rospatent into the case as a defendant. The court representation division steadily carries out the work essential for the forming of uniform legal enforcement practices, including the work related to pre-term cessation of legal protection of trademarks due to lack of their use under the modified rules for consideration of such cases.

Table 1.9.3

Cases for pre-term cessation of protection of a trademark through lack of its use
considered in the Commercial Court of Moscow

Pre-term cessation of protection of a trademark through lack of its use

Total

Commercial courts

Satisfied

Rejected

74

177

251

Additionally, in 2012 the court representation division prepared an analysis report on the results of investigation of judicial practices on the issues related to the legal protection of objects of intellectual property, in accordance with paragraph 1.4 of the Annual Plan of Activities of the Federal Service for Intellectual Property 2012.

1.10. Cooperation and interaction of Rospatent with the regions of the Russian Federation in 2012

In 2012 Rospatent and FIPS continued the work to implement the regional intellectual property policy.

In the course of cooperation with the regions of the Russian Federation Rospatent concluded cooperation agreements with the governments of Moscow, the Belgorod Region and the Republic of Sakha (Yakutia). Also, an Additional Agreement on cooperation was concluded between Rospatent and the Government of the Belgorod Region on the rendering of state services related to receiving applications for the registration of objects of intellectual property, on the basis of the multifunctional centres for the rendering of state and municipal services (MFCs).

In the course of implementing the provisions of the Memorandum of Understanding on the establishment of Technology and Innovation Support Centres (TISCs) in the Russian Federation between Rospatent and WIPO and in accordance with an order of the Government of the Russian Federation agreements on the establishment of TISCs were concluded with 76 undertakings (see Table 1.10.1) from 54 regions and 8 federal districts of Russia (full list of undertakings providing services related to TISCs activities is available on the official FIPS web-site (www.fips.ru)).

Table 1.10.1

Technology and Innovation Support Centers of Federal Districts

33645.png

The establishment of a TISC network in the Russian Federation will allow for developers to gain access to specialized databases and other resources in the field of intellectual property in order to raise their interest in the creation and efficient use of objects of intellectual property, for the possibility to receive training in the fields of patent investigations and the use of patent information in the course of commercializing the results of development, as well as for the provision of free education using the educational modules of WIPO.

The establishment and the development of TISCs will also allow to generally reinforcing the national technological base, to boost the promotion and the popularization of innovative activities in the society and will also contribute to the transfer of technology.

Additionally, FIPS concluded cooperation agreements of the new type which include the provisions on the establishment and functioning of TISCs with the Samara regional universal scientific library, the Altai territorial universal scientific library named after V.J. Shishkov, the Kurgan Regional universal scientific library named after A.K. Yugov. In 2012 a treaty was concluded on the cooperation between FIPS, the Belgorod regional universal scientific library and the state autonomous undertaking of the Belgorod Region “Multifunctional center for the rendering of state and municipal services” in the field of receiving of applications for the results of intellectual activity and means of individualization.

As of the end of 2012 Rospatent has concluded cooperation agreements with 28 administrations (governments) of the regions of the Russian Federation, while FIPS cooperates under the treaties concluded with 42 regional institutions from 35 regions of Russia (see Table 1.10.2).

Table 1.10.2

Cooperation of Rospatent with the Regions of the Russian Federation

Federal district

Regions with administrations having concluded cooperation agreements with Rospatent

Regional focal offices having concluded cooperation treaties with FIPS

Central

Moscow

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 and production complex

Belgorod Region

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. Petersburg

Institute of international business and law 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 council of the Russian Society of Inventors and Rationalizers

Kuban state technology university (Krasnodar Territory)

North Caucasian

Stavropol Territory

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

Volga

Republic of Tatarstan

Tatarstan Science and Technology Center

Republic of Bashkortostan

Bashtechinform

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 patent sciences

Saratov state university named after N.G. Chernishevsky

Izhevsk state technology university (Republic of Udmurtia)

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

Tyumen regional council of the Russian Society of Inventors and Rationalizers (Tyumen Region)

Kurgan Region

Kurgan Regional universal scientific library named after A.K. Yugov

South-Ural chamber of commerce and industry (Chelyabinsk Region)

Siberian

Science and Technology Library

Omsk state technology university

Tuvan State University (Republic of Tuva)

Krasnoyarsk CSM

Irkutsk state railway university

Tomsk Region

National research Tomsk Polytechnic university

Altai Territory

Altai territorial universal scientific library named after V.J. Shishkov

Far Eastern

Khabarovsk Territory

Far East agency of assistance to innovations

Magadan Region

Republic of Sakha (Yakutia)

Total:

28

42

Area of cooperation of Rospatent and FIPS

33837.png

In 2012 FIPS provided free access to its full-text databases of descriptions of national inventions, utility models and industrial designs (hereinafter — DB) to 73 undertakings of the regions of Russia providing services related to the activities of TISCs.

In the course of implementation of the Regional Information Support Program a total of 260 institutions from 8 federal districts of the Russian Federation were given free access to the DB via the FIPS web-site. The access was given to: 49 regional institutions (RI), 8 science towns, 39 state scientific centers (SSCs), 35 scientific centers of the Russian Academy of Sciences (SC RAN), 40 institutions in the course of implementation of the Federal Target Program “Development of the nano — industry infrastructure in the Russian Federation in 2008–2010”, 73 TISCs and 16 other institutions.

Table 1.10.3 shows the allocation of institutions given free access to the DB, sorted by the relevant categories and by federal districts.

Table 1.10.3

Allocation of Institutions Having Free Access to FIPS Full Text Databases
on National Inventions and Utility Models

 

Federal district

Regional institutions

Science towns

State science centers

Science centers of the Russian Academy of Science

Federal target program

TISCs

Other

A total of Institutions

Central

10

7

28

11

14

21

5

96

Northwestern

3

10

4

3

7

2

29

Southern

8

3

5

2

18

North Caucasian

3

3

6

Volga

15

1

6

8

18

4

52

Ural

7

3

2

3

15

Siberian

4

1

6

5

11

1

28

Far Eastern

2

5

2

5

2

16

Total:

49

8

39

35

40

73

16

260

In 2012 Rospatent organized and conducted 30 conferences, seminars and round tables in 15 regions of the Russian Federation:

  • March 5–6 — the V Russian Congress “Economic and legal regulation of innovative activities 2012” (Moscow, the Academy of Social and Economic Development);
  • March 16 — session of the scientific section on intellectual property and innovation studies of the House of Scientists of RAN (St.-Petersburg, Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • March 20–21 — regional scientific and practical conference for specialists of the Central Federal District of the Russian Federation “Protection of intellectual property under Part Four of the Civil Code of the Russian Federation and the Administrative Regulations” (Orel, State University — educational, scientific and production complex);
  • March 22 — scientific and practical conference of Rospatent and WIPO within the framework of the anniversary XV Moscow International Salon of Inventions and Innovative Technologies “Archimedes — 2012” “Legal protection of objects of patent rights and means of individualization as an effective tool of innovative activity” (Moscow, EcoCenter “Socolniki”);
  • April 17–18 — section meetings “Intellectual property in innovation economy: patents and production secrets (know-how)” and “Hot topics of protection and enforcement of trademarks and other means of individualization” within the framework of the V International Forum “Intellectual Property — XXI Century” (Moscow);
  • April 19 — international conference “Formation and development of the intellectual potential of the Russian Federation” (St.-Petersburg, Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • April 19 — seminar “Intellectual property in the innovative economy of the Republic” (Cheboksary, Chuvash Republican public organization of the Russian Society of Inventors and Rationalizers);
  • April 25–26 — seminar “Electronic filing of applications for inventions. Creation of a personal electronic dashboard” (Tver, Tver regional universal scientific library named after A.M. Gorky);
  • April 25–26 — a joint seminar of WIPO and the Chamber of Commerce and Industry of the Russian Federation “Strategic use of trademarks in business development and the Madrid system for the international registration of signs” (Chelyabinsk, South Ural Chamber of Commerce and Industry);
  • April 26 — regional scientific and practical conference “Issues of legal protection and the effective use of objects of intellectual property in innovative activities” (Ryazan, Ryazan Science and Technology Center — regional branch of FGBU “REA” of the Ministry of Energy of the Russian Federation);
  • April 26–27 — seminar “Hot topics and practices of legal protection of results of intellectual activity” (Tyumen, Tyumen Regional Council of the Russian Society of Inventors and Rationalizers);
  • April 27 — Siberian Forum on Intellectual Property (Novosibirsk, ZAO “INKO”);
  • May 16–18 — The VI International Forum “From Science to Business — Commercialization of high technology: regional experience, the role of educational institutions” (St.-Petersburg, Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • May 21–24 — The XIV International scientific and technical conference “Chemical High Technologies — 2012” (Tula, TGPU named after L.N. Tolstoy);
  • May 24–25 — joint educational seminar of WIPO and Rospatent, FIPS and the Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics “Establishment of the Technology and Innovation Support Center network in the Russian Federation and its role in the innovative development of modern society” (St.-Petersburg, Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • May 28–29 — scientific and practical conference “Issues of legal protection and effective use of objects of intellectual property in the innovative activities of enterprises” (Kaluga, Kaluga Science and Technology Center — regional branch of FGBU “REA” of the Ministry of Energy of Russia);
  • May 29–30 — regional scientific and practical conference for specialists of the Volga Federal District of the Russian Federation “Protection of intellectual property under Part Four of the Civil Code of the Russian Federation and the Administrative Regulations” (Khazan, GUP RT “Tatarstan Science and Technology Center”);
  • June 7 — The X regional scientific and practical conference “Hot topics of protection of intellectual property” within the framework of the V Russian Innovation Forum “Russian capital for Russian innovations” and the XII Russian conference of representatives of small and medium enterprises “Small and medium business: potential of development under the membership of Russian in the WTO” (Nizhniy Novgorod);
  • June 13–14 — a joint international seminar of WIPO and the Chamber of Commerce and Industry of Russia “Hot topics of legal protection and enforcement of copyright and related rights. Possibilities of the Madrid system for the international registration of signs for the development of business” (Nizhniy Novgorod, Chamber of Commerce and Industry of the Nizhegorod District);
  • June 20–21 — a joint scientific and practical conference of Rospatent, FIPS, USPTO and GOU VPO “Irkutsk State Railroad University” “Legal protection of intellectual property in Russia and in the USA” (Irkutsk, Irkutsk State Railroad University);
  • 22–23 — a joint practical seminar of WIPO and Rospatent, FIPS, Chuvash Republican Public Organization of the Russian Society of Inventors and Rationalizers and the National Library of the Chuvash Republic “Establishment of the Technology and Innovation Support Centers network in the Russian Federation” (Cheboksary);
  • June 27–29 — scientific and practical conference “Petersburg Collective Readings — 2012” (St.-Petersburg, Regional Public Organization “Chamber of patent attorneys of Saint-Petersburg”);
  • September 25 — the 1st assembly of TISCs of Russia organized by Rospatent, FIPS and the Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics within the framework of the V Petersburg International Innovation Forum (St.-Petersburg, Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • September 25–26 — international scientific and practical conference organized by Rospatent, FIPS, USPTO and the Ural Federal University named after the first President of Russia B.N. Eltsin “Protection of intellectual property under the risks of modern economy” (Yekaterinburg, Ural Federal University);
  • October 1–2 — international seminar organized by Rospatent, USPTO and the Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics “Transfer of technology and administration of intellectual property in higher education institutions” (St.-Petersburg, Institute of international business and law of Saint-Petersburg State University of Information Technologies, Mechanics and Optics);
  • October 10–11 — the XVI scientific and practical conference of Rospatent “Improvement of legislation and legal practices in the field of legal protection, enforcement and utilization of results of intellectual activity” (Moscow, Rospatent);
  • October 31 – November 2 — Moscow International Forum of innovative development “Open Innovations” (Moscow);
  • November 15–16 — scientific and practical seminar “Perspectives of legal protection of information and communication technologies under the changes made to Russian law after joining the WTO” (St.-Petersburg, AIS “Egida”);
  • November 22–23 — joint regional seminar of Rospatent and WIPO “Development of national strategies in the field of intellectual property” (Moscow, Rospatent);
  • December 12 — seminar “Examination of applications and granting of patents for inventions in the fields of biotechnology, chemistry, engineering and metallurgy” (Tver, Tver regional universal scientific library named after A.M. Gorky).

In 2012 in the course of implementation of the cooperation program between Rospatent and the regions the Patent Library Section of FIPS provided 3 training courses for representatives of the autonomous non-commercial organization “Center for Intellectual Property” (city of Saransk), the North-Eastern Federal University named after M.K. Ammosov and for an individual on the following topics: determination of classification indices on various kinds of media; comparison of search capabilities of the “PatSearch” DB, the ISS “Mimosa”, the ISS at the FIPS web-site, the EPO DB “Global Patent Index” and the EAPO DB “EAPATIS”; conduction of search on a specific subject.

1.11. Consideration of Requests of Citizens and Legal Entities by Rospatent and its Subordinate Organizations

The consideration of requests of citizens by Rospatent was carried out under the Federal law of May 2, 2006 № 59-FZ «On the procedure of consideration of requests of citizens of the Russian Federation» (as amended and supplemented) regarding complaints against procedures of rendering state services — in compliance with provisions of Article 11.2 of the Federal Law № 210-FZ.

In 2012 Rospatent and FIPS considered 1359 requests, 1082 of them received from citizens and 277 from legal entities, including 335 requests received by e–mail. Requests of citizens usually prevail and account for about 80%. 35 citizens were heard via personal reception at Rospatent.

As compared to 2011, the total number of requests has decreased by a small margin (0.8%).

The central administrative body of Rospatent received 949 requests (including 424 requests addressed directly to Rospatent, while the rest were received from state and executive authorities and the Civic Chamber of the Russian Federation) and 410 requests were received by FIPS. Rospatent considered 115 requests, while 834 requests were forwarded for consideration to the division for monitoring the quality of rendering state services of FIPS.

Table 1.11.1 presents the data on the distribution of the received requests by the addresses and the geography of submitted requests.

Table 1.11.1

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

Requests as addressed to:

Number of Requests

To Rospatens

424

To Other State Bodies

521

To the Civic Chamber of the Russian Federation

4

To Subordinate Bodies of Rospatent

410

Requests as received from:

Number of Requests

From the Russian Federation

1297

From other CIS Countries

51

From other foreign Countries

11

The highest number of requests comes from Central, Volga, North-West and South districts. Requests from these districts amount to a sum of about 83% of the total number of requests from the Russian Federation.

Table 1.11.2 shows the distribution of requests of citizens of the Russian Federation by the Federal Districts.

Table 1.11.2

The requests received by Rospatent and its subordinate bodies sorted
by the Federal Districts

Federal district

Number of Requests Received from Federal District

Central

660

Volga

184

North-Western

115

Southern

116

Siberian

77

Ural

86

Far Eastern

22

North Caucasian

37

Table 1.11.3 contains data on the distribution of requests received by Rospatent and its subordinate organizations in 2008-2012 sorted by the subject matter of requests.

Table 1.11.3

Data on the distribution of requests received by Rospatent and its subordinate
organizations in 2008-2012 by groups of requests

Group of requests as sorted by the subject matter

Number of Requests

2008

2009

2010

2011

2012

Patent Examination (terms, procedure, examination results, workflow)

855

808

779

564

539

Assistance to Inventors

346

377

341

295

292

Protection documents (registration, prolongation and restoration of duration, amendments etc.)

185

196

131

116

98

Legal Issues

270

300

276

151

163

Payment of Patent Fees

80

150

77

78

97

Patent Information Services

223

237

180

57

43

Contracts (registration, disputes between the parties)

78

63

81

38

36

Publication (terms, errors)

29

25

22

15

17

Registration of Discoveries

31

35

16

13

24

Training, improvement of professional skills, interaction with patent attorneys, matters of international cooperation

37

68

40

6

7

Matter related to personnel and the work of patent attorneys

9

9

11

5

11

Other subject matter (usually unrelated to the competence of Rospatent and its subordinate organizations)

37

52

26

32

32

Total:

2180

2320

1980

1370

1359

The most numerous (more than 87% of the overall number of requests) are the following 5 groups of requests related to:

  • examination of applications for objects of intellectual property (workflow, reduction of terms, results of examination etc.);
  • assistance to the inventors (assistance in drafting, consideration of applications and in the implementation of inventions, in the registration of proposals for rationalization, in payment of remuneration for their use, in foreign patenting, financial support for inventors in patenting and implementation of innovations, proposals for the improvement of innovative activities, etc.);
  • legal issues (interpretation of the provisions of the Civil Code of the Russian Federation and the Administrative regulations, proposals for amendments thereof, enforcement of intellectual property rights, issues related to inheritance, including issues related to litigation, etc.);
  • protection documents (issues related to the duration of patents, including prolongation, cessation, terms of registration and granting, requests for assistance in the restoration of patents, in making amendments, in making duplicates, issues of validity of granting protection documents, etc.);
  • payment of fees (procedure and terms of payment, benefits and grace period, accounting of fees for the registration and maintenance of patents, including fees paid in violation of terms, return and re-offset of fees, etc.).

As compared to 2011 while there has been a slight reduction of the total number of requests, the number of requests related to legal issues and payment has increased. It is caused by entry into force of the legal acts regulating the payment of fees after Russia's accession to the WTO.

From the total amount of the requests considered 73% are applications, 21.5% are complaints (all relate to the procedure of rendering state services) and the remaining 5.5% are proposals.

Most of the requests (58.7%) dealt with the activities of Rospatent related to the procedure of rendering state services.

Within the established period a response with detailed explanations on all contained matters was sent to every applicant for every request.

As a result of consideration of complaints the complaints that were deemed reasonable entailed the relevant measures, which were carried out in order to satisfy the claims and to rectify the discovered violations as well as to prevent the reasons that resulted in them.

In the accounting period the share of reasonable complaints concerning the violation of the procedure of rendering state services per one thousand applications for all intellectual property objects (more than 138 thousand applications were filed) was 0.29. As compared to 2011 this metric has decreased. For patent applications (more than 64 thousand applications were filed) the share of reasonable complaints per one thousand applications was 0.16, which is twice as low as in 2011, whereas for applications for the state registration of means of individualization (more than 60 thousand applications were filed) this metric remained roughly at the same level at 0.49.

Requests of citizens concerning consultations

Free consultations on general issues that do not require a comprehensive analysis of the laws and regulations in the field of intellectual property, as well as consultations on trivial matters are provided by the Consulting and Assistance Service (CAS) of Rospatent and FIPS.

Consultations are provided orally in case of direct resort to CAS, including consultations by phone, as well as by e-mail. In 2012 CAS provided consultations and information for a total of 124 516 questions:

  • 64 237 questions were received by the information division of CAS by phone;
  • 3078 questions in 1102 applications were received by Rospatent and FIPS by e-mail;
  • 57 201 questions in 17 699 applications were received by the division of CAS providing oral consultations.

In general as compared to 2011 in 2012 the total number of questions received by all divisions of CAS has increased by 12,338, including 2691 questions the answers to which were provided in relation with 957 applications received by e-mail (the division providing consultations by e-mail only started functioning in September 2011, during which period 387 questions related to 145 applications were considered). During 2012 there was a constant increase in the number of applications and questions contained in them that were received by Rospatent and FIPS by e-mail.

In particular, the number of addresses related to filing of applications for intellectual property objects increased significantly, including filing applications in electronic form, which is due to the possibility of electronic filing of applications via the Uniform Portal for rendering state and municipal services and the official website of FIPS. The number of questions related to payment of fees is also increased, it is caused by changes in the bank requisites for payment of fees as of the beginning of 2012 and by entry into force of the Decree № 781 changing the amount of patent fees as of August 22, 2013.



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