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Annual report of Rospatent 2013 (Section 1)

 

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2013 Annual Report
of Rospatent

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Dear Ladies and Gentleman!

You are holding the Annual Report covering the activities of the Federal Service for Intellectual Property in the year 2013.

Last year was marked with the continued tendency of growth of the number of applications for all industrial property objects, growth of the number of examinations carried out and the number of patents and certificates granted.

The continued positive dynamics of the growth of these figures confirmed the right choice of our course aimed at constant improvement of labor management in the Office, improvement of labor productivity and the need for constant implementation of new information technologies into the activities of the Office.

For instance, in order to reduce the time spent for correspondence with the applicants and improve the availability of the rendered services in electronic form, we have launched the “My Account” service allowing the applicants to use the modern information exchange means.

In addition, in order to timely and accurately provide the society with information related to the legal protection of industrial property objects, Rospatent has decided that starting with the year 2014 the first publication of this information on the FIPS website in the section “Official Publications” will be considered as an official publication. Necessary preparatory work has been carried out to that aim.

I would also note that in the beginning of October 2013 the Director General of the World Intellectual Property Organization (WIPO) F. Gurry visited Moscow as a guest of the Government of the Russian Federation. The key event of the visit was the meeting of F. Gurry with the Prime-Minister of the Russian Federation Dmitry Medvedev, during which special attention was paid to the establishment of the WIPO Office in the Russian Federation.

Dear colleagues! More detailed information related to the activities of the Federal Service for Intellectual Property can be found on the pages of the Report. I hope that you will find this information interesting and useful.

Sincerely yours and with best wishes,
Director General of the
Federal Service for Intellectual Property
Boris Simonov

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1.1 Ensuring Quality and Accessibility of State Services

In accordance with Article 2 of the Federal Law of July 27, 2010 № 210-FZ “On the provision of state and municipal services”, a state service rendered by a federal executive authority (hereinafter – a state service) is an activity related to the implementation of functions of a federal executive authority, performed at the request of applicants within the scope of competence set forth by legal acts of the Russian Federation for authorities rendering state services. In accordance with Article 4 of the Federal Law of July 27, 2010 № 210-FZ “On the provision of state and municipal services”, the general principles that underlie the rendering of state services include: legitimacy of the rendering of state services, request-based procedure of applying for them, legitimacy of charging the applicants with the established fees, transparency of activities of the authorities rendering state services, accessibility of application for state services, the option to receive state services in electronic form, unless restricted by the law, as well as in other forms as provided for in the legislation of the Russian Federation, at the applicant’s choice. Ensuring the observance of these principles was among the main tasks of Rospatent in 2013.

The activities of Rospatent in 2013 were aimed at further implementation of the Concept Paper for Reducing the Administrative Barriers and Increasing the Accessibility of State and Municipal Services for 2011-2013, as approved by the Decree of the Government of the Russian Federation of June 10, 2011 № 1021-р, which included monitoring the quality and the accessibility of state services, the introduction of up-to-date information and communication technologies for the rendering of state services in electronic form.

In 2013, following the Minutes of the Governmental Commission for the Implementation of the Administrative Reform of April 12, 2011 № 117, Rospatent with the aid of the state service quality monitoring Division of FIPS conducted:

  • quality monitoring of the state service for the receipt of patent applications for utility models, for its registration and examination;
  • quality monitoring of the state service for the registration of contracts on the disposal of exclusive rights on intellectual property objects;
  • quality control of the information searches by applications for inventions and of other work performed by the examiners of examination divisions.

The results of the monitoring and the quality control have shown that the actual values of the metrics characterizing the quality and the accessibility of the state services and of the work performed correspond to those set forth in the state assignment.

The joint efforts of Rospatent, FIPS and the federal executive authorities that act as data providers for Rospatent also allowed to conduct the monitoring of operation of the inter-office electronic communication system. This allowed to enhance the operation of the inter-office communication system as regards the rendering of state services. In order to ensure monthly publication in the “Data Registry” information system of the data on the results of the rendering of state services with the use of the interoffice communication procedure, the order of preparation of reports on the results of rendering of state services was devised.

In 2013, the forms of outgoing correspondence related to applications for inventions, utility models and industrial designs, including the form of a decision to recognize an application as withdrawn, were brought into compliance with the requirements of the amended Federal Law of July 27, 2010 № 210-FZ “On the provision of state and municipal services”. The internal technical documents regarding the receipt and registration of applications for inventions, utility models and industrial designs (including the Eurasian applications converted into applications for patents of the Russian Federation), as well as the documents regarding the processing of documents when examining divisional applications for trademarks, were brought into compliance with international legal acts. Changes have been made to a few internal documents, specifically regarding the prosecution on applications for inventions when sending a notification of the results of patentability of the claimed invention and the preparation of notifications of the changes made to the published data related to applications for inventions. These changes will help to reduce time and effort needed to perform the work.

In 2013, the work was continued on informing the Russian users about the option to fast-track granting of a patent for invention in foreign countries via the Patent Prosecution Highway Program (PPH). The technology of conducting the prosecution related to applications for patents of the Russian Federation for inventions within the framework of the PPH Program was improved, which includes the option to subsequently apply the PPH procedures to other fast-track prosecution programs: PCT-PPH, PPH-MOTTAINAI and PPH 2.0.

In accordance with the Federal Law of July 27, 2010 № 210-FZ “On the provision of state and municipal services”, in rendering state services in electronic form, the federal executive authorities use the information and communication technology infrastructure, including the Uniform Portal for state and municipal services (functions) of the federal state information system (www.gosuslugi.ru, hereinafter referred to as the Uniform Portal). The statute on the Uniform Portal was approved by the Decree of Government of the Russian Federation of October 24, 2011 № 861 (as amended). During 2013, Rospatent, with the purposes of raising public awareness of the rendered state services, conducted the work to actualize the information related to these services at the Uniform Portal. Aiming to organize the work of receiving applications for inventions, utility models, industrial designs, trademarks and service marks, appellations of origin in electronic form via the Uniform Portal, the order of interaction of FIPS divisions in the course of receiving application documents was devised by FIPS.

The demand retains among applicants for traditional forms of communication. In this regard, the order of delivery of outgoing correspondence to an applicant as the addressee was also devised.

In 2013 a wide array of work, related to organizational maintenance and enhancement of information technologies involved in the procedures within the framework of rendering of state services, was done.

Specifically, the Forms of outgoing correspondence were revised for use in the automated paperless workflow system for registration of contracts which is being developed, the order of editorial checking of the data contained in the decisions to register trademarks and appellations of origin within the automated system “TM-ADMIN” was devised, changes were made to the documents regarding the consideration of incoming correspondence related to patent applications for inventions for the implementation of automated calculation of patent fees for providing examination of applications for inventions as to substance, procedures were devised for the entry of incoming numbers of applications for inventions, utility models, industrial designs within the framework of creating and introducing electronic images of paper documents by the Data Processing Center of FIPS.

In order to reduce the time limits of correspondence related to applications, as well as to raise the accessibility of state services for the applicants in electronic form, technological and organizational measures were developed aimed at introducing the service “Personal Account” at the FIPS website, which allows to use electronic signature in correspondence.

In order to expand access for concerned persons to the data related to the decisions of Rospatent taken as a result of administrative consideration of objections and claims by the Boards of the Chamber of Patent Disputes and the expert commissions, Rospatent made a decision to publish such data at the official websites of Rospatent (www.rupto.ru) and FIPS (www.fips.ru). The respective organizational work was conducted.

Additionally, for the purposes of timely and exhaustive informing of the public as to the legal protection of inventions, utility models, industrial designs, trademarks, service marks, appellations of origin, computer programs, databases and topographies of integrated circuits, Rospatent made a decision that the first publication of these data in the “Official Publications” section of the FIPS website shall be considered as an official publication of these data, and the respective organizational work was conducted to implement this decision since 2014.

1.2. Rendering the state service for receipt and consideration of applications for inventions, examination and granting in due course patents for inventions of the Russian Federation

As in the preceding reported period, in 2013 the amount of work performed by the examination divisions was higher than it was planned.

The primary cause for that is the continuation of work under the Agreement between Rospatent and the United States Patent and Trademark Office (USPTO) Concerning Action of Rospatent as an International Searching Authority and an International Preliminary Examining Authority under the Patent Cooperation Treaty (PCT) for the International Applications Received by the USPTO.

In 2013, the tendency of growth in the number of patent applications filed for inventions and utility models retained, the number going up 1.59% for inventions and 2.05% for utility models.

The number of patents issued for utility models went up 8.4% as compared to the previous year, to a total of 12653 patents.

2980 international searches under PCT applications were conducted in 2013, followed by a written opinion as of the patentability of the invention, which is 1.5 times higher than the number of searches conducted in 2012 (the statistical data is presented in Table 1.2.1 of this Report). As in the previous year, the highest number of international applications received to conduct the search were related to the fast-growing fields of science and technology, such as chemistry, biotechnology and computer hardware.

Apart from fulfilling the state assignment as regards examination of national and international patent applications, in 2013 the examination divisions additionally conducted information searches for the Patent Offices of Turkey, CIS countries and the Eurasian Patent Office.

In the conditions where the amount and the complexity of work is increasing, special attention was paid to developing a more efficient remuneration system. Within the examination divisions an experiment was initiated for hiring of part-time examiners.

The work was continued to introduce teleworking (work from home) within the examination divisions, with access provided to the automated systems of the FIPS.

In 2013, measures were taken within the sectorial examination divisions for the enhancement of legal practices, aimed at eliminating errors and omissions detected as a result of quality monitoring of the rendering of state services. Special attention in 2013 was paid to the examination practices for utility models, specifically regarding the possibility to consider the object claimed as a utility model as a device.

Special attention in considering applications was paid to reducing the pendency of administrative procedures. The average patent application pendency for an invention amounted to 10.02 months, patent application pendency for a utility model – under 2 months.

The general results of the rendering of the state services to register inventions and utility models and to issue patents for them in 2013 are presented in Tables 1.2.1-1.2.6 and the statistical tables provided in Annex 3.

Table 1.2.1

INVENTIONS: Application Filings for Patents of the Russian Federation

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Filed with Rospatent, Total

Including:

38564

42500

41414

44211

44914

101,59

by Russian Applicants

25598

28722

26495

28701

28765

100,22

by Foreign Applicants

12966

13778

14919

15510

16149

104,12

Considered at the Stage of Examination, Total:*

40966

41031

42860

42054

43152

102,61

International Search**

881

975

1079

1905

2980

156,43

Decisions Made:

Decisions on Granting, Including:

32144

30998

32250

32428

31814

98,11

to Russian Applicants

23502

21307

22339

21752

21139

97,18

to Foreign Applicants

8642

9691

9911

10676

10675

99,99

Decisions on Refusal, Including:

959

963

844

873

1426

163,34

to Russian Applicants

816

809

728

693

1163

167,82

to Foreign Applicants

143

154

116

180

263

146,11

Decisions on Withdrawal, Including:

6982

8095

8687

6848

6932

101,23

to Russian Applicants

4060

4161

5161

3975

4081

102,67

to Foreign Applicants

2922

3934

3526

2873

2851

99,23

* Quantity indicators for 2008–2011 are refined due to the introduction of a new indicator “International Search” in 2012.

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

Table 1.2.2

INVENTIONS: Patents of the Russian Federation Issued

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Patents Issued, Total

Including:

34824

30322

29999

32880

31638

96,22

to Russian Applicants

26294

21627

20339

22481

21378

95,09

to Foreign Applicants

8530

8695

9660

10399

10260

98,66

Table 1.2.3

INVENTIONS: Patents of the Russian Federation Valid as of December 31, 2013

Valid as of December 31, 2012

181515

Patents for Inventions Issued in 2013

31638

Lost Validity in 2013 (upon expiration of the term of validity and/or due to non-payment of the patent fees for maintaining the validity)

18905

Valid as of December 31, 2013

194248

Table 1.2.4

UTILITY MODELS: Application Filings for Patents of the Russian Federation

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Filed with Rospatent, Total

Including:

11153

12262

13241

14069

14358

102,05

by Russian Applicants

10728

11757

12584

13479

13589

100,82

by Foreign Applicants

425

505

657

590

769

130,34

Considered at the Stage of Examination,Total:

11953

11285

12541

13410

13556

101,09

Decisions Made:

Decisions on Granting, Including:

11094

10514

11614

12282

12288

100,05

to Russian Applicants

10710

10059

11090

11766

11770

100,03

to Foreign Applicants

384

455

524

516

518

100,39

Decisions on Refusal, Including:

42

20

0

56

143

255,36

to Russian Applicants

39

20

0

52

140

269,23

to Foreign Applicants

3

0

0

4

3

75,00

Decisions on Withdrawal, Including:

817

751

927

1072

1125

104,94

to Russian Applicants

775

724

887

1033

1081

104,65

to Foreign Applicants

42

27

40

39

44

112,82

Table 1.2.5

UTILIY MODELS: Patents of the Russian Federation Issued

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Patents Issued, Total

Including:

10919

10581

11079

11671

12653

108,41

to Russian Applicants

10500

10187

10571

11152

12154

108,98

to Foreign Applicants

419

394

508

519

499

96,15

Table 1.2.6

UTILITY MODELS: Patents (Certificates) of the Russian Federation Valid
as of December 31, 2013

Valid as of December 31, 2012

50746

Patents for Utility Models Issued in 2013

12653

Lost Validity in 2013 (upon expiration of the term of validity and/or due to non-payment of the patent fees for maintaining the validity)

8979

Valid as of December 31, 2013

54420

1.3 Rendering the state service for receipt and consideration of applications for industrial designs, examination and granting in due course patents of the Russian Federation

The receipt of patent applications for an industrial design in the reporting 2013 in comparison with the previous year has increased by 7.6% and reached 4994 applications. Increase in the number of filed applications was caused largely by applications from foreign applicants, its number reached 3092 applications (62% of total filings).

In 2013 the number of granted patents for industrial design has increased. Thus, in the reporting year 3461 patents were granted that makes 102.37% in comparison with 2012 indices.

Special attention was paid to the observance of time limits of the administrative procedures in the course of examination of the applications for industrial designs. The average duration of the substantive examination of applications for industrial design amounted to 6 months.

Quality monitoring of the of provision of state services prescribed by the Administrative Regulations of execution by the Federal Service for Intellectual Property, Patents and Trademarks of the state function for receiving applications for industrial design and its consideration, examination and grant of patents of the Russian Federation on the industrial design was carried out during the year. By the results of monitoring a number of amendments and alterations to the current Administrative Regulations 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: Application Filings for Patents of the Russian Federation

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Filed with Rospatent, Total

Including:

3740

3997

4197

4640

4994

107,63

by Russian Applicants

1972

1981

1913

1928

1902

98,65

by Foreign Applicants

1768

2016

2284

2712

3092

114,01

Considered at the Stage of Examination, Total:

5460

4557

4101

4025

4014

99,73

Decisions Made:

Decisions on Granting, Including:

4538

3940

3400

3374

3481

103,17

to Russian Applicants

2055

1940

1485

1342

1331

99,18

to Foreign Applicants

2483

2000

1915

2032

2150

105,81

Decisions on Refusal, Including:

120

112

143

140

120

85,71

to Russian Applicants

99

94

103

100

85

85,00

to Foreign Applicants

21

18

40

40

35

87,50

Decisions on Withdrawal, Including:

802

505

558

511

413

80,82

to Russian Applicants

614

392

403

375

282

75,20

to Foreign Applicants

188

113

155

136

131

96,32

Table 1.3.2

INDUSTRIAL DESIGNS: Patents of the Russian Federation Issued

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

Patents Issued, Total

Including:

4766

3566

3489

3381

3461

102,37

to Russian Applicants

2184

1741

1622

1390

1278

91,94

to Foreign Applicants

2582

1825

1867

1991

2183

109,64

Table 1.3.3

INDUSTRIAL DESIGNS: Patents of the Russian Federation Valid as of 31.12.2013

Valid as of December 31, 2012

22630

Patents Issued in 2013

3461

Lost Validity in 2013 (upon expiration of the term of validity and/or due to non-payment of the patent fees for maintaining the validity)

2118

Valid as of December 31, 2013

23973

1.4. Rendering the state service for receipt and registration of applications for trademarks and service marks, examination and issuing in due course certificates of the Russian Federation

Reported year saw an increase of the number of applications filed with Rospatent for state registration of trademarks and service marks (hereinafter trademarks). The number of applications amounted to 64928, which is up 4.85% as compared to 2012 (61923 applications). 55212 applications were considered at the stage of examination. 37813 trademarks obtained the state registration. The general indices are presented in Tables 1.4.1 and 1.4.2.

Table 1.4.1

TRADEMARKS AND SERVICE MARKS: Filings and Consideration of Applications for State Registration of Trademarks of the Russian Federation in 2009-2013

Indices

2009

2010

2011

2012

2013

2013 vs. 2012 (%)

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

50107

56848

59717

61923

64928

104,85

by Russian Applicants

26448

32735

33252

34851

34621

99,34

by Foreign Applicants, Including:

23659

24113

26465

27072

30307

111,95

International Applications under the Madrid Agreement or Protocol

15113

14289

16083

15875

19143

120,59

Considered at the Stage of Examination, Total

Decisions Made:

55852

53408

54993

57528

55212

96,0

Decision on Granting

46440

43920

39553

41830

39218

93,76

Decision on Refusal

9106

8950

9145

10424

9993

95,87

Decision on Withdrawal

306

538

328

791

610

77,12

Notice of Withdrawal and Refusal at the stage of Examination as to Formalities

4635

6828

5967

4483

5391

120,25

Table 1.4.2

TRADEMARKS AND SERVICE MARKS: Trademark Registrations

Indices

2009

2010

2011

2012

2013

Trademarks and Service Marks Registered, Total

Including:

36436

35178

35954

40106

37813

for Russian Applicants

19585

20116

16311

19284

18095

for Foreign Applicants

16851

15062

19643

20822

19718

Including Trademarks Registered under the Madrid Agreement and Protocol

8101

6019

12724

13067

12453

Extention of Terms of Marks, Total

Including:

6690

9554

11915

11746

11364

for Russian Applicants

4243

6119

8525

7852

7359

for Foreign Applicants

2447

3435

3390

3894

4005

Registration Valid as of the End of the Year*

246607

268165

281784

296631

312392

* With no regard for applications filed under the Madrid Agreement

In the reported period work was continued within the framework of the activities of Rospatent related to the examination of applications for state registration of trademarks, aimed to increase its quality and unify the approaches to assessing the compliance of the claimed signs with the requirements set for the means of individualization. A factor which affects the implementation of the work related to increasing the quality of examination is the operation of the information resource as regards the status of prosecution for applications filed with Rospatent, in the “Information Resources” (“Open Registries”) section, which also allows to receive and analyze up-to-date information from the concerned parties of the possible collisions between the claimed signs and registered trademarks.

Matters of legal protection of trademarks were discussed at the conferences, seminars, meetings held in Rospatent and in various regions of the Russian Federation, specifically at the 17th annual Scientific and Practical Conference of Rospatent “Intellectual Property Rights as a Tool for Developing the Economy”, at the XVI Moscow International Industrial Property Salon “Archimedes-2013”, as well as in the cities of Bryansk, Tomsk, Kirov, Kaluga, Rostov-na-Donu.

When dealing with the matters of trademark examination, international practice in this field was taken into account, covered at the events held by WIPO related to the Madrid system and the Nice Agreement Concerning the International Classification of Goods and Services, as well as the examination practices provided in the materials and recommendations adopted by the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications.

In reported year Rospatent took the measures aimed at developing the rendering of trademark-related state services. Currently Rospatent successfully uses electronic communication with the applicants as regards trademark registration. Within the framework of the electronic document exchange between Rospatent and the applicants a service is provided for filing applications electronically using keys of certified verifying centers. Moreover, a new “Personal Account” service was introduced allowing the applicants to send documents and additional materials related to previously filed applications, as well as receive documents provided by FIPS officials while rendering the state services.

1.5. Rendering the state service for receipt and consideration of applications for registration and granting the right to use appellations of origin or applications for granting the right to use registered appellations of origin, examination and issuing in due course certificates of the Russian Federation

39 applications for state registration of appellations of origin (hereinafter referred to as AOs) and for granting the exclusive right in such appellations, as well as applications for granting the exclusive right in registered appellations of origin were filed in 2013 with Rospatent (with 66 applications filed in 2012). The number of certificates issued for exclusive rights in AOs saw a sharp decrease (9 certificates in 2013 against 31 in 2012). The general indices are presented in Table 1.5.

Table 1.5

APPELATIONS OF ORIGIN: Application Filings and Issuance of Certificates
of the Russian Federation

Показатели

Indices

2009

2010

2011

2012

2013

Indices

2009

2010

2011

2012

2013

Applications for Registration and for Granting of Exclusive Rights in AOs, as well as Applications for Granting of Exclusive Rights in Registered AOs, Total

Including:

30

63

58

66

39

from Russian Applicants

27

56

58

61

28

from Foreign Applicants

3

7

5

11

Certificates of Exclusive Rights in AOs Issued, Total

Including:

9

22

22

31

9

for Russian Applicants

9

18

21

29

6

for Foreign Applicants

4

1

2

3

The decrease in the number of the applications filed and the certificates issued for AOs is largely explained by the delays caused by the Ministry of Healthcare of the Russian Federation having to issue reports (the majority of applications for AOs in Russia are currently related to mineral water) to be included with the applications in accordance with Article 1522 of Part IV of the Civil Code of the Russian Federation, and the lack of which prevents AOs from being examined. The situation described as regards the reports results from the lengthy development by the Ministry of the document regulating the procedure of rendering the state service to issue such reports, which led to the decrease in the number of applications filed and considered, and subsequently – to the decrease in the amount of certificates issued.

At the same time some increase in the interest of foreign applicants to protect AOs in Russia should be noted: 5 applications were received in 2012 against 11 applications in 2013. Currently, 14 applications are under examination filed by applicants from Ukraine, Bulgaria, Viet Nam, Portugal, Georgia, France, United Kingdom, Italy and the USA.

Aiming to raise public awareness of the significance of AOs (which may serve to increase the number of applications filed), Rospatent raised this question at conferences, seminars and meetings, while interacting with executive authorities, as well as while working with subjects of the Russian Federation. One form of such work, to be continued in 2014, was Rospatent preparing and sending respective messages to the Heads of 34 Russian regions. These messages were based on the decision of the Council on Intellectual Property under the Chairman of the Council of Federation of the Federal Assembly of the Russian Federation of 07.11.2013, which includes a characteristic of AOs as an important tool for economic development.

1.6. Rendering the state service for receipt and consideration of applications for computer programs (CPs), databases (DBs) and topographies of integrated circuits (TICs) and issuing in due course certificates of state registration

As in previous years, in 2013 both the number of applications filed and the number of registered objects increased for CPs, DBs and TICs. The increase, however, was insignificant. As compared to 2012, the number of filed applications went up 7.5% and amounted to 14530, including applications filed by foreign applicants. 12500 of the applications were filed for CPs, 1820 applications for DBs and 210 applications for TICs, which corresponds to a 6.1%, 17.3% and 12.3% increase, respectively, as compared to 2012. The highest increase could be seen in the Tomsk Region – 172, the Moscow Region – 152, St-Petersburg – 123, and the Republic of Bashkortostan – 104 applications.

The number of applications received from the Central Federal District, including Moscow and 10 other regions, at the first time since 2004. is decreased.

A total of 13763 objects were registered in 2013, which is 6% more than in 2012. 287 applications were withdrawn after consideration. The fraction of certificates of state registration of CPs, DBs and TICs issued for legal persons amounted to 89.8%, against 87.7% in previous year.

During 2013, the number of certificates of state registration of CPs, DBs and TICs issued for the name of Russian Federation, went up 50.4% (from 1015 to 1527).

Table 1.6.1

Computer Programs, Databases and Topographies of Integrated Circuits Registered in 2009–2013

Types of IP Objects

2009

2010

2011

2012

2013

Computer Programs

7057

8073

9700

11471

11992

Databases

609

733

891

1332

1584

Topographies of Integrated Circuits

45

110

108

176

187

Table 1.6.2

Allocation of Applications Filed by Federal Districts of the Russian Federation

Federation Districts

2009

2010

2011

2012

2013

Central

3850

4473

5220

6263

6235

Volga

1074

1244

1533

1668

2172

North-West

894

1008

1308

1420

1518

South

935

826

970

1279

1298

North Caucasus

205

241

210

323

Siberian

735

853

1257

1478

1693

Ural

462

455

591

733

786

Far East

187

199

250

316

398

Total

8137

9263

11370

13367

14423

1.7. Rendering the state service for registration of contracts of disposal of rights in intellectual property objects and non-contractual transfers of exclusive rights in such objects

In 2013, contracts of disposal of rights to inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topographies of integrated circuits were considered and registered as well as non-contractual transfers of exclusive rights in such objects were registered in accordance with the requirements of the Administrative Regulations on the implementation of the state function to register contracts providing rights to inventions, utility models, industrial designs, trademarks, service marks, protected computer programs, databases, topographies of integrated circuits, as well as franchise agreements for the use of intellectual property objects protected in accordance with the patent law of the Russian Federation by the Federal Service for Intellectual Property, Patents and Trademarks, approved by the order of the Ministry of Education and Science of the Russian Federation of October 29, 2008 № 321 (hereinafter – the Administrative Regulations on contracts).

Inventions, utility models and industrial designs

As regards such objects as inventions, utility models and industrial designs, in reported year Rospatent received 4164 applications for registration of contracts in respect of 8676 inventions, utility models and industrial designs, 3123 contracts were registered in respect of 5961 objects. As compared to 2012, the number of applications for registration of contracts and the number of patents specified therein increased: by 1% for applications (4124 in 2012, 4223 in 2011, 3921 in 2010) and by 5.1% for patents specified therein (8256 in 2012, 8763 in 2011, 8255 in 2010), while the number of contracts registered increased by 2.9% (3035 in 2012, 3207 in 2011, 2860 in 2010) and the number of patents specified therein decreased by 5.4% (6301 in 2012, 6242 in 2011, 5680 in 2010).

The dynamics of registration of contracts of alienation of exclusive rights in inventions, utility models and industrial designs and of license agreements to use them for the period of 2009-2013 are presented in Table 1.7.1.

Table 1.7.1

Registration of Contracts of Alienation of Rights in Inventions, Utility Models and Industrial Designs and of License Agreements to Use Them

Indices

2009

2010

2011

2012

2013

Patent Alienation Contracts*

1054

1356

1445

1195

1274

Exclusive License Agreements

228

264

272

299

303

Non-Exclusive License Agreements

1083

1240

1490

1541

1546

Contracts Registered, Total

2365

2860

3207

3035

3123

Requests to Grant an Open License Received

88

77

45

64

280

Requests to Grant an Open License Published

79

62

21

32

60

* With no regard to non-contractual transfers of exclusive rights

As can be seen in Table 1.7.1, the total number of contracts registered in 2013 – 3123 contracts went up 2.9% as compared to 2012, but did not exceed the five-year maximum of 3207 contracts registered in 2011. It should be noted that the general increase of the number of contracts registered was mostly due to the increase in the number of contracts of alienation of exclusive rights by 6.6%. Statistics show that in the last two years the number of contracts of alienation amounted to approximately 40% (40.8% in 2013, 39.4% in 2012), which is 5.7% lower than the average value (45.7%) in 2009-2011 (45.1% in 2011, 47.5% in 2010, 44.6% in 2009). The data presented in Table 1.7.1 show the increased interest of patent holders in licensing the rights to use the results of intellectual activity registered for their name as opposed to alienating the exclusive rights in these results.

As in previous years, as compared to other types of registered contracts of disposal of rights, the number of registered contracts of pledge of exclusive rights in objects of patent law remains insignificant. 20 contracts of pledge were registered in 2013, against 17 in 2012 and 16 in 2011.

As can be seen from the data presented in Table 1.7.1, the reported year, as compared to 2012, saw a 4.4 times increase in the number of requests to grant the right to use an invention, a utility model or an industrial design to any person (open license) – 280 requests (64 in 2012), and the number of respective publications almost doubled, amounting to 60 (32 in 2012).

The data presented in Table 1.7.2 as regards the number of contracts registered by technological fields in 2009-2013 shows that as in 2012, such technological fields as power engineering, electrical engineering (490 contracts in 2013 and 499 in 2012), medicine (473 contracts in 2013, which is 21.9% higher than in 2012 – 388), chemistry and petroleum chemistry (382 contracts in 2013, which is 12.8% lower than in 2012 – 438) remain in the lead. A total of 1345 contracts were registered by these technological fields, which is 43.1% of the total number of contracts registered.

It should be noted that, as compared to 2012, the number of contracts registered in the field of light and food-processing industries went up 28.4%, in the field of oil and gas production – up 10.5%. At the same time the number of contracts registered in the field of electronics, computer sciences, instrument making went down 16.9%, in the field of mechanical engineering, machine-tool industries, tool production – down 6%, as compared to 2012.

Table 1.7.2

Contracts Registered by Fields of Technology

Fields of Technology

Contracts

2009

2010

2011

2012

2013

Light and Food-Processing Industries

173

163

194

215

276

Mechanical Engineering, Machine-Tool Industries, Tool Production

250

118

285

264

248

Medicine

76

294

414

388

473

Power Engineering, Electrical Engineering

247

421

567

499

490

Chemistry, Petroleum Chemistry

94

286

454

438

382

Electronics, Computer Sciences, Instrument Making

73

311

257

260

216

Metallurgy

133

86

113

103

108

Oil and Gas Production

338

162

158

152

168

Construction Engineering and Construction Materials

272

135

207

246

252

Others

709

884

558

470

510

Total:

2365

2860

3207

3035

3123

Table 1.7.3 shows the dynamics of activity of the parties to the registered contracts by types of economic entities. In general, a relevant balance of activity of the specified types of economic entities should be noted.

Table 1.7.3

Activity of Parties to Registered Contracts

Types of Economic Entities

Fraction of the total number of contracts, per cent

Transferor

Transferee

2009

2010

2011

2012

2013

2009

2010

2011

2012

2013

Natural Persons

32,9

34,5

31,8

31,6

32,21

7,6

9,7

8,98

9,09

8,07

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

8,9

13,8

16,25

19,93

17,1

4,7

7

5,52

6,39

4,03

Non-Governmental Organizations, Including:

58,2

51,7

51,95

48,47

50,69

87,7

83,3

85,5

84,52

87,9

Joint-Ventures

Foreign Companies

12,4

7,6

7,48

6,59

10,9

11,1

7,1

6,92

5,3

9,38

Others

Transferees are still dominated by non-governmental organizations at 87.9%. The fraction of these organizations as transferors in recent 4 years amount to approximately 50%. The activity of state enterprises, R&D Institutions, Universities and Design Offices lowered, both as a transferor (to 17.1%, against 19.93% in 2012) and as a transferee (to 4.03%, against 6.39% in 2012).

Statistics presented in Table 1.7.4 show that the average number of patents per contract has in recent years established at around two patents: 1.91 in 2012, 2,08 in 2012, 1,95 in 2011, 1.99 in 2010, 1,9 in 2009.

Table 1.7.4

Contracts Registered and Patents Covered by the Contracts

Indices

2009

2010

2011

2012

2013

Contracts Registered*/ Patents Covered by the Contracts, Total

Including:

2365/4503

2860/5680

3207/6242

3035/6301

3123/5961

Inventions

1550/2568

1833/3415

2027/3561

1872/3599

2005/3599

Utility Models

576/1305

718/1556

878/1932

897/2062

868/1771

Industrial Designs

239/630

309/709

302/749

266/640

250/591

* With no regard to non-contractual transfers of exclusive rights

In 2013, Rospatent continued the work to consider and register requests to register non-contractual transfers of exclusive rights, which occur in cases and on grounds stipulated by law, in particular as universal assignment (inheritance, reorganization of a legal entity) and in claiming the property of a legal owner as charges.

In 2013, Rospatent received 375 requests by legal successors to register non-contractual transfers of exclusive rights covering 1684 patented inventions, utility models and industrial designs (against 346 requests covering 3320 objects in 2012, 348 requests covering 2557 objects in 2011). The number of requests received in 2013 is 8.4% higher than in 2012, but the number of objects subject to transfer of rights is 49.3% lower than the respective result of 2012. The consideration of 399 requests was completed covering 1900 objects (against 357 requests covering 3365 objects in 2012, 316 requests covering 2221 objects in 2011). At the same time non-contractual transfers of exclusive rights were registered under 294 requests covering 1514 patented objects (238 requests covering 1819 objects in 2010, 204 requests covering 1206 objects in 2011, 218 requests in respect of 2060 objects in 2012), which amounts to 73.7% of the requests that ended in consideration (60.6% in 2010, 64.65% in 2011, 61.06% in 2012). The average number of patents per one registered non-contractual transfer of rights in 2013 amounted to 5.15 (4.3 in 2009, 7.6 in 2010, 5.9 in 2011, 9.5 in 2012).

Among the requests of state registration of non-contractual transfer of exclusive rights satisfied in 2013, Russian persons acted as rightholders and successors of exclusive rights in 75.2% of the requests, and foreign persons in 24.8% requests. The ratio of Russian to foreign persons in 2010-2012 remained roughly the same (respectively, 75% to 25% in 2010, 75.5% to 24.5% in 2011, 73.4% to 26.6% in 2012).

Trademarks and service marks

Statistics for 2011-2013 cover both the number of registered contracts and the total number of trademarks the exclusive rights in which were transferred by the right holders (contracts of alienation of exclusive rights in trademarks) or provided for use via license agreements (including sublicense agreements) and franchise agreements (including sub-concession).

It should be noted that the data on contracts of provision of rights in trademarks shown in the statistics for 2009-2010 cover both license (sublicense) agreements and franchise (sub-concession) agreements, jointly referred to as license agreements.

Table 1.7.5 presents data on the number of trademarks covered by contracts of alienation of exclusive rights registered in 2009-2013, license agreements registered in 2009-2010 (with no distinction between license and franchise) and license agreements/franchise agreements registered in 2011-2013.

Table 1.7.5

Trademarks Covered by Registered Trademark Alienation Contracts and License Agreements/Franchise Agreements Providing the Right to Use Trademarks

Type of contract

2009

2010

2011

2012

2013

Trademark Alienation Contracts, Total

Including:

6121

7426

7953

8195

6921

from Russian Owners

4888

5939

6222

6270

5236

from Foreign Owners

1233

1487

1731

1925

1685

License Agreements/ Franchise Agreements, Total

Including:

9157

11720

10216/2769

13840/6986

11494/3693

from Russian Owners

5902

8174

6831/1896

9165/5944

7648/3258

from Foreign Owners

3255

3546

3385/873

4675/1042

3846/435

Comparative data on the allocation of parties to the contracts registered in 2009-2013 between Russian and foreign persons, are provided in Table 1.7.6

Table 1.7.6

Allocation of Parties to Contracts between Russian and Foreign Persons

Parties to a Contract

Trademark Alienation Contracts

License Agreements/Franchise Agreements

2009

2010

2011

2012

2013

2009

2010

2011

2012

2013

The Parties are Russian Persons

2323

2701

2615

2828

2404

3947

4753

3857/1112

4377/5956

4391/2862

The Parties are Foreign Persons

365

488

511

569

559

153

151

160/2

174/3

144/4

Transferor is a Russian Person, Transferee is a Foreign Person

244

267

287

277

273

29

52

40/2

40/5

35/4

Transferor is a Foreign Person, Transferee is a Russian Person

68

122

70

71

76

787

880

686/287

819/321

814/340

The comparative data on the number of registered contracts and the number of trademarks covered by registered contracts are provided in Table 1.7.7.

Table 1.7.7

Registered Contracts and Trademarks Covered by Registered Contracts

Type of contract

2009

2010

2011

2012

2013

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Contracts

Trademarks

Trademark Alienation Contracts, Total

3000

6121

3578

7426

3483

7953

3745

8195

3312

6921

from Russian Owners

2567

4888

2968

5939

2902

6222

3105

6270

2677

5236

from Foreign Owners

433

1233

610

1487

581

1731

640

1925

635

1685

License Agreements/Franchise Agreements, Total

4916

9157

5836

11720

4743/

1403

10216/

2769

5410/

6285

13840/

6986

5384/

3210

11494/

3693

from Russian Owners

3976

5902

4805

8174

3897/

1114

6831/

1896

4417/

5961

9165/

5944

4426/

2866

7648/

3258

from Foreign Owners

940

3255

1031

3546

846/

289

3385/

873

993/

324

4675/

1042

958/

344

3846/

435

Pledge

-

-

62

195

52

280

24

82

60

191

Changes

1606

5743

2039

5492

2663

9529

2754

11123

5172

12789

Termination

977

888

1646

1122

2597

1074

2200

1392

2702

Total

12403

26479

13466

33344

19292

42426

18530

37790

As seen from Table 1.7.5, in 2013 the total number of trademarks (22108), in respect of which contracts of alienation of exclusive rights, license agreements and franchise agreements were registered, decreased by 23.8% as compared to 2012 level of 29021, but exceeded the level of 2011 – 20938 trademarks.

3312 contracts of alienation of exclusive rights in trademarks were registered in 2013 (3745 in 2012), which led to exclusive rights in 6921 trademarks being transferred, of which 5236 or 75.6% belonged to Russian rightholders and 1685 or 24.4% to foreign rightholders, respectively. The number of contracts of alienation of exclusive rights in trademarks registered decreased by 11.6%, as compared to 2012, but remained roughly at the level of 2011.

License agreements and franchise agreements (a total of 8594) in 2013 were registered in respect of 15187 trademarks, where the fraction of trademarks in contracts with Russian persons as transferors amounts to 10906 or 71.8% and the fraction of trademarks in contracts with foreign persons as transferors, amounts to 4281 or 28.2%, respectively. Therefore, the ratio of Russian to foreign persons remained at the level of 2012.

The total number of trademarks for which the right to use was granted (license agreements and franchise agreements) in 2013 amounts to 15187 (or 68.6% of the total number of trademarks covered by contracts) and the number of trademarks for which the rights were transferred by contract of alienation amounts to 6921 (or 31.4% of the total number of trademarks covered by contracts). Compared to the respective data of 2012 (20826 or 71.8% and 8195 or 28.2%, respectively) and of 2011 (12985 or 62% and 7953 or 38%, respectively), this allows to state firmly that the rightholders prefer licensing (franchising) as a desired form of getting profit instead of alienation of rights in a trademark.

In 2013 the number of license agreements registered – 5384, almost remained at the level of 2012 – 5410. At the same time the number of franchise agreements registered decreased to 3210, which amounted to 51% of the number of franchise agreements registered in 2012 – 6285.

The total number of license agreements and franchise agreements registered in 2013 amounted to 8594 covering 15187 trademarks, which is 26.5% lower than in 2012 (11695 contracts covering 20826 trademarks), but exceeds the results of 2011 – 6146 contracts covering 12985 trademarks.

Activity of Russian rightholders as regards registration of contracts of disposal of exclusive rights in trademarks remained at the level of 2012. As can be seen from Table 1.7.7, the fraction of trademarks held by Russian persons, covered by registered contracts, amounted to 73% (16142 trademarks) in 2013; against 73.6% in 2012 (21379 trademarks); 71.3% in 2011 (14949 trademarks); 74% in 2010 (14113 trademarks). The number of registered contracts covering trademarks held by Russian persons amounted to 83.7% in 2013 (9969 contracts) of the total number of contracts of 11906; against 87% in 2012 (13483 contracts) of the total number of 15440; 82% in 2011 (7913) of the total number of 9629 contracts.

The fraction of contracts registered in 2013 covering trademarks held by foreign rightholders increased slightly as compared to 2012 and amounted to 16.3% of the total number of contracts (1937); with 13% in 2012 of the total number of 1957 and 18% in 2011 of the total number of 1716.

It should be noted that, as the analysis of the data on the ratio of the number of registered contracts to the number of trademarks covered by them shows, in 2013 the ratio of contracts to trademarks amounted to 1:1.86, retaining the level of 2012 of 1:1.88.

3210 franchise agreements were registered in 2013 in respect of 3693 trademarks, which amounts to 51% of the level of 2012 (6285 contracts covering 6986 trademarks) and 229% of the level of 2011 (1403 contracts covering 2769 trademarks).

The work done in 2013 also involved state registration of contracts of pledge/subsequent pledge of exclusive rights in trademarks. 60 contracts of pledge were registered in respect of 191 trademarks, 55 of the contracts (184 trademarks) having Russian persons as rightholders. In 2012, Rospatent registered 24 contracts of pledge in respect of 82 trademarks. Therefore, the number of contracts of pledge increased.

Along with registering the contracts of disposal of exclusive rights in trademarks Rospatent also registers changes made to the registered contracts of disposal of exclusive rights in trademarks and terminations thereof. Notably, the number of registered changes tends to increase, especially in 2013: 1606 changes covering 5743 trademarks in 2009; 2039 changes covering 5492 trademarks in 2010; 2663 changes covering 9529 trademarks in 2011; 2754 changes covering 11123 trademarks in 2012; 5172 changes covering 12789 trademarks in 2013. The substantial increase in the number of registered changes to contracts is related to the last year’s growth of the number of registered franchise agreements, which were changed in 2013 as regards the essential contract terms, such as the duration of the contract, financial provisions etc.

1392 terminations of registered contracts (2702 trademarks) were also registered in 2013. To compare: 1074 terminations were registered in 2012 (2200 trademarks); 977 terminations in 2009; 888 terminations in 2010 (1646 trademarks); 1122 terminations in 2011 in respect of 2597 trademarks.

In reported year Rospatent performed state registration of non-contractual transfers of exclusive rights, which occur in cases and on grounds stipulated by law, in particular as universal assignment (inheritance, reorganization of a legal entity) and in claiming the property of a rightholder as charges, as provided for in Article 1241 of the Civil Code of the Russian Federation. This registration procedure is obligatory for a legal successor of exclusive rights in registered objects in accordance with the provisions of paragraph 6 of Article 1232 of the code.

In 2013, 498 transfers of rights were registered covering 1801 trademarks. In 2012, non-contractual transfers of rights were registered under 531 requests covering 2046 trademarks. In 2010, non-contractual transfers of exclusive rights were registered under 432 requests covering 949 trademarks. In 2011, 513 non-contractual transfers of exclusive rights were registered covering 1276 trademarks. It should be noted that for 207 of the number of requests satisfied in 2013, foreign persons acted as rightholders and successors (437 trademarks), and Russian persons for 291 requests (1364 trademarks).

Rospatent registers contracts the subject matter of which involves trademarks and objects of patent law (inventions, utility models and industrial designs). 129 such contracts were registered in 2013.

In 2013, a total of 22781 requests were received to register contracts and non-contractual transfers of exclusive rights, 150 of them not taken for consideration. Of the 22037 requests considered, 18530 contracts and 498 non-contractual transfers of rights were registered (a total of 19028), which amounted to 86.3% of the total number of requests considered, while 2702 of them were refused registration and 307 were withdrawn.

In 2012, 19292 contracts and 531 non-contractual transfer of rights were registered (a total of 19823), while 2849 were refused registration, 336 were withdrawn and 256 requests were not taken for consideration. The number of notifications of refusal in 2013 remained at the level of 2012, while the number of requests not taken for consideration in 2013 decreased almost twofold.

Computer programs, databases and topographies of integrated circuits (CPs, DBs and TICs)

The number of requests received for registration of contracts of alienation of exclusive rights decreased by 5.6%: from 304 to 287, while the number of requests for registration of non-contractual transfers of exclusive rights increased by 208.6%: from 35 to 108. At the same time, the total number of requests related to disposal of exclusive rights in CPs, DBs and TICs increased by 16.7%: from 354 to 413.

In 2013, 406 requests were considered related to disposal of exclusive rights (contracts of alienation of exclusive rights, non-contractual transfers of exclusive rights, license agreements, changes and terminations of registered contracts) covering 1154 CPs, DBs and TICs, which is respectively 8.3% and 0.6% higher than the respective results of the previous year. At the same time the number of registered transfers of exclusive rights in CPs, DBs and TICs (both contractual and non-contractual) decreased by 6.7%: from 330 to 308, and the number of requests withdrawn by the applicants in the course of consideration or those which were refused state registration, increased by 117.8%: from 45 to 98.

Table 1.7.8

Registered Contracts of Alienation of Exclusive Rights in Computer Programs, Databases, Topographies of Integrated Circuits and Non-contractual Transfers of Exclusive Rights

Type of Contract

2009

2010

2011

2012

2013

Contracts of Alienation of Exclusive Rights

227

180

218

295

266

Non-contractual Transfers of Exclusive Rights

5

19

25

25

36

1.8. Rendering the state service for recognizing as void legal protection of results of intellectual activity and means of individualization and pre-term termination of patents and certificates after considering administrative disputes related to legal protection of results of intellectual activity and means of individualization

In accordance with the data presented in Table 1.8.1, in 2013 the number of appeals and requests received by Rospatent and the Chamber of Patent Disputes increased slightly (approx. by 5%) as compared to 2012. Allocated by objects serving as subject matter in such requests and appeals, the total number of inquiries as regards means of individualization increased by 6%, and for results of intellectual activity a considerable increase of the number of appeals can be seen, in particular by 20.7% for utility models and by 20% for industrial designs. At the same time there was a slight decrease in the number of inquiries regarding inventions (around 6%).

In total, the aforementioned increase of the number of inquiries as regards means of individualization did not affect their average pendency rate, which remained at the level of 2012 and amounted to 4 months. As for duration of consideration of disputes related to results of intellectual activity, the reported period saw an increase of this duration from 4 months in 2012 to 5.5 months in 2013. These outlined tendencies are caused by the increase of the number of inquiries received at the stage of objection, which directly influences the date of the first session of the board. In accordance with the statistics, in 2013 the number of inquiries in respect of trademarks increased by 3.7 times as compared to 2012, and for objects of patent law this value went up 7.5 times.

Table 1.8.1

Allocation of Appeals and Requests Filed with the Chamber of Patent Disputes by types of Results of Intellectual Activity and Means of Individualization

Results of Intellectual Activity and Means of Individualization

2009

2010

2011

2012

2013

Inventions

347

227

276

303

286

Utility Models

140

139

130

169

204

Industrial Designs

34

32

55

39

47

Trademarks

1813

1968

2193

1366

1449

Appellations of Origin

2

7

1

Granting of Exclusive Rights in Registered Appellations of Origin

12

13

1

Total

2334

2368

2666

1897

1988

As compared to 2012, the reported year saw a decrease of the total number of decisions made after consideration of appeals and requests by the Expert Commission of Rospatent and the Chamber of Patent Disputes. The main indices are presented in the Table 1.8.2.

The decrease in the number of decisions taken is largely determined by objective factors related, in particular, to the changes made to the legislation on payment and accounting of patent fees collected for the rendering of state and municipal services (beginning January 2013, amendments to the Federal Law of July 27, 2010 (N 210-FZ) “On the provision of state and municipal services” came in to force related to the provision of documents and information).

Moreover, the changes made to the Statute on Patent Fees (approved by the Decree of the Government of the Russian Federation of November 14, 2013 № 1023) made it obligatory to send a notification document of accrual of the respective fees in cases where the fees were not paid and the documents of payment were not provided at the time of filing the respective request.

The abovementioned circumstances led to substantial changes in the procedure of taking appeals and requests for consideration. For example, during 2012, inquiries were generally not considered appeals and requests where violations were detected in the payment of fees, specifically as regards filling in the payment documents in complying with the obligatory requirement to provide inquiries and payment documents simultaneously. As of the beginning of 2013, the approaches to the accounting of fees changed, and the requirement to provide the payment document along with the appeal or request was no longer obligatory for the applicant. In case of failure to provide the payment document the applicant would then receive a notification document of the accrual of the respective fee. Therefore, in the reported period a refusal to take an inquiry for consideration would only be sent in case of failure to respond to a demand or in case of violation of terms established by law for appealing the decisions of Rospatent. Applied to practice, this led to reduction of the number of refusals to take requests for consideration by more than 4 times (from 402 to 95), and therefore, to the increase of the number of cases subject to consideration as to substance (approx. by 20%).

In 2012, notifications of refusals to take appeals for consideration constituted an essential part (approx. 20%) of the total number of decisions taken by the Chamber of Patent Disputes, while in 2013 this value amounted to only about 6%.

Moreover, the decrease in the total number of decisions as compared to the previous year was also explained by the fact that in 2013 the Chamber of Patent Disputes did not consider any new disputes related to lack of use of trademarks. After coming into force of the Federal law of December 8, 2011 (No. 422-FZ) «On modification of certain legal acts of the Russian Federation related to the establishment within the system of commercial courts of the Court for Intellectual Rights» the Chamber of Patent Disputes no longer had the authority to take for consideration new requests for pre-term termination of legal protection of a trademark due to lack of use.

In 2013, only 5 such requests were considered in the Chamber of Patent Disputes, all related to revision of decisions of Rospatent in the implementation of judicial acts. The data on the number of cases considered based on the requests for pre-term termination of legal protection of trademarks due to lack of use is presented in Table 1.8.6.

Analysis of data provided in Table 1.8.2 shows that almost 14% more decisions were made under appeals against the decisions of Rospatent made after examination (896 decisions in 2013 as compared to 786 decisions in 2012). The data presented in the aforementioned Table also show a 2.5% increase in the number of decisions under appeals against the granting of legal protection (532 decisions in 2013 and 519 decisions in 2012).

Table 1.8.2

Appeals and Requests Received by the Chamber of Patent Disputes and Decisions Taken by Rospatent

Type of Filings

2009

2010

2011

2012

2013

Filed

Decisions taken

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

1295

896

Appeals against granting of legal protection

492

532

523

540

582

535

766

519

657

532

Requests

841

1393

949

992

1027

944

79

262

36

27

Not recognized as requests and appeals

0

378

1

335

0

384

0

402

0

95

Requests and appeals considered as withdrawn

0

31

40

32

10

13

Total

2334

3336

2369

2818

2629

2816

1897

1979

1988

1563

During 2013, the prosecution on 13 cases was terminated by request of persons that filed the respective appeals or requests before the date of notification of taking the appeal of request for consideration, which roughly corresponds with the respective result of 2012 (10 cases).

Therefore, despite the fact that the number of inquiries received by the Chamber of Patent Disputes and Rospatent remained roughly at the same level (a 5% growth can be deemed insignificant), there has been a substantial increase (by 20%) of the array of disputes subject to consideration as of substance. Without new requests related to lack of use of trademarks, where the process of consideration in absence of the rightholder can be reduced to formal notification of the parties of the date of the session of the board, and therefore, will take the least time and effort than any other dispute related to appeals against protectability of objects of intellectual property, the workload increased for the experts of the Chamber of Patent Disputes who in the reported period had a task to fulfill their work assignments.

Table 1.8.3 shows the allocation of the decisions taken by Rospatent by different types of results of intellectual activity and means of individualization. It can be seen from the table that the number of decisions taken in 2013 on trademarks, as established in the previous years, greatly exceeds the number of decisions taken on other objects of intellectual property rights. However, there is a general trend of growth in the number of decisions taken as a result of consideration of appeals against decisions of Rospatent taken after examination both of objects of patent rights (a twofold increase on utility models and industrial designs) and of trademarks. A slight decrease in the number of decisions taken based on appeals against the granting of legal protection to inventions should be noted (86 cases in 2012 and 65 cases in 2013).

Table 1.8.3

Allocation of Decisions Taken by Rospatent by Types of Results of Intellectual Activity and Means of Individualization

Types of results of intellectual activity and means of individualization

Years

Decisions taken

on Appeals Against the Decisions of Examination

on Appeals Against Granting Legal Protection

On Requests

Inventions

2009

231

80

2010

139

75

2011

135

79

2012

114

86

2013

107

65

Utility Models

2009

4

78

2010

12

109

2011

17

117

2012

10

85

2013

20

89

Industrial Designs

2009

14

20

2010

11

21

2011

21

31

2012

10

12

2013

20

14

Trademarks

2009

753

354

1393

2010

749

335

992

2011

748

305

928

2012

651

327

238

2013

748

346

5

Well-Known Marks

2011

1

10

2012

1

16

2013

2

17

Trademarks (Abuse of Rights or Unfair Competition)

2011

3

2012

8

2013

­—

10

Generic Trademarks

2013

3

Appellations of Origin

2009

2010

2011

2012

2

2013

4

1

Granting of Exclusive Rights in Registered Appellations of Origin

2009

2010

2011

2

3

2012

1

6

2013

1

2

1

Table 1.8.4 presents the results of consideration of appeals on various types of results of intellectual activity and means of individualization which show that 761 appeals considered was satisfied and 580 appeals were not satisfied. With this in mind, on trademarks both the number of satisfied appeals and those not satisfied generally increased (the total number of decisions increased). The general picture is not balanced for objects of patent law. The only definitive statement is that the number of satisfied appeals on utility models and industrial designs increased to a certain extent (the total number of decisions related to these objects also increased).

Table 1.8.4

Results of Consideration of Appeals

Types of results of intellectual activity and means of individualization

Years

Results of Consideration

Appeal Satisfied

Appeal Rejected

Inventions

2009

36

256

2010

54

205

2011

60

145

2012

61

117

2013

51

108

Utility Models

2009

32

44

2010

47

10

2011

57

58

2012

42

42

2013

58

38

Industrial Designs

2009

3

29

2010

16

13

2011

27

20

2012

9

9

2013

14

13

Trademarks (Including Well-Known Trademarks)

2009

550

499

2010

536

488

2011

531

488

2012

565

371

2013

636

416

Appellations of origin

2009

2010

2011

2012

2

2013

1

3

Granting Exclusive Rights in Registered Appellations of Origin

2009

2010

2011

2

2012

1

6

2013

1

2

Total

2009

621

828

2010

653

716

2011

675

713

2012

678

547

2013

761

580

As the data in Table 1.8.5 shows, out of the 145 decisions made in the reported period after consideration of appeals related to objects of intellectual property rights in the Chamber of Patent Disputes, 105 decisions were affirmed, which amounted to about 72%. This result is slightly lower than in 2012 (75%). Meanwhile, the number of examination decisions revoked increased substantially (more than 1.5 times). For means of individualization, despite the increase in the total number of both examination decisions of Rospatent revised and those affirmed, their ratio to the total number of decisions largely remained the same.

Table 1.8.5

Decisions Made after Consideration of Appeals

Type of Decision

2009

2010

2011

2012

2013

Examination Decision

Affirmed

560

452

133 (ИЗ)

333 (ТЗ)

97 (ИЗ)

226 (ТЗ)

105 (ИЗ)

266 (ТЗ)

Revised

21

44

11 (ИЗ)

32 (ТЗ)

13 (ИЗ)

82 (ТЗ)

8 (ИЗ)

105 (ТЗ)

Revoked

416

397

28 (ИЗ)

376 (ТЗ)

20 (ИЗ)

334 (ТЗ)

32 (ИЗ)

366(ТЗ)

Document of Title

Recognized as Invalid in Full

98

132

91 (ИЗ)

66 (ТЗ)

64 (ИЗ)

72 (ТЗ)

69 (ИЗ)

83 (ТЗ)

Recognized as Invalid in Part

105

80

14 (ИЗ)

57 (ТЗ)

15 (ИЗ)

78 (ТЗ)

14 (ИЗ)

84 (ТЗ)

Recognized as Valid (Including Rights in AOs)

249

264

90 (ИЗ)

154 (ТЗ)

71 (ИЗ)

152 (ТЗ)

54 (ИЗ)

153 (ТЗ)

Prosecution Terminated

85

82

70

80

87

Total

1534

1451

1455

1304

1426

As can be seen from Table 1.8.5, in 2013 there was a slight increase in the number of cases where the prosecution was terminated (80 cases in 2012 and 87 cases in 2013).

In 2013, the employees of the Chamber of Patent Disputes were involved in the preparatory work as part of the Expert Commissions of Rospatent in order for the federal executive authority on intellectual property to perform legally significant actions in respect of appeals and requests that are to be filed directly with Rospatent in accordance with the applicable law. In particular, the experts of the Chamber of Patent Disputes were involved in considering:

  • four appeals against the granting of legal protection to appellations of origin (see Table 1.8.3) and one request of pre-term termination of legal protection of an appellation of origin (see Table 1.8.6);
  • two appeals against the granting of exclusive rights to registered appellations of origin (see Table 1.8.3) and one request against the validity of a certificate of exclusive rights in an appellation of origin (see Table 1.8.6);
  • ten appeals against the granting of legal protection to trademarks, where the actions of the rightholder related to state registration of the respective trademark were recognized in due course as abuse of rights or unfair competition (Table 1.8.3);
  • three requests (prosecution terminated for one of them) of pre-term termination of legal protection of trademarks where the trademarks became generic (Table 1.8.6);
  • seventeen requests to recognize a trademark or an indication used as a trademark as a well-known trademark in the Russian Federation, twelve of which were satisfied (Table 1.8.7).

Table 1.8.6

Allocation of Trademark-Related Requests Considered by Types of Requests

Type of Request

Type of Decision

2009

2010

2011

2012

2013

Pre-term termination of a trademark due to lack of use

Satisfied in part

560

488

492

131

Satisfied in full

297

203

207

50

3

Rejected

22

36

60

17

2

Pre-term termination of a trademark that became generic

Rejected

2

Pre-term termination of legal protection of an appellation of origin of goods

Rejected

1

Pre-term termination of a certificate of exclusive right to use an appellation of origin of goods

Rejected

3

1

Prosecution Terminated

514

265

169

40

1

Total

1393

992

931

238

10

Table 1.8.7

Considered Cases Related to Well-Known Trademarks

Type of Case

Type of Decision

2011

2012

2013

Request to consider a trademark or an indication used as a trademark as a well-known trademark in the Russian Federation

Satisfied

8

14

12

Rejected

2

2

5

Appeal against the Granting of Legal Protection to a Well-Known Trademark of Russian Federation

Satisfied

Rejected

1

1

2

Total

11

17

19

1.9. Interaction between Rospatent and federal executive authorities, judicial and other authorities

In accordance with Paragraph 4 of the Statute of the Federal Service for Intellectual Property (hereinafter – the Statute), approved by the Decree of Government of the Russian Federation of March 21, 2012 № 218, in conducting its activities, Rospatent interacts with other federal executive authorities, executive authorities of the subjects of the Russian Federation, municipal authorities, public associations and other organizations.

In this interaction, Rospatent provides informational and methodological support for the activities of the federal executive authorities performing legal enforcement functions in the area of civil turnover of intellectual property objects.

The work related to the informational and methodological support of the activities of the federal executive authorities (as well as public prosecution and judicial authorities) is conducted, in particular, based on agreements concluded by Rospatent.

It is worth mentioning that on July 17, 2013 an Agreement of Cooperation was signed between the Federal Service for Intellectual Property and the “Rostechnologii” state corporation.

Also, in 20 November, 2013, the Agreement of Cooperation was signed between the Federal Service for Intellectual Property and the Federal Service for Cooperation in the Military and Technology on matters related to legal protection of interests of the state as regards the results of intellectual activity utilized in the course of military and technological cooperation of the Russian Federation with foreign countries.

In 2013, Rospatent satisfied a total of 5984 requests and inquiries of the executive authorities, as well as public prosecution and judicial authorities. The respective data is presented in Table 1.9.1.

Table 1.9.1

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

Name of the authority

Number of requests and inquiries

Subject matter of requests and inquiries

2009

2010

2011

2012

2013

Government of the Russian Federation

28

29

52

57

51

Provision of data related to intellectual property objects, of data and documents on disposal of rights in intellectual property objects

Ministry of Education and Science of the Russian Federation

16

31

25

1

6

Ministry of Foreign Affairs of the Russian Federation

1

1

Ministry of Justice of the Russian Federation

2

8

21

5

6

Ministry of Finance of the Russian Federation

2

1

Ministry of Culture of the Russian Federation

2

4

1

1

Ministry of Defense of the Russian Federation

1

3

4

6

2

Ministry of Industry and Trade of the Russian Federation

1

1

2

1

2

Ministry of Economic Development of the Russian Federation

7

5

17

67

53

Ministry of Communications of the Russian Federation

5

3

Chamber of Commerce and Industry of the Russian Federation

5

5

4

6

6

Federal Service for Supervision in the Field of Consumer Rights Protection

5

4

10

37

20

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

Federal Service for Supervision of Legislation in the Fields of Public Communications and Protection of Cultural Heritage

1

5

Federal Service for the Control on the Market for Alcohol

1

4

1

7

Ministry of Internal Affairs of the Russian Federation

432

482

300

310

308

Provision of data related to intellectual property objects, of data and documents on disposal of rights in intellectual property objects:

  • provision of notes on the results of investigation of similarity between unregistered signs used to mark the goods, and trademarks; on uniformity of goods; on employment of any features of protected inventions, utility models or industrial designs in a specific object;
  • provision of data on registration of specific industrial property objects, on the scope of protection, the number and the date of issuance of the title of protection, the duration thereof, the rightholders and representatives thereof, as well as on registration of contracts of disposal of exclusive rights in industrial property objects;

Federal Security Service of the Russian Federation

5

4

3

14

Federal Antimonopoly Service of the Russian Federation

134

140

137

170

165

Federal Customs Service of the Russian Federation

712

258

297

302

293

Federal Taxation Service of the Russian Federation

268

189

135

114

155

Federal Service of Court Enforcement Officers of the Russian Federation

3240

3459

3810

4519

4805

Provision of data on the existence of registered intellectual property objects

Provision of data on the enforcement measures applied in respect of intellectual property objects

Seizure of intellectual property objects

Lifting the seizure from intellectual property objects

Provision of data and documents on disposal of rights in intellectual property objects

Office of the General Prosecutor

88

45

37

52

43

Provision of data related to intellectual property objects, of data and documents on disposal of rights in intellectual property objects

Courts

132

55

39

59

40

In executing the function to provide informational and methodological support to state authorities, Rospatent also interacts with regions of the Russian Federation, the essential points being clarification and promotion of patent legislation, trademark legislation and legislation on other objects of intellectual property, as well as the training of specialists aimed at conveying the basic provisions of the law as regards legal protection an utilization of objects of industrial property to their developers.

In 2013, the number of inquiries received from the Ministry of Internal Affairs of the Russian Federation, Federal Customs Service of the Russian Federation, Federal Antimonopoly Service of the Russian Federation was stabilizing, which indicates reaching a certain level of saturation in the use of information resources of Rospatent, the access to which is provided to said federal authorities and their territorial branches based on the Agreements on Cooperation concluded with Rospatent.

The outlined trend of increasing in number of inquiries received from the Federal Service for Court Enforcement Officers of the Russian Federation indicates the increase in the number of cases involving intellectual property to be considered in courts, and therefore the gradual growth of the number of intellectual property objects involved in civil turnover. At the same time the absolute value of this indicator only means that the Federal Service for Court Enforcement Officers of the Russian Federation does not resort to the databases of Rospatent, ignoring the procedure of interoffice electronic interaction.

The interaction with federal executive authorities was implemented:

  • with the Ministry of Healthcare of the Russian Federation and the Executive Office of the Government of the Russian Federation – in the course of work meetings and other contacts on matters of legal protection and enforcement of rights in results of intellectual activity and means of individualization equated thereto related to the field of pharmaceuticals, specifically on the matter of devising the List of Medicines, the orders for shipment of which for the needs of customers are to be placed in accordance with their trade names;
  • with the Federal Customs Service of the Russian Federation – within the framework of activities of the joint working group on hot topics of interaction;
  • within the framework of participation in the meetings held by the Department of State Regulation in the Economy of the Ministry of Economic Development of the Russian Federation, related to the interoffice interaction;
  • within the framework of the interoffice working group of the Ministry of Education and Science of the Russian Federation on matters related to the development of the Long-Term State Strategy in the Field of Intellectual Property;
  • with the Federal Agency on Technical Regulation and Metrology – within the framework of the work meetings on matters of using AOs in state standards and technical regulations;
  • with the Federal Treasury – on matters of development, adoption, implementation, operation and application of common Russian classifiers;
  • with the Ministry of Communications of the Russian Federation – on matters of the interoffice electronic interaction system.

Rospatent and FIPS were represented in the judicial bodies by the employees of the court representation division. This division participates in the settlement of disputes in commercial courts, courts of general jurisdiction, as well as in the Court on Intellectual Rights, and controls the proper observance of judicial acts and enforcement measures imposed on various intellectual property objects.

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

Data on the number of cases involving Rospatent considered in the city of Moscow in 2013, allocated by objects of intellectual property, are presented in Table 1.9.2.

As can be seen from the data presented in Table 1.9.2, in January-December of 2013, 611 cases involving Rospatent were considered in the courts located in Moscow (with no regard to the cases considered by the Court on Intellectual Rights).

Moreover, according to the data presented in Table 1.9.2, most of the cases are considered in commercial courts and are related to challenging the decisions (actions) of Rospatent. 394 judicial acts are related to trademarks (including international registrations). 105 judicial acts are related to patents for inventions, utility models and industrial designs.

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

Judicial acts finalizing the consideration of cases as of substance

Commercial courts

Courts of general jurisdiction

Commercial courts

Courts of general jurisdiction

Satisfied

Rejected

Satisfied

Rejected

Satisfied

Rejected

Rejected

Satisfied

Trademarks

24

370

-

-

17

42

1

1

455

Industrial designs

-

7

-

-

-

1

-

-

8

Inventions

2

59

-

9

6

14

-

4

94

Utility models

1

36

-

-

2

5

-

-

44

Databases

-

1

-

-

-

1

-

-

2

Appelations of origin

-

3

-

-

-

-

-

-

3

Computer programs

-

4

-

1

-

-

-

-

5

Total

27

480

-

10

25

63

1

5

611

It should be noted that Table 1.9.2 does not include judicial cases involving Rospatent considered by courts (both commercial and of general jurisdiction) outside of Moscow. However, as in previous years, the vast majority of cases considered by regional courts are not related to challenging the decisions (actions) of Rospatent and instead cover disputes arising out of infringement of exclusive rights, determination of authorship (rightholder) of patents for inventions, utility models and industrial designs, as well as out of recognizing as void (termination) of contracts related to industrial property objects.

Analysis of the judicial practices of the cases involving Rospatent in 2013 must take into consideration that as of July 3, 2013 the Decree of the Plenum of the Supreme Arbitration Court of the Russian Federation № 60 “On matters related to the creation within the system of commercial courts of the Court on Intellectual Rights” came into force.

It is from July 3, 2013, that the Court on Intellectual Rights established in the Russian Federation started receiving first requests within its area of competence.

Data on the number of cases involving Rospatent considered by the Court on Intellectual Rights in 2013, allocated by objects of intellectual property, are presented in Table 1.9.3.

As can be seen from the data presented in Table 1.9.3, in six months of 2013 the Court on Intellectual Rights issued 106 judicial acts on cases related to challenging the decisions (actions) of Rospatent. It should be noted that the number includes both cases considered by the Court on Intellectual Rights as a court of first instance and as a cassation court.

Table 1.9.3

Challenging the Decisions (Actions) of Rospatent by the Court on Intellectual Rights

Types of IP objects

Challenging the decisions (actions) of Rospatent

Total

Court on Intellectual Rights

Satisfied

Rejected

Trademarks

6

66

72

Industrial Designs

1

-

1

Inventions

1

20

21

Utility Models

-

10

10

Databases

-

-

-

Appelations of Origin

1

1

2

Computer Programs

-

-

-

Total

9

97

106

In July-December 2013, the Court on Intellectual Rights issued 549 judicial acts on cases related to pre-term termination of legal protection of trademarks due to lack of use, where Rospatent acted as a third party without independent claims, 365 of which contain a rejection to satisfy the claims, while 184 judicial acts are issued in favor of the claimant.

1.10. Cooperation and interaction of Rospatent with the regions of the Russian Federation in 2013

For the purposes of interaction of the system of Rospatent with regions of the Russian Federation in the area of intellectual property in 2013, cooperation agreements were signed between Rospatent and the governments of Amur Region, Novosibirsk Region, Republic of Karelia, Republic of Mordovia, Republic of North Ossetia - Alania, Samara Region, Sakhalin Region, Tyumen Region, Republic of Udmurtia and Administration of the Lipetsk region.

In 2013 FIPS continued the implementation of provisions of the Memorandum of Understanding on the establishment of Technology and Innovation Support Centers (TISCs) in the Russian Federation between Rospatent and the World Intellectual Property Organization (WIPO). Agreements on the establishment of TISCs were signed with company «Technology Transfer Center», Intellectual Property Center «Skolkovo», North Ossetian State University named after K.L. Khetagurov. Additionally in 2013 FIPS signed cooperation agreements of a new type which include provisions on organization of activity in TISC’s areas with the Moscow City Council of the All-Russian Society of Inventors and Innovators (MCC VOIR), Volgograd Chamber of Commerce and Industry, Far Eastern Agency Promoting Innovation, Belgorod State Universal Scientific Library, Tver Regional Universal Scientific Library named after A.M. Gorky decorated by «Badge of Honor», Institute of International Business and Law NIU ITMO, Technopark-Mordovia, State regional center of standardization, metrology and testing in the Republic of Bashkortostan, Sakhalin State University.

As of the end of 2013 TISCs were established on the basis of 84 business entities (see Diagram 1) from 57 regions in 8 federal districts of the Russian Federation (the full list of business entities rendering services for TISC’s areas of activity is available online on the official website of FIPS (www.fips.ru) in the section International project «Establishment of Technology and Innovation Support Centers»).

1_3.tif

Business entities rendering services for TISC’s areas of activity are divided by the main types of economic activities in accordance with Diagram 2.

1_4.tif

According to the results of 2013 within cooperation agreements Rospatent interacts with 36 governments (administrations) of regions of the Russian Federation and FIPS cooperates with 34 regional supporting (competent) organizations from 33 regions of Russia on the basis of signed contracts (Table 1.10.1).

Table 1.10.1

Cooperation of Rospatent with the Regions of the Russian Federation in the framework of regional policy

Federal district

Regions with administrations concluded cooperation agreements with Rospatent

Regional supporting organizations concluded cooperation agreements with FIPS

Central

Moscow

Moscow City Organization of the Russian Society of Inventors and Rationalizers

Belgorod Region

Belgorod regional universal scientific library

Bryansk Region

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

Voronezh Science and Technology Center

Kaluga Region

Kostroma Region

Lipetsk Region

Orel Region

State university - educational-scientific-production complex

Tver Region

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

Tula Region

Tula regional universal scientific library

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 chamber of commerce and industry

Republic of Karelia

Southern

Astrakhan Region

Astrakhan state medical academy

Volgograd Region

Volgograd chamber of commerce and industry

Kuban state technology university (Krasnodar Territory)

North Caucasian

Republic of North Ossetia–Alania

Stavropol Territory

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

Volga

Plenipotentiary Representative of Russian President in By-Volga Federal district

Kirov Region

Vyatka state university

Nizhegorod Region

Nizhegorod Science and Technology Center

Republic of Bashkortostan

CSM of Republic of Bashkortostan

Republic of Mordovia

Technopark-Mordovia

Republic of Tatarstan

Tatarstan Science and Technology Center

Samara Region

Togliatti institute of technical creativity and patents

Saratov state university named after N.G. Chernishevsky

Udmurt Republic

Ulianovsk Region

Ulianovsk state technology university

Republic of Chuvashia

Ural

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

Sverdlovsk Region

Ural house of science and technology

Non-commercial partnership of patent attorneys “Novation”

Tyumen Region

South-Ural chamber of commerce and industry

Siberian

Altai Territory

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

Krasnoyarsk CSM

Novosibirsk Region

Science and Technology Library

Omsk state technology university

Tomsk Region

National research Tomsk Polytechnic university

Tuvan State University (Republic of Tuva)

Дальневосточный

Far Eastern

Amur Region

Magadan Region

Republic of Sakha (Yakutia)

Sakhalin Region

Sakhalin State University

Khabarovsk Territory

Far East agency of assistance to innovations

Итого:

Total:

36

34

Figure 1 shows the territory of cooperation of Rospatent and FIPS (agreements of Rospatent, treaties of FIPS, agreements of TISCs).

1_5.tif

In 2013 within the Regional Information Support Program FIPS provided business entities of Russian regions with 12 new free access points to the full-text databases (hereinafter – DB) of descriptions of national inventions and utility models, including 8 access points for TISCs with the additional ability to carry out search by industrial designs.

As of the end of 2013, the ability of free access via the Internet to the FIPS DB was provided for 272 organizations in 8 federal districts of the Russian Federation. Access was provided for: 49 supporting organizations; 8 science cities, 40 state research centers (GNC), 35 research centers of the Russian Academy of Science (SB RAS), 40 organizations within the federal target program «Development of infrastructure of nanotechnology industry in the Russian Federation for 2008 – 2011» (FСP), 84 TISCs and 16 other organizations.

Table 1.10.2 shows the distribution of organizations that have been granted free access to the FIPS DB by the appropriate categories, by federal districts.

Table 1.10.2

Distribution of Organizations having Free Access to FIPS Full Text Databases in National Inventions, Utility Models and Industrial Designs

Federal district

Supporting Organizations

Science towns

State science centers

Science centers of the Russian Aca­demy of Science

Federal program

TISCs

Other

Organizations Total

Central

10

7

28

11

14

24

5

99

Northwestern

3

11

4

3

7

2

30

Southern

8

3

6

2

19

North Caucasian

3

4

7

Volga

15

­—

1

6

8

20

4

54

Ural

7

3

2

4

16

Siberian

4

1

6

5

12

1

29

Far Eastern

2

5

2

7

2

18

Total:

49

8

40

35

40

84

16

272

In accordance with Annexes 1 and 2 to the Agreement on establishment of TISCs during 2013 sets of the Russian patent documents on the optical disks DVD-ROM (over 850 discs in total) have been transferred to the Centers and information products and materials prepared by the department of VPTB on the FIPS site have been regularly updated: Guide to VPTB funds and web resources, Electronic Catalogue of patent law literature, Internet navigator on patent information resources, etc.

In 2013 the following materials were prepared and transferred to TISCs:

  • practical manuals: «Creating a network of Technology and Innovation Support Centers in the Russian Federation», «Basic resources of patent search in the Internet»;
  • bibliographic indexes «Patent landscapes», «Electronic filing of applications for industrial property in the Russian Federation and within international and regional agreements», «Electronic filing of applications for industrial property abroad».

In accordance with the «Memorandum of Understanding between the EAPO and Rospatent on providing of access to the Eurasian Patent Information System (EAPATIS) for public libraries and leading universities of the Russian Federation» (signed on November 21, 2012) proposals for access to EAPATIS were sent in 37 organizations (7 libraries and 30 universities). Grounds for inclusion in this list were the availability of status of TISCs or high ranking in patenting. Passwords and access codes derived from the EAPO have been sent to the interested organizations. As of December 2013, access to EAPATIS was provided for 23 organizations, 15 of which have the status of TISCs. On the request of VPTB, the EAPO provides monthly statistical information on the use of EAPATIS by these organizations.

In 2013 Rospatent organized and conducted 34 conferences, seminars and round tables in 16 regions of the Russian Federation:

  • January 31 – meeting of the Economic Council under the Head of the Chuvash Republic (Cheboksary);
  • March 26–27 – regional scientific and practical conference for specialists of the Central Federal District of the Russian Federation «Actual issues of legal protection and use of the results of intellectual activity» (Bryansk, State Budget Institution of Culture «Bryansk Regional Universal Scientific Library named after F.I. Tyutchev»);
  • April 4 – scientific and practical conference of Rospatent within the framework of the XVI Moscow International Salon of Inventions and Innovative Technologies «Archimedes — 2013» «The role of the patent system in the innovative development of the economy of Russia» (Moscow, EcoCenter “Socolniki”);
  • April 8-9 – practical seminar «Using of patent information in R&D of new products» (Saransk, AU «Technopark - Mordovia»);
  • April 22 - seminar «Improving of legislation in the area of intellectual property» (St. Petersburg, Regional Public Association «St. Petersburg patent bar»);
  • April 23 — Round table «The novelty as a requisite of patentability of inventions and utility models» (St. Petersburg, NIU ITMO);
  • April 24-26 — Forum «Innovation potential of Russia» organized by Rospatent and FIPS with the support of WIPO (Moscow, Rospatent);
  • April 24 – Section «Legal protection and enforcement of trademarks and other means of individualization» within the All-Russian Forum «Intellectual Property XXI Century» (Moscow, Russian Chamber of Commerce and Industry);
  • April 25 – conference on the issues of intellectual property within the III Innovation Forum (Ryazan, Ryazan CNTI);
  • May 22-23 – regional scientific and practical conference for specialists of the Siberian Federal District of the Russian Federation «Actual issues of legal protection and utilization of the results of intellectual activity» (Tomsk, FGBOU VPO «Tomsk National Research Polytechnic University»);
  • 5-6 June – scientific and practical conference «Problems of legal protection and effective use of the objects of intellectual property in innovative activity of enterprises» (Kaluga, Kaluga CNTI);
  • June 13-14 – seminar «Promotion of the efficient use of the Madrid System for the International Registration of Marks and the Hague System for the International Registration of Industrial Designs» organized by Rospatent in cooperation with WIPO and St. Petersburg Chamber of Commerce and Industry (St. Petersburg, St. Petersburg Chamber of Commerce and Industry);
  • June 19-20 – International Scientific and Practical Conference «Actual issues of legal protection and use of the results of intellectual activity» (Yakutsk, FGAOU VPO «North-Eastern Federal University named after M.K. Ammosov»);
  • June 19-20 – regional scientific and practical seminar in the framework of international project on the establishment of Technology and Innovation Support Centers «Intellectual Property in the global innovative economy. Protection of intellectual property as a factor of successful entrance to the WTO markets» (Novosibirsk, SPSTL SB RAS);
  • June 20-21 – the VI Cheboksarsky economic forum «Regions of Russia – from stabilization to development» (Cheboksary, Chuvash Republic National Library);
  • August 27 – seminar «Teaching of skills of invention and innovation work at the enterprise» organized by MGO of VOIR (Moscow, OAO NPP «Sapfir»);
  • August 29 – seminar «Teaching of skills of invention and innovation work at the enterprise» organized by MGO of VOIR (Moscow, Rospatent);
  • September 11 – seminar «Teaching of skills of invention and innovation work at the enterprise» organized by MGS of VOIR (Zelenograd, Business Center «Zelenograd»);
  • September 11-12 – seminar «Strategic use of trademarks for business development and the Madrid System for the International Registration of Marks» organized by WIPO in cooperation with Rospatent and Don State Technical University (Rostov-on-Don, Don State Technical University);
  • September 17 – seminar «Teaching of skills of invention and innovation work at the enterprise» organized by MGS of VOIR (Moscow, NRTU MISA);
  • September 24-25 – regional scientific and practical conference for specialists of the Northwest Federal District of the Russian Federation «Actual issues of legal protection and use of intellectual activity» (Arkhangelsk, GBUK «Arkhangelsk Regional Scientific Order of ‘Honor’ Library named after N.A. Dobroliubov»);
  • September 25-26 – the II Congress of Technology and Innovation Support Centers in the Russian Federation organized by WIPO in cooperation with Rospatent, FIPS and the Institute of International Law and Business NIU ITMO (Saint-Petersburg, Institute of International Business and Law NIU ITMO);
  • October 3-4 – International Medical Technology Forum «Medical devices – 2013» (Moscow, Russian Chamber of Commerce and Industry);
  • 9-10 October – the XVII scientific and practical conference of Rospatent «Intellectual property rights as a tool for economic development» (Moscow, Rospatent);
  • October 22-24 – Youth Innovation Convent of Sakhalin region (Yuzhno-Sakhalinsk, FGBOU VPO Sakhalin State University);
  • 24-25 October – scientific and practical seminar «Involving of RID on information and communication technologies into economic circulation of public enterprises» (St. Petersburg, AIS «EGIDA»);
  • November 6-7 – regional scientific and practical conference for specialists of the Volga Federal District of the Russian Federation «Actual issues of legal protection and use of intellectual property» (Kirov, FGBOU VPO Vyatka State University);
  • November 13 – seminar «Obtaining of legal protection for a trademark under national and international systems of registration» (Tver, GBUK Tver Order» Badge of Honor» Regional Universal Scientific Library named after A.M. Gorky);
  • November 21 – seminar «Intellectual Property Day in Serpukhov (Serpukhov, Serpukhov Chamber of Commerce and Industry);
  • November 28 – scientific and practical seminar «Advantages and perspectives of electronic interaction with Rospatent for members of market for intellectual property rights» (Belgorod, GBUK Belgorod State Universal Scientific Library);
  • December 4 – seminar «Strategy and tactics of the protection of intellectual property» (Kaluga, Kaluga CNTI-branch FGBU «REA» Mosenergo Russia);
  • December 5 – All-Russian Innovation Convent 2013 (Moscow, Moscow State Technical University named after N.E. Bauman);
  • December 12 – Auction of intellectual property of member states of the CIS organized by the Business Centre of CIS economic development in association with the Auction of intellectual property «RUSINPRO» and Association of Technical Universities (Moscow, Moscow State Technical University named after N.E. Bauman);
  • December 20 – Fourth Interuniversity Scientific and Practical Conference «INNOVA» (Yuzhno-Sakhalinsk, FGBOU VPO Sakhalin State University).

In 2013 in the course of implementation of the cooperation program between Rospatent and the regions the Patent Library Section of FIPS carried out two thematic meetings with the leading specialists of FIPS in the mode of videoconference «Peculiarities of patenting of new chemical compounds» and «Overview of the new features of electronic filing system for trademarks» which were attended by the following organizations, which operate on the basis of TISCs: FGAOU VPO «Belgorod State National Research University», NGO «Center of intellectual property of the Republic of Mordovia» and AC «Technopark-Mordovia» (jointly); FGBOU VPO « Tomsk National Research Polytechnic University»; FGBOU VPO «Saratov State University named after N.G. Chernyshevsky, FGBOU VPO «Bashkir State University».

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

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

In 2013 Rospatent and FIPS considered 1754 requests, 1432 of them received from citizens and 322 from legal entities, including 398 requests received by e–mail. Requests of citizens usually prevail and account for about 81,6%. 43 citizens were heard via personal reception at Rospatent.

As compared to 2012, the total number of requests has significantly increased about 29%.

The central administrative body of Rospatent received 1124 requests (including 558 requests addressed directly to Rospatent, while the rest were received from the state and executive authorities and the Civic Chamber of the Russian Federation) and 630 requests were addressed to FIPS. The central administrative body of Rospatent considered 116 requests, while 1008 requests were forwarded for consideration to FIPS (division for monitoring the quality of rendering state services).

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

The highest number of requests comes from Central, Volga, North-Western and Southern districts. Requests from these districts amount to a sum of about 88% of the total number of requests from the Russian Federation.

Table 1.11.1

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

Requests addressed:

Number of Requests

To Rospatent

558

To Other State Bodies

564

To the Civic Chamber of the Russian Federation

2

To Subordinate Bodies of Rospatent

630

Requests as received from:

Number of Requests

From the Russian Federation

1686

From other CIS Countries

58

From other foreign Countries

10

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

Table 1.11.2

Distribution of requests received by Rospatent and its subordinate organizations from
the Russian Federation by Federal Districts

Federal district

Number of Requests Received from Federal District

Central

967

Volga

205

North-Western

134

Southern

178

Siberian

102

Ural

37

Far Eastern

33

North Caucasian

30

Table 1.11.3 contains data on the distribution of requests received by Rospatent and its subordinate organizations in 2009-2013 on the subject matter of requests.

Table 1.11.3

Data on the distribution of requests received by Rospatent and its subordinate organizations in 2009-2013 by groups of requests

Group of requests as sorted by the subject matter

Number of Requests

2009

2010

2011

2012

2013

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

808

779

564

539

607

Assistance to Inventors

377

341

295

292

397

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

196

131

116

98

169

Legal Issues

300

276

151

163

147

Payment of Patent Fees

150

77

78

97

158

Patent Information Services

237

180

57

43

80

Contracts (registration, disputes between the parties)

63

81

38

36

57

Publication (terms, errors)

25

22

15

17

35

Registration of Discoveries

35

16

13

24

22

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

68

40

6

7

1

Matter related to personnel and the work of patent attorneys

9

11

5

11

29

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

52

26

32

32

52

Total:

2320

1980

1370

1359

1754

The most numerous requests (63%) were related to the Pospatent’s procedure of rendering of public services.

As compared to the previous year, while there has been an increase in the total number of requests, the number of requests related to payment of fees has increased. This is caused by amendments of the legislation regulating the payment of fees.

There is also an increase in the number requests related to examination of applications, providing of patent information services and granting of title of protection.

Significant part of the received requests in the reporting period (37%) were not directly related to the immediate activities of Rospatent. Such requests raised issues related to assistance in preparation and filing of applications, introduction of patent objects and innovation proposals, providing of financial and other assistance for inventors while patenting and implementing of innovations, consideration of discoveries, violation and restoration of rights and others.

From the total amount of the requests considered 76.7% are applications, 19.5% are complaints (all relate to the procedure of rendering state services) and the remaining 3.8% are proposals.

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

Received complaints were considered subject to the provisions of Article 11.2 of the Federal Law № 210-FZ.

In connection with the receipt of complaints found reasonable on the results of its consideration, appropriate measures were taken to eliminate detected violations and to prevent in future causes that led to the receipt of complaints.

In the reporting period the share of reasonable complaints concerning the violation of the procedure of rendering state services per one thousand applications for all objects of intellectual property (more than 144 thousand applications were filed) was 0.32. As compared to 2012 this index has slightly increased. For patent applications (more than 65 thousand applications were filed) the share of reasonable complaints per one thousand applications was 0.40. For applications for the state registration of means of individualization (more than 64 thousand applications were filed) this index was 0.32.

Complaints on applications for industrial designs, appellations of origin, registration of software, databases, topography of integral circuits recognized reasonable by the results of its examination in 2013 hadn’t been received.

In comparison with 2012 it was noted an increase of index of reasonable complaints due to the procedure of providing public services on objects of patent law, and in relation to the means of individualization this index decreased.

Requests of citizens concerning consultations

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

Consultations are provided orally in case of direct inversion to CAS, including consultations by phone. Additionally consultations are provided by e-mail and through the official website of Rospatent.

During the reporting period CAS received 59473 requests in total, in relation to which consultations and references on 111533 issues were provided:

40846 requests on 50954 issues were received by the information division of CAS by phone;

1622 requests on 5913 issues were received by Rospatent and FIPS by e-mail and through the official website;

17005 requests on 54666 issues were received by the division of CAS providing oral consultations.

As usual, the most issues applied to the drafting, filing and consideration of applications and titles of protection, including more than half of the issues related to the trademarks.

During the provision of consultations the most frequently asked questions were revealed. In order to raise awareness of users and accessibility of public services answers to the frequently asked questions have been posted on the official websites of Rospatent and FIPS.

In general, as compared to 2012 in 2013 the total number of requests received by all divisions of CAS remained almost at the same level. While the number of consultations received by the division of CAS providing oral consultations decreased, and the number of applications received in electronic form has increased about 32%.



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