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Annual report of Rospatent 2013 (Section 6)

 

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6.1. Scientific activity

6.1.1. Science and Technology Councils of Rospatent and FIPS

The Science and Technology Councils (SТС) of Rospatent and FIPS are consultative bodies under the Director General of Rospatent and the Director of FIPS, which on the basis of senior officials’ directives carry out panel discussion and work out proposals for issues on management of scientific, scientific-technical, scientific-legal and informational activity of Rospatent and FIPS.

Due to the structural and personnel changes in 2013 the list of STC members was updated as well as list of STC sections’ members. The unified structure of the STC of Rospatent and FIPS accounts for 91 members, including 6 doctors of sciences and 30 candidates of sciences.

The STC consists not only of employees of Rospatent and FIPS, but also the representatives of the subordinate to Rospatent authorities: the Federal Agency for Legal Protection of the Results of Intellectual Activity with Military, Special and Dual Purposes (FAPRID) and the Russian State Academy of Intellectual Property (RGAIS), representatives of the Council of the Federation Committee on Science, Education, Culture and Information Policy of the Federal Assembly of the Russian Federation, Administrative Department of the President of the Russian Federation on science and education policy, the Ministry of Defense of the Russian Federation, Department of Innovative Development of the Ministry of Economic Development of the Russian Federation, Administrative Department of the Center of information technologies and executives authorities’ systems, which is a subordinate authority of the Ministry of Education and Science of the Russian Federation, Institute of Legislation and Comparative Law under the Government of the Russian Federation, the State Corporation “Rostec”, Moscow State University (MGU), National University of Science and Technology (MISIS), public organizations such as the All-Russian Society of Inventors and Innovators, Moscow Organization of Inventors and Innovators, the Interregional public organization for promotion of patent attorneys activity “Chamber of Patent Attorneys”, the Interregional public organization “Union of patent attorneys”, the Regional public organization “Saint-Petersburg collegiums of patent attorneys”, representatives of other organizations and notable patent attorneys.

In 2013, 8 meetings of the STC of Rospatent and FIPS were held. 19 presentations and reports were considered and as a result the corresponding decisions were adopted.

The most important issues considered at joint sessions of the STC were as follows:

  • results of Rospatent activities in 2012 and tasks for 2013 taking into account fulfillment of the Comprehensive Plan of Rospatent system development till 2015;
  • results of comparative analysis of information search systems PatSearch and Epoque;
  • prospects of patent search system development for examination of inventions and planned activities on PatSearch development;
  • activity of Technology and Innovation Support Centers (TISC) in the Russian Federation;
  • preparation of the Concept for development of TISC network in the Russian Federation;
  • e-filing of applications for invention and correspondence with applicants in electronic form;
  • monitoring results of quality of provided public services in 2012;
  • legal protection of state interests in the process of economic and civil circulation of the results of research, development and technological works of military, special and dual use;
  • state promotion of utilization of the results of research and development works for military use;
  • publication of official information about intellectual property objects on Rospatent’s web-site. Opportunities and prospects;
  • development of support for examination decisions in the PatSearch system;
  • issues of accession of the Russian Federation to the Hague Agreement;
  • problems of archival storage of documents in FIPS;
  • implementation of strategy for development of information technologies in FIPS.

In April and June 2013 ceremonial meetings of the STC devoted to the International Intellectual Property Day as well as Inventor and Innovator Day were held. During the meetings authors and patent holders, which have been selected in the list “100 The Best Russian Inventors” for 2012, a number of inventors, Rospatent and FIPS employees were awarded by the diplomas and Rospatent medals, Certificates of the Honor of the All-Russian Society of Inventors and Innovators (VOIR) and diplomas of the Moscow International Salon of Inventions and Innovations Technologies “Archimedes”.

More detailed information on joint meetings and taken decisions of the STC are available on Rospatent web-site in section “Scientific Activity”.

Besides in 2013 the following sections of the STC were held: “Issues of Legal Protection and Examination of Intellectual Property Objects”; “Information Technology and Computerization”; “Economic and Organizational Issues”.

Totally 11 meetings of the STC sections were held and 27 issues were considered. Special attention was given to consideration and discussion of final reports on results of performance of the R&D as well as reports on performance of R&D stages. At the meetings of the STC sections the draft R&D Plan for 2014 on the abovementioned issues was considered and approved.

6.1.2. Scientific researches carried out by FIPS

In 2013 FIPS’s scientific activity was carried out in accordance with the R&D Plan of FIPS approved by Director General of Rospatent in three areas:

  • issues of legal protection and examination of intellectual property objects;
  • information technology and computerization;
  • economical and organizational issues.

Scientific researches were carried out on 13 issues, on 8 of which final reports were prepared.

In the field of the legal protection and examination of intellectual property objects were prepared:

  • proposals on introduction of amendments to the Civil Code of the Russian Federation, that were included in the draft law being considered by the State Duma in the second reading, to the secondary legislation on industrial designs and guidelines on industrial designs and trademarks that aim at establishing common approaches when applying homogeneous provisions of law, which regulate granting of legal protection to industrial designs and trademarks in similar cases, as well as proposals on use of the same information resources;
  • summary and justification of Russia’s accession to the Geneva Act of the Hague Agreement.

In the field of information technology and a computerization were prepared:

  • recommendations on the use of data on the actual range of goods of one producer in practice of examination of the list of goods and services and settlement of disputes on its homogeneity;
  • proposals on optimization of technology for processing of international applications for inventions when performing the function of international search authority, including proposals on organization of e-document flow (РСТ ЕDI) between the Russian International Search Authority (ISA/RU) and the US International Receiving Office (RO/RU);
  • proposals on development of the search system PatSearch with regard to the search of “ the similar documents” in the system of patent search for examination of inventions;
  • recommendations on the effective use of centralized storage of electronic data on documentation flow objects.

In the field of economical and organizational issues were prepared:

  • draft methodology for identifying critical (limit) value of indicators for information security and analytical materials that contain characteristics of certain aspects of patenting in the field of information and telecommunication technologies;
  • drafts of new versions of Procedures that regulate the issues of planning of scientific researches in FIPS, performing scientific researches and preparation of reports on carried out activities, preparation and forwarding of R&D documents to registration and communication of information to mass media as well as storing R&D materials and familiarization with them;
  • instructions on planning, loading and tracking of labor of FIPS employee with regard to scientific and technical activity;
  • form of Individual work plan of research employee with regard to scientific and R&D activity;
  • form of Report of research employee on performing Individual plan with regard to scientific and R&D activity;
  • draft Statute on tender for R&D works of specialists of the Federal Institute of Industrial Property, including:

procedure for evaluation of R&D works;

form of Annotated report on R&D;

form of application for participation in tender.

More detailed information on R&D, performed by FIPS, is given on Rospatent web-site in section “Scientific Activity”.

The results of R&D are used in practice when performing works in main areas of FIPS activity that are fixed in the Statute.

The results of scientific and research activities are reflected in producing of books, publications in specialized magazines as well as in reports of the scientific and practical conferences, seminars, forums, etc.

6.1.3. Scientific activity of the Russian State Academy of Intellectual Property

In 2013 scientific activity in the Russian State Academy of Intellectual Property (hereinafter referred to as RGAIS) was carried out by teaching staff with the involvement of post-graduate students and students of RGAIS in form of scientific researches, scientific events (conferences, forums, seminars), etc.

During the reporting period RGAIS performed the scientific researches (hereinafter referred to as R&D), including “Development of recommendations on the use of international experience in trademark registration”, “Analysis and introduction of amendments in existing Statute on intellectual property in OJSC ALROSA”, ”Development of the professional standard “Patent specialist”, “Establishing of the system of intellectual property management in North-Eastern Federal University n.a. M. K. Ammosov”, “Audit of the created results of intellectual activity for registrability for the needs of the State Atomic Energy Corporation ROSATOM”.

RGAIS closely cooperated with Rospatent in preparation of list of topics for R&D and dissertational theses for the Rospatent system. Implementation of R&D results into educational process continues.

In 2013 students actively conducted scientific researches. In March-April, 2013 the All-Russian Contest of Scientific Research Works of Students (hereinafter referred as the Contest) was organized on the threshold of Intellectual Property Days. In 2013 the winner of the Contest was R&D of 1st year students of the Law Faculty “Development of practical recommendations on enforcement of exclusive rights of authors (through the example of audiovisual works)”, which practically resulted in filing and further approbation of the Contest’s materials in a number of scientific inter-academic activities and publication of an article in research and practice magazine “Copyright”.

In 2013 scientific and educational project “Smart team” implemented in 2 stages (training and R&D work, approbation of the results of training and R&D, preparation of reports). The project is implemented through the following activities: training, R&D and approbation of the results. Training includes course of lectures for candidates on the issues of copyright and related rights, industrial property rights, enforcement of the results of intellectual activity, intellectual property evaluation and management. Approbation of the results of training and R&S is the key element of the project and a practical confirmation of knowledge in the field of intellectual property obtained by the candidates in the process of training in RGAIS in the framework of project program. In order to approbate the results of training and R&D candidates visit region of the Russian Federation, that were selected basing on requests from the regions in accordance with the project rules, aiming at practical teaching of young people to the basics of intellectual property in the regions of the Russian Federation.

Activities of the Student Scientific Society (hereinafter — the Society) is developing rapidly. Currently more than 65 students are members of the Society. Main goal of the Society is to activate and promote scientific activities in RGAIS.

The student’s scientific inter-academic cooperation is developing further. All-Russia Student Council on Intellectual Property as an integrative inter-academic student’s platform on the basis of RGAIS continues its active work.

In 2013 scientific and analytic work was carried out within the Council on intellectual property under the Chairman of the Council of the Federation of Federal Assembly of the Russian Federation, members of which are: the Rector of RGAIS and expert of the scientific department – the Chairman of the All-Russia Student Union on Intellectual Property.

During 2013 sessions of scientific schools of RGAIS were held: Copyright Schools, Schools for Industrial Property and Schools for Intellectual Property Management. Activity of the scientific schools is carried out in order to improve the level of professional training, advanced practical study of current issues, conducting scientific researches in related branches of law, economics and intellectual property management, direct interaction and cooperation of students, postgraduate students, young scientists, teachers, practitioners and is aimed at studying and developing of fundamental scientific approaches in theory of law.

In 2013 the work of the scientific schools of RGAIS got a new form of development – field trips. The first field trip in the sphere of intellectual property “IP Business Start” was held on 9-13 of September in the Irkutsk State Technical University in the framework of activities on selection and preparation of innovative companies to Baikal venture fair. The scientific school was held for representatives of small and medium innovative enterprises of Angara region, members of start-up companies, authors of innovative solutions, representatives of innovation infrastructure (technology parks, business incubators, etc.), employees of patent divisions of enterprises and universities.

During round tables and colloquiums the participants discussed current practical issues of intellectual property protection, management and commercialization in operation of small innovative enterprises, technology parks, business incubators and centers of technology transfer. Practitioners provided legal information on intellectual property, including on issues of commercialization of protected results of intellectual activity.

For the first time from 8 of February to 22 of April 2013 the international competition for the best scientific publication in the field of IP “IP BOOKS-2013” was held. Expert commission of the competition received 35 scientific publications in 5 nominations (copyright, industrial property right, intellectual property management, intellectual property economics, training in the field of intellectual property) from the following Russian towns: Moscow, Nizhny Novgorod, Irkutsk, Novosibirsk, Yoshkar-Ola, Tver, Perm, etc. Of foreign participants the scientific publications were received from Kazakhstan.

In 2013 Collections of Scientific Papers of RGAIS have been issued: materials of seminars, Collections of Scientific Papers (“Intellectual Property: theory and practice”), magazine “Copyright”, Collections of Scientific Papers of post-graduate students as well as Collections of Scientific Papers of All-Russia Science and Practice Conference of Young Scientists “History of the development of legal and economic relations. Legal protection and management of the results of intellectual activity in a retrospective”, coincided with the bicentenary of publication of the Manifesto dated of 17 July 1812 “On the privileges on different inventions and discoveries in the arts and crafts”.

In 2013 subscription index of the RGAIS’s magazine “Copyright” was obtained. The work on including the magazine in the List of the magazines recommended by the State Commission for Academic Degrees and Titles continues. During the reporting period 4 issues of the magazine “Copyright” were published.

Work of Scientific and Methodical Council for Intellectual Property with a view of realization of scientific potential and enhancement of educational process by means of the organization, carrying out, control and coordination of scientific, scientific research and scientific and methodical work of professorship and teaching staff of RGAIS has proceeded.

According to the statutory documents, RGAIS has the right to carry out consulting and expert activity. During 2013 RGAIS received 57 inquiries on preparation of scientific and expert conclusions and written consultations. The subject of prepared conclusions and scientific consultations was related to the issues of copyright, patent law, the means of individualization and damage evaluation related to infringement of protected results of intellectual activity. The number of courts’ decisions on assignment of RGAIS as an organization, which is responsible for conducting forensic examination, increased. This indicates the high level of carrying out of such work by the RGAIS specialists. Carrying out of applied researches help teachers to get good practical material which they use during lectures and seminars.

6.2. Training and improvement of professional skills of employees

6.2.1. Training of civil servants Rospatent

In 2013 civil servants of Rospatent were trained under the programs of improvement of professional skills at the Moscow City University of Management of the Moscow Government and the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation.

At the Moscow City University of Management of the Moscow Government was trained 1 civil servant for each of the below mentioned programs:

  • Project management practice;
  • Practice of conducting an auction in electronic form;
  • Information-analytical support of management processes;
  • Accounting in budget organizations.

In the Russian Academy of National Economy and Public Administration under the President of the Russian Federation was trained 1 civil servant for each of the below mentioned programs:

  • Russian economy and WTO;
  • Psychological support of activity of civil servants;
  • Internet-based technologies in state administration and policy;
  • Functions of human resource departments of the federal public authorities on prevention of corruption and other violations of law;
  • Issues related to accession and participation of the Russian Federation to the WTO. Peculiarities of multilateral regulation in the field of services, investment and trade-related aspects of intellectual property rights;
  • Organization of work with open data in government bodies.

6.2.2. Training of RGAIS specialists

6.2.2.1. Training of specialists with higher education

In total in 2013 the higher education program was completed by 204 persons, of which:

  • full-time education - 126 persons (106 specialists, 20 magisters);
  • part-time education - 15 persons (bachelors);
  • education by correspondence - 63 persons (specialists).

As of 31.12.2013 in RGAIS there are 761 students, of which 501 persons have full-time education and 260 persons – correspondence education.

In 2013, for the purpose of methodological support of educational activity, 170 teaching packages were developed, approved and published.

According to the results of state accreditation of RGAIS, that was held by Rosobrnadzor in August 2013, RGAIS obtained the Certificate on state accreditation No. 0840 of 18 of November 2013 (series 90А01 No 0000899).

6.2.2.2. Advanced training and professional retraining of specialists

In 2013 RGAIS continued to implement programs for advanced training and professional retraining.

In 2013 10 educational and 9 distance learning programs were updated and newly developed. The advanced training program “Training of candidates to patent attorneys” was developed and approved by Rospatent specialists. As of the end of 2013 the total number of developed and approved programs is more than 30.

The development of additional programs was carried out to fulfill orders of enterprises and organizations for training of their specialists basing on the level of their qualification. The training programs for specialists of the branch of Central Forensic Customs Authority, JSC Russian Railways, JSC Russian Helicopters were developed and approved by the educational board.

The number of specialists completed the professional retraining programs is in Table 6.2.2.2.1.

Table 6.2.2.2.1

Specialists completed the professional retraining programs

Name of program

Number of students

Intellectual property. Patenting

41

Intellectual property legal protection and enforcement

12

Patent specialist

13

Total:

66

The number of specialists completed advanced training programs is in Table 6.2.2.2.2.

Table 6.2.2.2.2

Specialists completed the advanced training programs

Name of program

Number of students

Training of candidates to patent attorneys “Inventions. Utility models.”

19

Training of candidates to patent attorneys “Trademarks, service marks and appellations of origin”

32

Intellectual property in innovation activity of enterprise

7

Legal protection and commercialization of right to results of intellectual activity (Yakutia)

38

Seminar of the Russian Foundation for Technological Development “Patent disputes”

13

Seminar “Practical training on foreign patenting”

12

Seminar “Practical training on preparation of application for granting a patent to inventions and utility models, industrial designs”

12

Seminar Accounting and taxation of intangible assets: practical training

12

Seminar “Evaluation of intangible assets (inventions, utility models, industrial designs, know-how)”

20

Advanced training for examiners, who examine applications for inventions and utility models (FIPS)

30

Protection of the results of intellectual activity and their further commercialization (Russian Railways)

30

Seminar of the Russian Foundation for Technological Development “Agreements in the field of patent law and patenting according to international patenting procedures

12

Examination of trademarks and copyright objects (Central Forensic Customs Authority)

5

Total:

242

In 2013 RGAIS carried out advanced training on various intellectual property issues with the use of distance learning technologies for specialists with professional education. The number of students is in Table 6.2.2.2.3.

Table 6.2.2.2.3

Specialists with higher professional education completed advanced training with the use of distance learning technologies

Name of program

Number of students

Objects of patent law, means of individualization and its examination

18

Legal protection of copyright and related rights

10

Patent law

5

Legal protection and enforcement of cinematographic works

10

Legal protection and enforcement of intellectual property

11

Foreign patenting of industrial property objects

2

Basics of patent research

3

Knowledge management: basics of innovation economy

1

Total:

60

Students were interested the most in programs: “Objects of patent law, means of individualization and its examination”, “Legal protection of copyright and related rights”, “Legal protection and enforcement of cinematographic works”, “Legal protection and enforcement of intellectual property rights”.

The Center of innovative educational technologies of RGAIS performs the whole complex of hardware and software support of distance learning.

The results of distance learning through WIPO programs in the framework of Rospatent regional policy reflected in Table 1 of Annex 5 of the present Report.

6.2.3. Organization of education and advanced training of FIPS specialists

Organization of education and advanced training of FIPS specialists is carried out within the Unified Training System (UTS) under the principle of continuity with the use of internal and external form of education starting from the date of hiring. Ensuring of conditions for continuous advanced training for employees is provided by the Statute of FIPS.

6.2.3.1. Organization of training for FIPS employees with the use of internal forms

According to the Consolidated plan of internal training of employees in 2013 that was approved by the Director of FIPS, the following activities were held:

  • 26 centralized studies (for heads of divisions, their deputes and leading specialists of FIPS on practical issues in relevant fields of activity and targeted at various categories of employees);
  • 520 studies in FIPS divisions in accordance with quarterly plan on internal training (which dedicated mainly to studies newly adopted governing documents, issues on carrying out examination as well as analysis of the results of internal and external quality control of examination and performance of work in certain divisions; the studies were carried out by the head of that divisions).

The training of examiners on the usage of various search systems was carried out. The main focus was on studying techniques of search in Rospatent search system PatSearch (see Section 4 of the present Report).

In the framework of experience exchange with international patent authorities 2 workshops on enforcement practice of other patent offices (the EPO, the USA) were conducted in Rospatent for experts and administrative officials of FIPS. 166 specialists participated in these workshops.

The specialists of the research-and-production enterprise GARANT-SERVICE LLC conducted a number of workshops on the upgraded version of the system GARANT-AERO. 22 FIPS specialists participated in the workshops.

6.2.3.2. Advanced training of young examiners of FIPS

Advanced training of the young examiners is carried out on a contractual basis financed from the budget through holding by FIPS an open tender and signing a civil law contract with an educational institution which won the tender.

In 2013 following the results of the open tender on advanced training of FIPS young examiners in the field of invention and utility model examination, the civil law contract of the publicly funded institution was concluded with RGAIS.

In accordance with the contract concluded in 2013 the training of 11th class of FIPS young examiners of 33 persons was organized and held. The training was carried out in accordance with the educational plan with duration of 220 academical hours.

6.2.3.3. Training programs of higher professional education

In 2013, under the program of higher professional education in RGAIS, 18 FIPS employees continued their training, of them 4 employees were trained at the expense of FIPS (first higher education). 1 person defended a thesis, 3 persons continue their training.

14 employees were trained at their own expense (of them 12 employees were getting first higher education and 2 employees – second higher education). In 2013 5 persons defended their thesis (of them 3 persons – first higher education and 2 persons –second higher education).

6.2.3.4. Postgraduate education in RGAIS

7 FIPS employees were getting postgraduate education in RGIAS, of them – within the targeted admission, 6 employees (including 2 external students) entered on their own initiative (1 person successfully defended the thesis).

6.3. Certification and Registration of Patent Attorneys

6.3.1. Maintaining the patent attorneys’ Register as well as supervising of fulfillment by patent attorneys of the requirements provided by the Russian legislation

The Federal Law of December 30, 2008 № 316-FZ «On the Patent Attorneys» (hereinafter referred as the Federal Law) and the Resolution of the Government of the Russian Federation of March 21, 2012 № 218 «Issues of the Federal Service» assigns to Rospatent the responsibility to carry out certification and registration of patent attorneys, issuing the registration certificates as well as supervising of fulfillment by patent attorneys of the requirements provided by the Russian legislation.

In this connection the terms and sequence of actions at realization by Rospatent the appropriate state function (service) regarding patent attorneys’ activity provided by the Administrative Regulations of the Federal Service for Intellectual Property, Patents and Trademarks to Fulfill the Functions Incurred by the State on Attestation and Registration of Patent Attorneys of the Russian Federation as well as granting registration certificates to patent attorneys and the control over performance by patent attorneys of the requirements provided by the legislation of the Russian Federation, confirmed by the order of the Ministry of Education and Science of the Russian Federation from October 5, 2009 № 368 registered by Ministry of Justice of the Russian Federation from February 2, 2010, (registration № 16201) (hereinafter referred as Administrative Regulations).

In 2013 the Institute of Patent Attorneys of the Russian Federation celebrated its twentieth anniversary. Despite the fact that in 1992 the Patent Law of the Russian Federation dated September 23, 1992 № 3517-1 and the Law of the Russian Federation dated September 23, 1992 № 3520-1 «On Trademarks, Service Marks and Appellations of Origin” were adopted which introduced the concept of a patent attorney, the beginning of functioning of Institute of Patent Attorneys in the Russian Federation was set by the Statute of Patent Attorneys approved by the Resolution of the Council of Ministers of the Government of the Russian Federation № 122 of February 12, 1993.

On July 1, 1993 in the Register of Patent Attorneys of the Russian Federation (hereinafter referred as the Register) was registered the first patent attorney of the Russian Federation. For the past twenty years the number of patent attorneys increased significantly, on December 31, 2013 in the Register there were registered 1612 patent attorneys, 1585 of them were acting.

For the last period the Institute of Patent Attorneys also underwent some significant changes. The Federal Law that entered into force on April 1, 2009 specified requirements to patent attorneys, the order of their certification and registration, defined the rights, duties and responsibility of patent attorneys as well as a number of persons who could not be certified or registered as patent attorneys.

The Federal Law introduced the specific list of specializations with regard to which the certification of a person as a patent attorney could be done. A new specialization - “Computer Programs, Databases, Topographies of Integrated Circuits” (CP, DB, TIC) was introduced with regard to which the certification was not carried out earlier. Since the entry into force of the Federal Law 42 patent attorneys were certified for this specialization, 12 of them - in 2013.

Considering the requirements of the changed legislation a great work on analysis of information contained in the Register as well as information posted on the official web-site of Rospatent in Section «Patent attorneys» was done. Later on the qualifying commission of Rospatent continuously performed work to bring the above information to conformity with the applicable legislation, in particular with regard to the content of records on the form of performing by a patent attorney his professional activity as well as specialization in relation to which a patent attorney was certified. In 2013 the details with respect to records of 146 patent attorneys were specified.

In conformity with Paragraph 8, Part 4 of Article 7 of the Federal Law in the Register there was added a new Chapter - name of a public association or self-regulatory organization of patent attorneys, a member (participant) a member of which is a patent attorney. In 2013 work on the entry in the Register the information on participation of patent attorneys in voluntary associations continued.

In accordance with Part 6 of Article 7 of the Federal Law a new certificate of a patent attorney is issued under change of information included in the certificate of a patent attorney as well as at the loss of the certificate by a patent attorney. In 2013 4 duplicate copies of patent attorneys’ certificates were issued.

In order to update the information on patent attorneys and to provide true information to third parties during 2013 some work on modifying the Register as well as information posted on the official website of Rospatent was carried out. In accordance to Part 5 of Article 7 of the Federal Law, a patent attorney is obliged to forward information about all changes in data contained in the Register in 30 days from the date of occurrence of such changes. During 2013 144 changes in the information relating to the registered patent attorneys was made in the Register.

Any person may receive an extract from the Register that contains published information on the registered patent attorneys in accordance with Part 7 of Article 7 of the Federal Law by filing a request to Rospatent. In 2013 upon request of law enforcement bodies in accordance with Part 5 of Article 7 of the Federal Law one extract from the Register was prepared that contained information in particular on the status of a patent attorney of the Russian Federation, specialization and a number of issued certificates.

An important new statute of the Federal law was that the composition of the qualification and appeal commissions of Rospatent would have to include representatives from the patent attorney community, candidates of which represent associations or self-regulatory organizations of patent attorneys. For four years these commissions work under direct participation of patent attorneys. Thereby already once in 2012 the rotation of patent attorneys took place as provided by the provisions of Part 2 of Article 6 and paragraph 2 of Article 9 of the Federal Law.

Another new statute of the Federal Law concerned considering complaints with regard to patent attorneys whose actions caused harm to persons the rights and legitimate interests of which they represented. According to the results of such complaints Rospatent has a right to send an action about taking to a patent attorney serious responsibility measures such as stopping his activity up to one year or exclusion from the Register for a period of 3 years with the possibility of later retrieval with certification or without it. Since the Federal Law entered into force the appeal commission of Rospatent repeatedly issued warnings to patent attorneys and with regard to two patent attorneys ( I.V.Grigorev and V.K.Chakilev) on actions of Rospatent the courts took sanctions in the form of stopping respectively the activity up to one year as a patent attorney and stopping for a period of 3 years the activity as a patent attorney with the possibility of later retrieval subject to requalification.

In 2013 based on the decision of the appeal commission of Rospatent patent attorney of the Russian Federation Mr. M. Zvonarev was issued a warning regarding improper execution of contractual relations in the field of the patent attorney activity exercised on behalf of a client as well as negligent attitude to documents in execution of duties to ensure timely receipt and transmission of correspondence to patent attorneys while executing the order.

Information about complaints, in particular decisions of the appeal commission of Rospatent on issuance of warnings to patent attorneys as well as on judicial decisions adopted according to the results of consideration of the claims for imposing sanctions to patent attorneys is entered in the Register and posted on the official website of Rospatent.

6.3.2. The organization and conduction of works on certification of patent attorneys

According to Part 7 of Article 6 of the Federal Law qualification exam on certification of patent attorneys of the Russian Federation and the patent attorneys wishing to expand their area of practice is conducted via 5 specializations, namely “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integrated Circuits” (CP, DB, TIC).

The Russian State Academy of Intellectual Property (RGAIS) which is under Rospatent jurisdiction offers all interested parties to be trained at short-term courses of improvement of professional skills «Training of candidates to patent attorneys» under all five mentioned areas of practice.

In 2013 employees of the Institute of Further Training and Professional Retraining of RGAIS while carrying out works on updating the program of the mentioned courses recommendations of Rospatent employees and members of the qualification commission of Rospatent prepared according to the results of the analysis of the results of qualification examinations conducted after the Federal Law and the Administrative Regulations entered into force. According to the results of RGAIS work new educational theme-based plan of program of further training «Training of candidates to patent attorneys» was approved.

In 2013 the qualifying commission of Rospatent carried out work on organizing consultations for persons who are admitted to the qualification examination. Such consultations were held three times per year before each exam in the following areas:

  • organizational issues regarding the exam and particularities of computer testing;
  • particularities of written work and practical tasks on different specializations.

Consultations are held by members of the qualification commission, experts of Rospatent and FIPS.

For citizens wishing to get the status of the patent attorney of the Russian Federation the necessary information which includes drawing up the application for certification and documents attached to it and preparing to the qualification examination is posted on the Rospatent official website in the “Patent Attorneys” section in sub-section «How to become a patent attorney».

6.3.2.1. Activity of the qualifying commission of Rospatent

The activity of the qualifying commission of Rospatent carried out on the basis of the Plan of action for 2013 that was approved by the qualifying commission and included activities on holding the qualification examination, on development of sets of examination tasks on specialization on the basis of Program of the qualification examination for certification of candidates to patent attorneys and the patent attorneys wishing to expand their area of practice to the specializations provided by law recommended by the qualifying commission of Rospatent on April 2, 2010.

In 2013 the qualifying commission of Rospatent according to the approved Plan of action organized work on developing sets of examination tasks to hold the qualification examination on the specializations provided by the Federal law and provisions of the recommended Program including computer testing tasks, practical tasks and cases.

Specialists of Rospatent, FIPS and members of the qualifying commission including patent attorneys - members of the qualifying commission took part in this work. Upon termination of each activity provided by the Plan of action the qualifying commission of Rospatent in accordance with Paragraph 11.1.4 of the Administrative Regulations approved and recommended the following documents:

  • set of examination tasks on development of computer testing for “Trademarks and Service Marks” (TM&SM), “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Appellations of Origin” (AO) specializations;
  • set of examination tasks on “ID” specialization;
  • set of examination tasks on “Patent fees”; “Issues of extension of the validity of patents and renewal of patents”;
  • set of examination tasks on “Disposition of an exclusive right on the results of intellectual activity and means of individualization”.

In 2013 Rospatent performing its function as a certifying body for citizens wishing to obtain the status of patent attorney of the Russian Federation as well as for patent attorneys of the Russian Federation wishing to expand their area of practice as per part 12 of Article 6 of the Federal Law within the specializations provided for by part 7 of Article 6 of the Federal Law conducted the certification via qualification exams for the following specializations: “Inventions and Utility Models” (I&UM), “Industrial Designs” (ID), “Trademarks and Service Marks” (TM&SM), “Appellations of Origin” (AO), “Computer Programs, Databases, Topographies of Integrated Circuits” (CP, DB, TIC).

Under part 4 of Article 6 of the Federal Law the process of certification involves:

  • verification of meeting the requirements for patent attorneys under parts 2 and 3 of Article 2 of the Federal Law and under part 13 of Article 6 of the Federal Law, which results in the decision to permit or to refuse the admission to the qualification exam;
  • the qualification exam, during which the candidate to a patent attorney is tested to have the knowledge and the respective practical skills necessary to practice as a patent attorney;
  • the decision to certify or to refuse to certify as a result of the qualification exam.

In 2013 Rospatent received 222 applications for certification as patent attorneys which were considered in due order.

In 2013 Rospatent conducted three qualification exams under the applicable law: February 25 – March 1, May 27 - May 31 and October 28 – November 1, 2013.

By decisions of the qualifying commission of Rospatent of January 11, 2013, April 12, 2013 and September 13, 2013 were allowed to attend certification on the basis of the submitted applications 179 persons and by decision of the appeal commission dated September 27, 2012 - 1 person.

By decisions of the qualifying commission of Rospatent were not admitted to attend certification:

  • 38 persons due to non-compliance of the presented documents to clause 4 of part 2 of Article 2 of the Federal Law according to which as a patent attorney can be certified and registered a citizen of the Russian Federation who has a higher education and at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization;
  • 5 persons due to non-expiration of six months term from the date of making decision by the qualifying commission of Rospatent on refusal to certify as provided for by part 13 of Article 6 of the Federal law;

164 persons took part in the qualification exam, while 16 of them in accordance with Paragraph 11.4.4 of the Administrative Regulations duly informed the qualifying commission in due course of the failure to take part in the exam for health reasons or by the other reasonable excuse. These persons will have the opportunity to attend the following qualification examination in a suitable time for them as provided for by Paragraph 11.4.4 of the Administrative Regulations.

By decisions of the qualifying commission of Rospatent of April 5, 2013, June 28, 2013 and November 29, 2013 considering specializations 119 persons were certified as patent attorneys, among them:

  • 95 persons that received the status of patent attorney of the Russian Federation for the first time, provided that 1 of them was certified for 3 specializations (TM&SM; I&UM; ID), 1 of them were certified for 2 specializations (TM&SM; AO), 93 were certified for 1 specialization (49 for TM&SM, 37 for I&UM, 39, 5 for CP, DB, TIC, 1 for ID; 1 for AO);
  • 24 patent attorneys of the Russian Federation that expanded their area of practice, provided that 3 of them were certified for 2 specializations (ID; CP, DB, TIC; TM&SM; AO;) and 21 of them were certified for 1 specialization (5 for TM&SM; 6 for ID, 4 for CP, DB, TIC; 2 for AO).

By decisions of the qualifying commission 45 persons as patent attorneys were not certified due to negative results of the qualification examination.

Information on the results of certification of candidates to patent attorneys and patent attorneys wishing to expand their area of practice to the specializations is given in Diagram 1 and the dynamics of registering of patent attorneys by year – in Diagram 2.

Diagram 1

Information on the results of certification of candidates to patent attorneys and patent attorneys that expanded their area of practice (persons)

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Diagram 2

Dynamics of Certification of Patent Attorneys on an Annual Basis

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* As on December 31, 2013 in the Register of Patent Attorneys of the Russian Federation there were registered 1612 patent attorneys. In accordance with the provisions of Article 8 of the Federal Law 27 persons were excluded from the Register. In this regard, the number of acting patent attorneys of the Russian Federation is 1585 persons.

Information on the distribution of patent attorneys in federal districts of the Russian Federation is shown in Diagram 3 and Table 2 of Appendix 5 to this Report.

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6.3.3. Activity of the appeal commission of Rospatent

The activity of the appeal commission of Rospatent is governed by the Federal Law and the Administrative Regulations.

In 2013 the appeal commission of Rospatent held 3 meetings (on February 20, July 26 and November 27) at which 13 appeals from candidates to patent attorneys as well as from patent attorneys wishing to expand their area of practice to the decisions of the qualifying commission of Rospatent that is 2 appeals less than in 2012 are considered.

In relation to 9 appeals of candidates to patent attorneys the appeal commission of Rospatent agreed with decisions of the qualification commission.

In relation to 2 appeals the appeal commission of Rospatent in accordance with Paragraph 12.4 of the Administrative Regulations recommended the qualifying commission to re-examine the question of admission of the candidates to patent attorneys for the qualification examination.

In 2 appeals of candidates to patent attorneys the appeal commission came to the conclusion that it was necessary to consider appeals more comprehensively and make decisions on them taking into account the analysis of actual court practice regarding the enforcement of part 2 of Article 2 of the Federal Law. The appeal commission will come back to considering these appeals after submission to Rospatent of legal acts entered into force.

In 2013 among 13 appeals received from candidates to patent attorneys and patent attorneys wishing to expand their area of practice 7 appeals were regarding the decisions of the qualifying commission to refuse certification due to unsatisfactory results of the qualification examination that is considerably less than in previous years. As a result of the examination of these seven appeals the appeal commission agreed with the decisions of the qualification commission. Apparently it may be related with the fact that in order to improve work on examination of candidates to patent attorneys the appeal commission submitted to the qualifying commission proposals to update examination tasks and to amend actual tasks. These proposals were considered by the qualifying commission including the development and approval of new sets of examination tasks for the qualification examination.

In 2013 the appeal commission considered 5 appeals to actions of patent attorneys of the Russian Federation that is twice less than in 2012 (11 appeals). In accordance with Paragraph 12.3.2 of the Administrative Regulations the appeal commission forwarded notifications to patent attorneys of the appeals to their actions with attachment of copies of appeals and they were offered to submit to the appeal commission explanation regarding motives stated in the appeals for consideration at the meeting of the appeal commission in accordance with Paragraph 12.3.3 of the Administrative Regulations.

In 1 appeal the appeal commission made a decision that the appeal was beyond its authority as provided for by Paragraph 3 of Article 9 of the Federal Law. At the same time members of the appeals commission expressed a special opinion on inadmissibility of a patent attorney to neglect his activities in the interest of the applicant, especially while completing documents.

After considering of 2 appeals the appeal commission made a decision that the appeals were reasonable and on issuance of a warning in accordance with point 1 of part 6 of Article 9 of the Federal law.

After considering of 2 appeals the Appeal Commission came to the conclusion that for full and comprehensive examination of the appeals and for taking a reasonable decision in accordance with Paragraph 12.3.3 of the Administrative Regulations it is necessary to get clarifications from patent attorneys concerning whom the appeals were filed and further clarifications from persons who filed the appeals.

The sessions of the appeal commission were held regularly upon the receipt of appeals. All appeals were considered and the responses sent in due time.

Along with it there were also postponements in considering certain appeals according to the procedure established by the Administrative Regulations caused by the necessity to demand additional materials, clarifications (information) regarding the appeals from patent attorneys or their opponents. In all cases patent attorneys against whom appeals were filed, and their opponents who filed the appeals were informed of the postponements in considering the appeals.

6.4. Conferences, Seminars, Round Tables

Rospatent gives great attention to promotion of the role and importance of intellectual property and its legal protection. For the said purpose Rospatent along with its subordinate FIPS and RGAIS annually holds conferences, seminars and round tables, both in Moscow and in the regions of the Russian Federation (see Section 1.9 of Report).

While carrying out these activities are implemented in practice:

  • communication to the participants of these events the actual information on matters relating to provision of legal protection to industrial property objects, transfer of rights in them, legal enforcement, prevention of unfair business practices, development of information technologies, economic and organization problems in the field of IP, activity of Technology and Innovation Support Centers (TISC) in the Russian Federation.
  • exchange of the practical experience between specialists in the field of intellectual property on the issues of legal protection of patents, means of individualization and copyright;
  • direct informing the Rospatent top management and specialists of questions and proposals of participants of conferences and other events for a wide range of issues in the field of intellectual property protection.

The main major events held in Moscow:

Science and Practice Conference of Rospatent “Role of Patent System in innovation development of economy in Russia”, April 4, 2013 within the framework of the ХVI Moscow International Salon for inventions and innovation technologies “Archimedes - 2013” in Sokolniki.

The organizers of the event were Rospatent and FIPS.

In work of the Conference took part representatives of:

  • international organization (WIPO);
  • International Licensing Association (LES);
  • administrative-and-managerial structures and other organizations of some regions of the Russian Federation.

Approximately 175 persons participated in the Conference including 2 representatives from foreign countries: Switzerland and Ukraine.

Number of represented regions of Russia is 19 (Moscow, Moscow Region (Krasnogorsk, Obninsk), St. Petersburg, Ryazan, Volsk, Smolensk, Yakutsk, Belgorod, Chelyabinsk, Omsk, Tula, Cheboksary, Makhachkala, Tambov, Voronezh, Kazan, Krasnodar, Murmansk, Yoshkar-Ola).

During the Conference 16 reports were heard and a Round table on the subject matter of the Conference was conducted.

RGAIS was a co-organizer of the events of VI International Forum “Intellectual Property of Russia - XXI century” held from April 22 – 26, 2013 that traditionally was a platform of discussions of interested profile experts and a powerful tool for effective international cooperation.

Rospatent and FIPS supported by the World Intellectual Property Organization (WIPO) for the first time organized and held on April 24 - 26 Forum on the topic of “Innovation potential of Russia” dedicated to the World Intellectual Property Day.

In work of the Forum took part representatives of:

  • international organization (WIPO);
  • Korean Intellectual Property Office (KIPO);
  • Korean Association of Intellectual Property (KIPA);
  • consulting company «Patinformatics»;
  • The Council of the Federation Committee on Science, Education, Culture and Innovative policy of the Federation Assembly of the Russian Federation;
  • Foundation for development of the New Technologies Development and Commercialization Centre «Skolkovo»;
  • administrative and managerial structures, Technology and Innovation Support Centers (TISC) and other organizations of some regions of the Russian Federation.

In total 230 persons participated in work of the Forum including 7 representatives from foreign countries: Switzerland, the USA, the Republic of Korea and the Republic of Bulgaria.

Number of represented in Forum regions of Russia is 34 (Moscow, Moscow region (Zagorsk, Zhukovsky), St. Petersburg, Nizhny Novgorod, Yaroslavl, Tver, Saratov, Stavropol, Kursk, Ryazan, Belgorod, Togliatti, Saransk, Yakutsk, Khanty-Mansiysk Region, Irkutsk, Omsk, Volgograd, Cheboksary, Ufa, Petrozavodsk, Kazan , Krasnodar, Astrakhan, Rostov-on-Don, Vologda, Syktyvkar, Kirov, Orel, Verkhnya Pyshma, Nizhny Tagil, Khabarovsk, Kaluga, the Altai Territory).

During two days of work the Forum were held 3 sections:

  • Section regarding activity of TISC on topic «Patent Landscapes»;
  • Section «Administrative and Court Practice of Dispute Resolution relating to Exclusive Rights to Results of Intellectual Activity and Means of Individualization»;
  • Section «Issues of the State Rights Administration on Results of Intellectual Activity».

For TISC employees, participants of the Forum were also held workshops in a computer room of FIPS on the issue of building of patent landscapes.

During the Forum 31 reports were heard (there were presentations of reports of the speakers as well as videos were shown) and organized a videoconferencing with St. Petersburg, Irkutsk, Belgorod, Tomsk, Astrakhan, Saransk, Cheboksary.

Rospatent and FIPS organized and held on October 9-10, 2013 XVII traditional Science and Practice Conference “Intellectual Rights as Instrument of Economy Development”

In the work of the Conference took part the following representatives:

  • European Union, international organizations (WIPO, the EPO, the EAPO), the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), the US Embassy in the Russian Federation;
  • foreign patent offices of foreign countries (China, Ukraine, Azerbaijan, Georgia) and organizations of the CIS countries (Belarus, Ukraine);
  • federal authorities (the Council of the Federation Committee on Science, Education, Culture and Information Policy, the Committee of the State Duma of the Federal Assembly on Civil, Criminal, Arbitration and Procedural Legislation; the Ministry of Education and Science of the Russian Federation; the Ministry of Defense of the Russian Federation, the Ministry of Industry and Trade of the Russian Federation);
  • State government bodies of subjects of the Russian Federation (Department of Science, Industrial Policy and Entrepreneurship of Moscow; Investment Committee of the Government of St. Petersburg; the Khabarovsk Territory Government; Department for Development of Entrepreneurship, Trade and Human Service Sector of the Vladimir region, the Ministry of Economic Development of the Chelyabinsk region , the Ministry of Strategic Development, Investments and Foreign Economic Policy of the Krasnodar Territory, the Ministry of Industry and Fuel and Energy Sector of the Tula region; the Ministry of Industry, Innovation and Information Technologies of the Ryazan region);
  • The Institute of Legislation and Comparative Law under the Government of the Russian Federation; State Corporation «Rostec»;
  • public organizations and associations (Central Council of All-Union Society of Inventors and Innovators; Moscow city organization of All-Union Society of Inventors and Innovators; Moscow regional organization of All-Union Society of Inventors and Innovators);
  • the RAS, Russian Academy of Sciences of the Republic of Sakha, universities and research institutes;
  • production companies as well as design and engineering organizations;
  • administrative and managerial structures, information centers and other organizations of a number of constituent entities of the Russian Federation;
  • patent law, legal and consulting companies.

In total in work of the Conference took part 398 persons. Number of represented regions of Russia is 32.

During the Conference there was videoconferencing with 6 regions of Russia.

In the course of the Conference two plenary sessions were held and 6 sections:

“Protection of patent rights”, “Legal protection of the means of individualization,” “Protection of intellectual property rights in administrative and court procedure”, “Information support of innovation activity and its importance in the economy development”, “Issues of the State rights administration on results of intellectual activity”, “Economic aspects of the implementation of patent rights”. In total at the conference there were presented 47 reports including ones of Rospatent employees that totaled to 32.

Detailed information on the former conference, including the final document of the Conference as well as notes for the statement and presentations placed on the FIPS website in section “Conferences, seminars” in the sub-section “Science and Practice Conference of Rospatent.”

One of the major international event was holding on October 30-31, 2013 on the basis of RGAIS of International Science and Practice Conference “Intellectual Property: A Look into the Future” dedicated to the 45th anniversary of the Academy. The conference was attended by 160 people from different cities and regions of Russia (Moscow, Moscow Region, St. Petersburg, Smolensk, Kaluga, Obninsk, Ryazan, Bryansk, Belgorod, Voronezh, Tver, Tambov, Stavropol, Samara, Saratov, Saransk, Ufa, Kazan, Izhevsk, Yekaterinburg, Perm, Novosibirsk, Irkutsk, Khabarovsk) and several foreign countries (Bulgaria, Italy, Korea, South Africa, Ukraine, Belarus).

During the Conference there was a number of panel discussions devoted to discussion of relevant topics: training of personnel for the innovation economy; practical issues related to intellectual property, policy-making in the field of intellectual property at universities; economic aspects of intellectual property management and commercialization; legal protection and enforcement of intellectual property. Panel discussion of the Academy postgraduates that was used as a professional platform for testing the results of research studies of young scientists finalized the work of the Conference.

On November 21, 2013 the First All-Russian Science and Practice Conference «Intellectual Students Autumn» in the course of which students-members of NSB had the opportunity to test the results of scientific researches took place in RGAIS. In the period from November 1 – 21, 2013 there was a competition of students’ creative works «Science - it is...». The events were organized by the scientific department of the Academy with support of the All-Russian Academy Student Council on Intellectual Property and Science Academy Students Society as part of VIII Moscow Science and Practice Conference “Students Science” organized with support of the Moscow City Government, the Vice-rectors Council for educational work of higher educational institutions of Russia and Moscow Students Center.

In the period from November 27 – 29, 2013 Moscow hosted V International Forum on Intellectual Property «Expopriority’2013» organized by the Chamber of Commerce and Industry of the Russian Federation and Central Exhibition Complex “Epicenter” in which RGAIS teachers and postgraduates took active participation.

Forum received the official support of the World Intellectual Property Organization (WIPO), the Council of Federation of the Federal Assembly of the Russian Federation, the International Chamber of Commerce (ICC), the Global Association of the Exhibition Industry (UFI), the International Federation of Inventors’ Associations (IFIA).

On December 5, 2013 members of NSB RGAIS participated in the All-Russian Innovation Convent - the annual all-Russian professionally oriented event attended by more than 1 thousand of young scientists, Russian inventors, entrepreneurs, leading representatives of the community of innovators, investors and researchers, famous Russian politicians, Russian and foreign public men for discussion of future technologies and global trends of science, technology, entrepreneurship.



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