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Annual report of Rospatent 2015 (Section 1)

 

2015
Annual Report of Rospatent

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In the modern postindustrial world, intellectual property is gradually acquiring a great importance within the global economy. Today it constitutes an international language for communication of technological leaders, an index of the overall economic development. Intellectual property is an important instrument for increasing competitiveness both of individual national companies on the internal and external markets and of the state as a whole within the common system of the world economy.

In the last 15 years the number of registered intellectual property objects has been steadily increasing all over the world. Within the said period this number more than doubled reaching in 2015 the figure of 5.19 million applications per year for the means of individualization and 3.5 million of applications for patents, including those for industrial designs.

Our country possesses a unique scientific and technological potential. However, there is still something to strive for. Currently, in Germany there are 23 patent applications in the country and abroad per 10 thousand of population, while in Korea this index constitutes 44 patent applications per 10 thousand of population. In Russia these numbers remain at the point of 2 applications per 10 thousand of population.

This by no means reflects the inventive potential of our country, but rather indicates the need to increase the activity in the field of legal protection of the results of intellectual activity so that organizations, scientists and inventors could receive due reward for the use of their intellectual capital. At the same time, it is important not only to increase the inventive activities, but also to raise the legal awareness and patent culture of the whole population. Then our country will be able to take its place among the world technological leaders, which it undoubtedly deserves.

These goals are of immediate interest due to the established direction of development and modernization of economy and industry of Russia, which, in particular, is set out in the Strategy for innovative development of our country until 2020. The President and the Government of the Russian Federation state the necessity to adhere to the said direction. In 2015, the National technological initiative was started in Russia, which is a state program of measures for support and development of promising sectors that are to become the foundation of the world economy in the following twenty years. However, it would be impossible to reach the objectives of developing the competitiveness of Russian business and increasing capitalization of our economy without efficient treatment of intellectual property, including the protection of our interests and of our companies’ interests on the international markets.

In the context of increasing global competition aimed, first of all, at talents and ideas, the national business, social and professional unions of manufacturers and inventors formed a clear demand for the increase of state activity in the field of intellectual property. Business and industry wish to use all the accessible ways of increasing their competitiveness and capitalization. So, the state focuses its attention on the area of intellectual property. In particular, there is ongoing work on the creation of an Agency of technological development, discussions on the conception of new legal institutions and increase of efficiency of the existing institutions, for instance, on modernization of the institution of compulsory licensing in Russia, tax exemptions, launch of wide-ranged educational and public awareness programs in the field of intellectual property.

Under the current circumstances the implementation by Rospatent of its competences, as well as their possible extension, acquire a special importance. As of today, the agency aims at improvement of quality of rendering state services to the applicants. Rospatent intends to increase transparency of procedures for registration of trademarks and granting of patents, to raise the level of applicants’ trust and to stimulate the inventive activities. Among the priorities of the Office are structuring and ordering the practice of law application so that legal provisions are applied in a uniform way both on the stage of examination of applications and on the stage of considering of patent disputes. Rospatent strives to reduce the consideration period of applications at the stage of examination, as well as in the Chamber of patent disputes. Working on detailed regulations of the activities of the Chamber of patent disputes will render its working methods more clear and the applicants will be able to defend their rights more efficiently. Particular attention will be given to the promotion of public awareness and involving wide public into discussion of the Office’s initiatives.

In parallel with the existing support instruments, new mechanisms will be gradually developed in order to develop the intellectual property field. Based on Rospatent’s initiative in the framework of support program for small and medium enterprises financed by the Ministry for economic development of the Russian Federation, resources have been allocated to fund the patent researches and to support the legal protection of intellectual property.

A new center of evaluation of intellectual property will be established on the basis of the Federal agency for legal protection of the results of intellectual activity of military, special and dual use (FGBU «FAPRID»), which is subordinate to Rospatent, while a center of methodology and analysis in the field of legal protection of intellectual property will be formed on the basis of the Federal Institute for Industrial property (FGBU «FIPS»). The center will, in particular, make it possible to create patent landscapes that will allow making forecasts based on them, to define the points of growth and determine the key directions for development in the field of intellectual property in Russia.

Among the working areas stated before, it is worth highlighting the upcoming development of information system of Rospatent. Improvement of IT complex is envisaged in order to make the process of electronic filing of applications easier. It is planned to fully switch to the electronic interaction with legal entities by 2017.

The issues related to efficient control and supervision of implementation of legal provisions in the intellectual property field, as well as of legal protection of state interests in the process of economic and civil circulation of the results of research, development and engineering works (R&D) of military, special and dual use call for great attention.

Efficiency of budget funds allocation for research and development depends to a great extent on the results of R&D in the part of development of new technical solutions corresponding to the global level, as well as on securing their legal protection and involvement of the rights to them into economic and civil circulation in order to create and manufacture innovative products, protect them from unauthorized use, including the use abroad.

Rospatent will further expand the network of Technology and Innovation Support Centers throughout the country, which proved to be efficient in many constituent entities of the Russian Federation where such centers operate. The Office will continue working on concluding cooperation agreements with the constituent entities of the Russian Federation, major non-governmental organizations, business communities and institutions of development. These agreements shall serve as the foundation of fruitful joint work in the future.

Please read the annual report below to find out what steps were undertaken by Rospatent in 2015 in order to achieve the stated objectives.

Director General of the Federal Service

for Intellectual Property (Rospatent)

Grigory Ivliev

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1.1. Ensuring Quality and Accessibility of State Services

Rospatent provides to natural persons and legal entities 26 state services related to the legal protection of the results of intellectual activity and means of individualization. Amendments and addenda introduced to Part IV of the Civil Code of the Russian Federation (hereinafter — the Code) by the Federal Law of March 12, 2014 No. 35-FZ «On the amendments to Parts I, II and IV of the Civil Code of the Russian Federation and to certain legal acts of the Russian Federation» (hereinafter — the Federal Law No. 35-FZ) has become an innovation in the field of legal protection of the results of intellectual activity and means of individualization, including the field of legal protection of inventions, utility models, industrial designs, trademarks, the state registration of disposition of exclusive right to the result of intellectual activity or mean of individualization. The aforementioned amendments and addenda came into force as of October 1, 2014 and January 1, 2015.

In view of the amended legislation the specialists of the system of Rospatent developed the drafts of respective regulations to be approved by the Ministry of Economic Development of the Russian Federation. During the development of the drafts of administrative regulations on rendering by Rospatent of the state services the activities were also carried out to optimize the rendering of the state services. In accordance with item 3 of the Rules on drafting and approving the administrative regulations on rendering state services, approved by the Decree of the Government of the Russian Federation of May 16, 2011 No. 373 and in order to optimize the rendering of the state services, the work was conducted on arrangement and exclusion of excessive administrative procedures (actions), on lowering the number of interactions between applicants and the officials of the authority rendering the state service, on reduction the time costs of certain administrative procedures (actions) in the course of rendering a state service as well as on rendering by Rospatent the state services in electronic form.

Apart from the drafts of administrative regulations the following documents were developed in accordance with the provisions of the Code: rules of drafting, filing and consideration of documents, requirements for application documents, the order of learning the documents, the order of conversion of an application, a form of patent or certificate, forms of requests and other documents for all types of registered objects. The indicated documents are aimed to ensure the fullest implementation by natural persons and legal entities of their rights to protect the results of intellectual activity and means of individualization.

In 2015, the legal acts related to 21 state services rendered by Rospatent were adopted. Therefore, the legal basis for rendering of the state services by Rospatent in the field of intellectual property has been substantially updated.

The list of legal acts approved by the Ministry of Economic Development of the Russian Federation, registered with the Ministry of Justice of the Russian Federation in 2015 and arranged by the respective state services rendered by Rospatent is provided below.

1. For the purposes of rendering of the state service «State registration of utility model and granting a patent for utility model or duplicate thereof» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 701 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40244), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 702 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40245):

  • The Rules of drafting, filing and consideration of documents that are the ground for performing the legally significant actions related to the state registration of utility models, and the forms thereof;
  • The Requirements for documents of a patent application for utility model;
  • The List of data on granting a patent for utility model to be published in the official Bulletin of the Federal Service for Intellectual Property;
  • The List of data to be included in the form of a patent for utility model;
  • The Form of a patent for utility model;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the state registration of utility model and granting a patent for utility model or duplicates thereof.

2. For the purposes of rendering of the state service «State registration of industrial design and granting a patent for industrial design or duplicate thereof» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 695 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40242), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 696 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40238):

  • The Rules of drafting, filing and consideration of documents that are the ground for the legally significant actions related to state registration of industrial designs, and the forms thereof;
  • The Requirements for documents of a patent application for industrial design;
  • The List of data on granting a patent for industrial design to be published in the official Bulletin of the Federal Service for Intellectual Property;
  • The List of data to be included in the form of a patent for an industrial design;
  • The Form of a patent for industrial design;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service of state on registration of industrial design and granting a patent for industrial design or duplicates thereof.

3. For the purposes of rendering the state service «Learning the documents of a patent application for invention, utility model and industrial design and providing copies of such documents» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 28.08.2015 No. 614 (registered with the Ministry of Justice of the Russian Federation of 05.10.2015, reg. No. 39144), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 28.08.2015 No. 615 (registered with the Ministry of Justice of the Russian Federation of 14.10.2015, reg. No. 39308):

  • The Order of learning the documents of a patent application for invention, utility model and industrial design, and of providing copies of such documents;
  • The Form of a request on learning the documents of a patent application for invention, utility model or industrial design and providing with copies of such documents;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on learning of the documents of a patent application for invention, utility model and industrial design and providing copies of such documents.

4. For the purposes of rendering of the state service «Introduction of amendments to the State Registers for inventions, utility models and industrial designs of the Russian Federation, as well as to patents» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 03.11.2015 No. 811 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40247):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on introducing amendments to the State Registers for inventions, utility models and industrial designs of the Russian Federation, as well as to patents for inventions, utility models and industrial designs.

5. For the purposes of rendering of the state service «Extension of the validity term of an exclusive right to industrial design and of a patent certifying this right» the following documents were approved:

  • The Order of extension of the validity term of a patent to industrial design (the Order of the Ministry of Economic Development of the Russian Federation of 28.09.2015 No. 691, registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40248);
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on extension of the validity term of an exclusive right to industrial design and of a patent certifying this right (the Order of the Ministry of Economic Development of the Russian Federation of 28.09.2015 No. 692, registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40251).

6. For the purposes of rendering of the state service «Extension of the validity term of an exclusive right to invention and of a patent certifying this right» the following documents were approved:

  • The Order of granting and validity of additional patent for invention, extending the validity term of a patent for invention (the Order of the Ministry of Economic Development of the Russian Federation of 03.11.2015 No. 809, registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40249);
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on extending the validity term of an exclusive right to invention and of a patent certifying this right (the Order of the Ministry of Economic Development of the Russian Federation of 03.11.2015 No. 810, registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40250).

7. For the purposes of rendering of the state service «Reinstatement of validity of a patent for invention, utility model and industrial design» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 03.11.2015 No. 812 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40241):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on reinstatement of validity of a patent for invention, utility model and industrial design.

8. For the purposes of rendering of the state service «Pre-term termination of validity of a patent for invention, utility model or industrial design, of the legal protection of trademark, service mark or well-known trademark, validity of certificate of exclusive right to appellation of origin upon the request of a rightholder» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 27.08.2015 No. 603 (registered with the Ministry of Justice of the Russian Federation of 28.10.2015, reg. No. 39506):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on pre-term termination of validity of a patent for invention, utility model or industrial design, of the legal protection of trademark or service mark, validity of certificate of exclusive right to appellation of origin upon the request of a rightholder.

9. For the purposes of rendering of the state service «State registration of trademark, service mark, collective mark and granting certificates for trademark, service mark and collective mark, and duplicates thereof» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 20.07.2015 No. 482 (registered with the Ministry of Justice of the Russian Federation of 18.08.2015, reg. No. 38572), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 20.07.2015 No.483 (registered with the Ministry of Justice of the Russian Federation as of 27.08.2015, reg. No.38712):

  • The Rules of drafting, filing and consideration of documents that are the ground for the legally significant actions related to the state registration of trademark, service mark and collective mark;
  • The Requirements for documents of an application for the state registration of trademark, service mark or collective mark, for documents attached thereto, and forms thereof;
  • The Order of conversion of an application for the state registration of collective mark into an application for the state registration of trademark or service mark, and vice versa;
  • The List of data to be included in the form of a certificate for trademark (service mark), in the form of a certificate for collective mark;
  • The Form of a certificate for trademark (service mark);
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the state registration of trademark, service mark and collective mark and granting certificate for trademark, service mark and collective mark and duplicates thereof.

10. For the purposes of rendering of the state service «Learning the documents of an application for the state registration of trademark, service mark or collective mark and providing copies of such documents» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 27.08.2015 No. 607 (registered with the Ministry of Justice of the Russian Federation of 21.09.2015, reg. No. 38943), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 27.08.2015 No. 608 (registered with the Ministry of Justice of the Russian Federation of 21.09.2015, reg. No. 38944):

  • The Order of learning the documents of an application for the state registration of trademark, service mark or collective mark and of providing copies of such documents;
  • The Form of a request to learn the documents of an application for the state registration of trademark, service mark or collective mark and providing with copies of such documents;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on learning the documents of an application for the state registration of trademark, service mark or collective mark and providing copies of such documents.

11. For the purposes of rendering of the state service «Recognition of a trademark or an indication used as a trademark as well-known mark of the Russian Federation» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 27.08.2015 No. 601 (registered with the Ministry of Justice of the Russian Federation of 30.09.2015, reg. No. 39064), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 27.08.2015 No. 602 (registered with the Ministry of Justice of the Russian Federation of 30.09.2015, reg. No. 39065):

  • The List of data to be included in a certificate for a well-known mark;
  • The Form of a certificate for a well-known mark;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on recognition of a trademark or an indication used as a trademark as well-known mark of the Russian Federation.

12. For the purposes of rendering of the state service «Extension of the validity term of exclusive right to trademark, service mark and collective mark» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 705 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40240):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on extension of the validity term of exclusive right to trademark, service mark and collective mark.

13. For the purposes of rendering of the state service «Extension of the validity term of a certificate of exclusive right to appellation of origin» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 706 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40235):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on extending the validity term of a certificate of exclusive right to appellation of origin.

14. For the purposes of rendering of the state service «Introduction of amendments to the State Registers for trademarks and service marks, appellations of origin of the Russian Federation, to the List of well-known marks of the Russian Federation, as well as to certificates» the following documents were approved:

  • The Order of conversion of a collective mark into a trademark or a service mark, and vice versa (the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 703, registered with the Ministry of Justice of the Russian Federation of 03.12.2015, reg. No. 39958);
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on introduction of amendments to the State Registers for trademarks and service marks, appellations of origin of the Russian Federation, to the List of well-known marks of the Russian Federation, as well as to certificates for trademark, service mark and collective mark, well-known marks, certificates of exclusive right to appellation of origin (the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 704, registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40236).

15. For the purposes of rendering of the state service «Pre-term termination of the legal protection of trademark and service mark, well-known mark, termination of validity of certificate of exclusive right to appellation of origin upon the request of any person other than the rightholder, due to the termination of the legal entity — the rightholder or the activities of the sole proprietor — the rightholder, as well as in case of death of the citizen holding the certificate of exclusive right to an appellation of origin» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 28.09.2015 No. 693 (registered with the Ministry of Justice of the Russian Federation of 03.12.2015, reg. No. 39944):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on pre-term termination of the legal protection of trademark and service mark, well-known mark, termination of validity of certificate of exclusive right to appellation of origin upon the request of any person other than the rightholder, due to the termination of the legal entity — the rightholder or the activities of the sole proprietor — the rightholder, as well as in case of death of the citizen holding a certificate or certificates of exclusive right to an appellation of origin.

16. For the purposes of rendering of the state service «State registration of an appellation of origin and granting the exclusive right to such appellation, as well as granting the exclusive right to earlier registered appellation of origin and granting a certificate of exclusive right to appellation of origin or duplicate thereof» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 697 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40257), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 698 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No.40256):

  • The Rules of drafting, filing and consideration of documents that are the ground for the legally significant actions related to the state registration of appellation of origin and granting the exclusive right to such appellation, as well as granting the exclusive right to earlier registered appellation of origin;
  • The Requirements for documents of an application for the state registration of an appellation of origin and granting the exclusive right to such appellation, as well as an application for granting the exclusive right to a earlier registered appellation of origin, the requirements for documents attached thereto, and forms thereof;
  • The List of data to be included in a certificate of the exclusive right to an appellation of origin;
  • The Form of a certificate of the exclusive right to an appellation of origin;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the state registration of appellation of origin and granting the exclusive right to such appellation, as well as granting the exclusive right to earlier registered appellation of origin and granting a certificate of the exclusive right to appellation of origin or duplicate thereof.

17. For the purposes of rendering of the state service «Introduction of amendments to the registers for computer programs, databases, topographies of integrated circuits, as well as to certificates of the state registration of computer program, database or topography of integrated circuits» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 28.08.2015 No. 611 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40237):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on introduction of amendments to the registers for computer programs, databases, topographies of integrated circuits, as well as to certificates of the state registration of computer program, database or topography of integrated circuits.

18. For the purposes of rendering of the state service «State registration of a topography of integrated circuits and granting a certificate of the state registration of a topography of integrated circuits or a duplicate thereof» the following documents were approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 699 (registered with the Ministry of Justice of the Russian Federation as of 25.12.2015, reg. No. 40253), as well as by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 700 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40252):

  • The Rules of drafting of an application for the state registration of a topography of integrated circuits;
  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the state registration of a topography of integrated circuits and granting a certificate of the state registration of a topography of integrated circuits or a duplicate thereof;
  • The Order of the state registration of a topography of integrated circuits;
  • The List of data on a registered topography of integrated circuits to be published in the official Bulletin of the Federal Service for Intellectual Property;
  • The List of data to be included in the certificate of the state registration of a topography of integrated circuits;
  • The Form of a certificate of the state registration of a topography of integrated circuits;
  • The Rules of drafting of documents that are the ground for the legally significant actions related to the state registration of a topography of integrated circuits, and forms thereof.

19. For the purposes of rendering of the state service «State registration of non-contractual transfer of the exclusive right to invention, utility model and industrial design, trademark, appellation of origin, the registered topography of integrated circuits, computer program or database» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 30.09.2015 No. 707 (registered with the Ministry of Justice of the Russian Federation of 25.12.2015, reg. No. 40246):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the state registration of non-contractual transfer of the exclusive right to invention, utility model, industrial design, trademark, service mark, appellation of origin, registered topography of integrated circuits, computer program or database.

20. For the purposes of rendering of the state service «Consideration of a request of the rightholder to grant the right to use an invention, a utility model or an industrial design to any person (open license), of a request to withdraw the request to grant open license» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 12.08.2015 No.552 (registered with the Ministry of Justice of the Russian Federation of 29.12.2015, reg. No.40338):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on the consideration of a request of the rightholder to grant the right to use an invention, a utility model or an industrial design to any person (open license), of a request to withdraw the request to grant open license.

21. For the purposes of rendering of the state service «Publication of the court decisions on committed violations of exclusive rights» the following document was approved by the Order of the Ministry of Economic Development of the Russian Federation of 21.08.2015 No. 579 (registered with the Ministry of Justice of the Russian Federation of 10.11.2015, reg. No. 39651):

  • The Administrative regulation on rendering by the Federal Service for Intellectual Property of the state service on publication of the court decisions on committed violations of exclusive rights.

All legal acts are published on the official websites of Rospatent and FIPS.

In order to increase the accessibility of the state services, the electronic forms of interaction with applicants are implemented. Aiming at the further development of the state administration system, the item 1 «c» of the Presidential Decree of the Russian Federation of May 7, 2012 No. 601 provides for that the share of citizens using electronic tools to receive the state and municipal services should reach at least 70 % by 2018. At the same time, if it is more convenient to conduct certain operations in paper, the applicants and users shall reserve the right to choose the means of communication. Nonetheless, all the IT tools and electronic services should be available which is more efficient than paper in terms of processing time and content. The usage of electronic communication services by applicants to receive a number of the state services is increasing (refer to Section 4, point 4.1.2, Diagram 1). The services are active 24 hours and can be used from home or office. The access to the services is provided through the Common Government Services Portal and the official websites of Rospatent and FIPS (digital signature certificate is to be acquired separately).

Aiming at the further development of the Russian patent system and ensuring the high quality of the rendered state services in the field of legal protection of intellectual property objects in view of modernization of industrial fields, at the end of 2015 Rospatent started to work through the issue of establishment of branch offices of its subordinate institution — the Federal State Budgetary Organization «the Federal Institute of Industrial Property» in certain regions of the country with concentration of scientific workers. The Novosibirsk Region was chosen to be the pilot region, where high quality specialists in various fields of technology are concentrated.

The main area of activities of the branch office will be conducting examination of applications for granting a patent for invention and utility model.

The establishment of the branch office will contribute to raising the number of considered applications for inventions and utility models, decreasing the timelines of such consideration, dissemination of knowledge in the field of protection of industrial property and increasing the accessibility of the state services in the field of intellectual property.

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

As compared to 2014, the number of applications for inventions filed with Rospatent in 2015 increased by 12,92 % due to the increase in the number of applications filed by Russian applicants.

The increase in the number of applications for inventions filed by Russian applicants was facilitated by the activities of Rospatent in the field of control and supervision in the area of legal protection and utilization of the results of intellectual activity of civil, military, special and dual use received at the expense of the federal budget. More and more applications are filed in the result of performing of the state contracts. And since utility model has lost some of its appeal due to amendments introduced to the Code providing for the substantial examination in respect of utility models, the number of applications for inventions has increased as well.

The number of applications filed for utility models reduced by 14,66 %.

The decrease in the number of applications filed for utility models in 2015 was expected. This is mainly caused by introduction as from October 1, 2014 of substantial examination of applications for utility models, providing for the information search and checking of utility model for patentability requirements, as well as introduction of the requirement that a utility model is to be protected as one technical solution.

In 2015, the planned number of decisions to be made on applications for inventions and utility models was fully met.

In 2015, the work was continued to improve the methodological approaches to the practice of utility models examination, in particular, with regard to the possibility to recognize the claimed solution as a utility.

As in the previous reported periods, FIPS continued to work on the Agreements between Rospatent and foreign patent offices on the activities of Rospatent as an International Search Authority and an International Preliminary Examination Authority within the framework of the Patent Cooperation Treaty (PCT). In 2015, 2447 international searches were conducted for PCT applications followed by a written opinion on patentability of an invention. As in the previous year, the largest number of international applications received for conducting searches was related to the fast growing fields of science and technology, such as chemistry, biotechnology and computer technology.

Apart from fulfilling the state assignment for consideration of national and international applications, in 2015, additional searches were conducted for patent offices of Turkey, CIS countries and the Eurasian Patent Office.

In order to reduce the staff shortage, the work was continued to implement teleworking options in the examination divisions, with access provided to automated systems of FIPS, as well as to hire part-time examiners. It allowed not only to keep, but to increase the examiners staff in a number of technological fields. This work is expected to have further development.

In 2015, activities were carried out to improve law enforcement practices by taking into account the omissions revealed in the result of quality control of the rendered state services. Also, the work was done to reduce violations of examination time limits.

The main indices of the work related to rendering of the state services on the state registration of inventions and utility models and granting patents in 2015 are presented in Tables 1.2.1–1.2.6 and the statistical tables included in Annex 3.

Table 1.2.1

INVENTIONS: Dynamics for filing and consideration of applications for patents
of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Applications filed with Rospatent, total

including:

41414

44211

44914

40308

45517

112,92

by Russian applicants

26495

28701

28765

24072

29269

121,59

by foreign applicants

14919

15510

16149

16236

16248

100,07

Considered at the stage of examination, total

including:

42860

42054

43152

43340

42459

97,97

International search

1079

1905

2980

3006

2447

81,40

decisions made:

on granting, including:

32250

32428

31814

32557

31534

96,86

to Russian applicants

22339

21752

21139

21682

19481

89,85

to foreign applicants

9911

10676

10675

10875

12053

110,83

on refusal, including:

844

873

1426

1504

1569

104,32

to Russian applicants

728

693

1163

1167

1216

104,20

to foreign applicants

116

180

263

337

353

104,75

on withdrawal, including:

8687

6848

6932

6273

6909

110,14

to Russian applicants

5161

3975

4081

3674

3976

108,22

to foreign applicants

3526

2873

2851

2599

2933

112,85


Table 1.2.2

INVENTIONS: Dynamics for granting patents of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Patents granted, total

including:

29999

32880

31638

33950

34706

102,23

to Russian applicants

20339

22481

21378

23065

22560

97,81

to foreign applicants

9660

10399

10260

10885

12146

111,58


Table 1.2.3

NVENTIONS: The number of patents of the Russian Federation valid as on December 31, 2015

Valid as on December 31, 2014

208320

Patents granted in 2015

34706

Terminated in 2015 (upon expiration of the validity term and/or due to failure to pay the maintenance fees, upon decisions of Rospatent)

24052

Valid as on December 31, 2015

218974


Table 1.2.4

UTILITY MODELS: Dynamics for filing applications for patents of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Applications filed with Rospatent, total

including:

13241

14069

14358

13952

11906

85,34

by Russian applicants

12584

13479

13589

13000

11403

87,72

by foreign applicants

657

590

769

952

503

52,84

Considered at the stage of examination, total

12541

13410

13556

14204

11215

78,96

decisions made:

on granting, including:

11614

12282

12288

12477

9154

73,37

to Russian applicants

11090

11766

11770

11625

8623

74,18

to foreign applicants

524

516

518

852

531

62,32

on refusal, including:

0

56

143

331

719

217,22

to Russian applicants

0

52

140

313

689

220,13

to foreign applicants

0

4

3

18

30

166,67

on withdrawal, including:

927

1072

1125

1396

1342

96,13

to Russian applicants

887

1033

1081

1321

1257

95,16

to foreign applicants

40

39

44

75

85

113,33


Table 1.2.5

UTILITY MODELS: Dynamics for granting patents of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Patents granted, total

including:

11079

11671

12653

13080

9008

68,87

to Russian applicants

10571

11152

12154

12267

8390

68,39

to foreign applicants

508

519

499

813

618

76,01


Table 1.2.6

UTILITY MODELS: The number of patents (certificates) of the Russian Federation
valid as on December 31, 2015

Valid as on December 31, 2014

58238

Patents granted in 2015

9008

Terminated in 2015 (upon expiration of the validity term and/or due to failure to pay the maintenance fees, upon decisions of Rospatent)

9798

Valid as on December 31, 2015

57448


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

The number of patent applications for industrial designs received in 2015 decreased by 5 % as compared to the previous year and amounted to 4929 applications. It was mostly due to the reduction in the number of applications received from national applicants. In the reported period, 2015 applications were filed by national applicants (40,9 % of the total number of filed applications). In 2014, the number of applications filed by national applicants amounted to 42,4 % of the total number of filed applications.

The consideration of 5009 patent applications for industrial designs was completed in 2015. 5459 patents for industrial designs were granted in 2015, which amounts to 146 % as compared to 2014.

When considering patent applications for industrial designs, special attention was paid to the compliance with the time limits of the administrative procedures. The average pendency time for consideration of industrial design applications at the stage of substantial examination amounted to 6,7 months.

Throughout the year, the quality monitoring of the rendered state services was continued. Following the results of the monitoring, a number of amendments and addenda were proposed for the Administrative regulation, based on the law enforcement practices of Rospatent.

The main indices for receiving applications and granting patents for industrial designs are presented in Tables 1.3.1–1.3.3 as well as in the statistical tables included in Annex 3.

Table 1.3.1

INDUSTRIAL DESIGNS: Dynamics for filing and consideration of applications
for patents of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Filed with Rospatent, total

including:

4197

4640

4994

5184

4929

95,08

by Russian applicants

1913

1928

1902

2200

2015

91,59

by foreign applicants

2284

2712

3092

2984

2914

97,65

Considered at the stage of examination, total

4101

4025

4014

5466

5009

91,64

decisions made:

on granting, including:

3400

3374

3481

4740

4466

94,22

to Russian applicants

1485

1342

1331

1670

1748

104,67

to foreign applicants

1915

2032

2150

3070

2718

88,53

on refusal, including:

143

140

120

118

90

76,27

to Russian applicants

103

100

85

70

51

72,86

to foreign applicants

40

40

35

48

39

81,25

on withdrawal, including:

558

511

413

608

453

74,51

to Russian applicants

403

375

282

371

292

78,71

to foreign applicants

155

136

131

237

161

67,93


Table 1.3.2

INDUSTRIAL DESIGNS: Dynamics for granting patents of the Russian Federation by years

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Patents granted, total

including:

3489

3381

3461

3742

5459

145,88

to Russian applicants

1622

1390

1278

1394

2031

145,70

to foreign applicants

1867

1991

2183

2348

3428

146,00


Table 1.3.3

INDUSTRIAL DESIGNS: The number of patents of the Russian Federation valid
as on December 31, 2015

Valid as on December 31, 2014

25490

Patents granted in 2015

5459

Terminated in 2015 (upon expiration of the validity term and/or due to failure to pay the maintenance fees, upon decisions of Rospatent)

2252

Valid as on December 31, 2015

28697


A total of 49173 patents of the Russian Federation were granted for objects of patent law in 2015 and 305119 patents were valid as on December 31, 2015.

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

61477 applications for the state registration of trademarks and service marks (hereinafter — trademarks) were filed with Rospatent in 2015, which amounts to 100,47 % as compared to 2014. 63266 applications were considered at the stage of examination. This index decreased by 4,1 % as compared to 2014. The decrease in the number of applications considered at the stage of examination is caused by the decrease in comparison with 2013 of the number of international applications filed in 2014 and considered in 2015, for which the legal protection is claimed in the Russian Federation under the Madrid Agreement and the Protocol thereto.

43042 trademarks were registered in 2015, which is 1,76 % more than in the previous reported period. The main indices are presented in Tables 1.4.1 and 1.4.2.

Table 1.4.1

TRADEMARKS AND SERVICE MARKS: Dynamics for filing and consideration of applications for the state registration of trademarks of the Russian Federation in 2011–2015

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Applications filed for the state registration of trademarks of the Russian Federation, total

Including:

59717

61923

64928

61188

61477

100,47

by Russian applicants

33252

34851

34621

34174

34304

100,38

by foreign applicants, including:

26465

27072

30307

27014

27173

100,59

international applications claiming the legal protection in the Russian Federation under the Madrid Agreement and the Protocol

16083

15875

19143

16712

17715

106,00

Considered at the stage of examination, total
decisions made:

54993

57528

55212

65948

63266

95,93

on granting

39553

41830

39218

46262

47097

101,8

on refusal

9145

10424

9993

11988

10271

85,68

on withdrawal

328

791

610

496

370

74,60

Withdrawal and refusal at the stage
of formal examination

5967

4483

5391

7202

5528

76,76


Table 1.4.2

TRADEMARKS AND SERVICE MARKS: Dynamics for registration of trademarks
of the Russian Federation

Indices

2011

2012

2013

2014

2015

2015 vs. 2014 (%)

Trademarks registered, total

including:

35954

40106

37813

42298

43042

101,76

for Russian applicants

16311

19284

18095

19601

20539

104,79

for foreign applicants

19643

20822

19718

22697

22503

99,15

including trademarks granted the legal protection on the territory of the Russian Federation, claimed under the Madrid Agreement and the Protocol

12724

13067

12453

14563

14073

96,64

Trademark registrations renewed, total
including:

11915

11746

11364

12844

13929

108,45

for Russian applicants

8525

7852

7359

7828

8372

106,95

for foreign applicants

3390

3894

4005

5016

5557

110,79

Registrations valid at the end of the year*

281784

296631

312392

320930

340441

106,08


* Excluding applications filed under the Madrid Agreement

Within the framework of the activities carried out by Rospatent jointly with the Office for Harmonization in the Internal Market (OHIM), aimed at harmonizing the systems of the legal protection of trademarks in Russia and the European Union, the work was continued on optimization of the procedures of filing, registration and consideration of trademark applications filed with Rospatent, and on improving the quality of examination of these applications.

The issues related to the legal protection of trademarks were discussed at the conferences and seminars held in Rospatent as well as in various regions of the Russian Federation. These issues were covered and discussed at the events held by WIPO, at the sessions of the Working Group on the Legal Development of the Madrid System for the International Registration of Marks and the Committee of Experts of the Nice Union for the International Classification of Goods and Services (ICGS).

In 2015, the first thematic meetings were held with patent attorneys and other specialists in the field of intellectual property. During the meetings the approaches to the examination of applications for the state registration of trademarks applied within the framework of the current legislation were presented. In 2016, the thematic meetings in this format will be continued.

1.5. Rendering of the state service on receipt, registration and examination of applications for the state registration of appellation of origin and for granting exclusive right to such appellation

In the reported year, the number of applications filed for the state registration of appellations of origin (hereinafter — AOs) and granting exclusive rights to such appellations, as well as of applications for granting exclusive rights to earlier registered AOs decreased as compared to 2014. It affected the number of granted certificates of exclusive rights to AOs which also decreased as compared to 2014.

The main indices are presented in Table 1.5.

Table 1.5

APPELLATIONS OF ORIGIN: Dynamics for filing applications and granting certificates
in the Russian Federation

Indices

2011

2012

2013

2014

2015

Applications filed for the state registration of AOs and granting exclusive rights to AOs, as well as applications for granting exclusive rights to earlier registered AOs, total

including:

58

66

39

59

44

from Russian applicants

58

61

28

58

43

from foreign applicants

5

11

1

1

Certificates of exclusive rights to AOs granted, total

including:

22

31

9

30

25

to Russian applicants

21

29

6

27

25

to foreign applicants

1

2

3

3

-


The decrease in the number of applications and certificates granted for AOs, first of all to foreign applicants, is mainly due to the economic situation which emerged, in particular, in connection with the economic sanctions imposed against the Russian Federation. It resulted in decreased of import to Russia of goods marked with AOs that need legal protection.

At the same time, in 2015, Rospatent continued the work aimed at raising public awareness of the importance of AOs and the legal protection thereof, of supporting traditional goods producers. This work was conducted within the framework of conferences, meetings, seminars, as well as in the course of interaction with the representatives from regional administrations of the Russian Federation and the executive authorities, in particular, with those responsible for drafting the opinions provided for by the legislation to be attached to applications and requests related to AOs. The quality of rendering of the state service on registration and granting exclusive rights to AOs is expected to be positively affected by the legal acts developed in 2015 (refer to Section 1.1).

1.6. Rendering of the state service on receipt and consideration of applications for the state registration of computer programs, databases and topographies of integrated circuits and granting in due course certificates of the state registration

In 2015, the number of filed applications decreased from 16439 to 15246 (a decrease by 7,3 %) as compared to 2014. Specifically, the number of applications for the state registration of computer programs (hereinafter — CPs) decreased by 6,4 %, the number of applications for the state registration of databases (hereinafter — DBs) decreased by 14,1 %, while the number of applications for the state registration of topographies of integrated circuits (hereinafter — TICs) increased by 1,9 %. The number of applications filed by Russian applicants and by foreign applicants, decreased by 4,5 % and by 79,6 % (from 609 to 124) respectively.

The number of filed applications decreased in all the federal districts except for the Far East, the North Caucasus and the Crimea districts. The largest decrease was in the Volga (–13 %) and in the South (–12,4 %) federal districts.

The largest decrease in the number of filed applications was in the Republic of Tatarstan (–32 %), the Krasnodar Territory (–29 %) and in the Tyumen Region (–26 %). Despite the general decrease, some regions showed an increase of the number of filed applications. The largest increase in the number of applications was shown by the Republic of Sakha (Yakutia) (+58,7 %), the Tomsk Region (+33 %) and the Stavropol Territory (+31 %).

The largest decrease in the number of filed applications was in commercial organizations (–12,9 %). The number of applications with the Russian Federation or a region of the Russian Federation acting as the rightholder in 2015 remained approximately at the level of 2014 (640 and 658 applications respectively). The number of applications filed by natural persons increased by about 5 %. The number of applications filed by budgetary organizations increased by over 30 %.

A total of 15691 objects were registered in 2015, which is 3,6 % more as compared to 2014. At the same time the number of applications withdrawn in the result of consideration in 2015 almost remained the same as compared to 2014 (410 and 412 applications, respectively).

A total of 122310 registrations were valid as of the end of 2015.

Table 1.6.1

The number of computer programs, databases and topographies of integrated circuits
registered in 2011–2015

Types of the results of intellectual activity

2011

2012

2013

2014

2015

Computer programs

9700

11471

11992

13248

13718

Databases

891

1332

1584

1745

1829

Topographies of integrated circuits

108

176

187

155

144


Table 1.6.2

Data on filed applications for registration by the federal districts of the Russian Federation

Federal district

2011

2012

2013

2014

2015

Central

5220

6263

6235

7039

6875

Volga

1533

1668

2172

2320

2017

North-West

1308

1420

1518

1818

1700

South

970

1279

1298

1350

1183

North Caucasus

241

210

323

421

449

Siberia

1257

1478

1693

1548

1523

Ural

591

733

786

951

828

Far East

250

316

398

381

484

Crimea

2

63

Total:

11370

13367

14423

15830

15122


1.7. Rendering of the state services on the state registration of contractual dispositions of exclusive rights to intellectual property objects and non-contractual transfers of exclusive rights to such objects

As of October 1, 2014 due to adoption of the Federal Law № 35-FZ the amendments were made to the provisions of the Code related, among others, to the state registration of dispositions of exclusive rights to the results of intellectual activity and means of individualization, which provide for registration of contractual dispositions of exclusive rights instead of the contracts themselves.

In 2015, the state registration of contractual dispositions of exclusive rights to inventions, utility models, industrial designs, trademarks, service marks, computer programs, databases, topographies of integrated circuits, as well as registration of non-contractual transfers of exclusive rights to such objects to other persons were carried out in accordance with the requirements of the Administrative regulation on the performance by the Federal Service for Intellectual Property, Patents and Trademarks of the state function on registration of contracts granting rights to inventions, utility models, industrial designs, trademarks, service marks, protected computer programs, databases, topographies of integrated circuits, as well as franchise agreements on the use of intellectual property objects protected in accordance with the patent legislation of the Russian Federation, approved by the Order of the Ministry of Education and Science of the Russian Federation of October 29, 2008 No. 321 (hereinafter — the Administrative Regulation on Contracts). As of October 1, 2014 the Administrative Regulation on Contracts is applied so far as it does not contradict the Federal Law No. 35-FZ.

This section contains both information on contracts of disposition of exclusive rights registered upon requests received before October 1, 2014, and on the registered contractual dispositions of exclusive rights. In order to keep the statistical data consistent and to be able to assess their dynamics, as well as keeping in mind that the disposition of exclusive rights is implemented by a contract, the term «contract» may refer hereinafter both to a contract or a contractual disposition of exclusive rights.

Inventions, utility models and industrial designs

In respect of inventions, utility models and industrial designs in the reported year Rospatent received 3252 requests to register contractual dispositions covering 8005 inventions, utility models and industrial designs. 2858 dispositions were registered in respect of 6806 objects. As compared to 2014, the number of received requests to register dispositions of exclusive rights decreased while the number of patents specified therein increased. As compared to 2014, the number of received requests decreased by 5,4 % (3438 in 2014, 4164 in 2013, 4124 in 2012, 4223 in 2011), and the number of patents specified therein increased by 8,9 % (7347 in 2014, 8676 in 2013, 8256 in 2012, 8763 in 2011). The average number of requests and patents specified therein in the last four years amounts to 3987 requests and 8260 patents. The number of requests received in 2015 is the lowest in the last four years and is 18,4 % lower than the average number. At the same time, the number of patents covered by the received requests is also 3,1 % lower than the average number. The number of registered dispositions of exclusive rights also decreased by 3,6 % as compared to 2014 (2965 in 2014, 3123 in 2013, 3035 in 2012, 3207 in 2011), while the number of patents indicated in the registered contractual dispositions of exclusive rights increased by 6,8 % (6375 in 2014, 5961 in 2013, 6301 in 2012, 6242 in 2011). The average number of patents specified in the registered contracts in the last four years, which amounts to 6220 patents, is exceeded by 9,4 %. The last index shows that the number of commercialized objects of patent law is the highest in the last five years.

The dynamics for registration of dispositions of exclusive rights by contracts of alienation of exclusive rights to inventions, utility models and industrial designs and by agreements granting the right to use them in 2011–2015 is presented in Table 1.7.1.

Table 1.7.1

Dynamics for registration of dispositions of exclusive rights by contracts of alienation of exclusive rights to inventions, utility models and industrial designs and by agreements granting
the right to use them

Indices

2011

2012

2013

2014

2015

Patent alienation contracts*

1445

1195

1274

1237

1191

Exclusive license agreements

272

299

303

252

224

Non-exclusive license agreements

1490

1541

1546

1476

1443

Total number of registered contracts

3207

3035

3123

2965

2858

Open license requests received

45

64

280

669

104

Open license requests published

21

32

60

745

91


* Excluding non-contractual transfers of exclusive rights to other persons

As can be seen from Table 1.7.1, the average share of contracts of alienation in the last for years amounts to 41,8 %, which is almost identical to the index of 2014 of 41,7 % (41,7 % in 2014, 40,8 % in 2013, 39,4 % in 2012, 45,1 % in 2011). The data presented in Table 1.7.1 show that rightholders have great interest in granting the right to use the results of intellectual activity registered for their name as compared to alienating exclusive rights to such results. As before, the rightholders prefer granting the right to use on terms of non-exclusive rather than exclusive license. The average share of exclusive licenses granted by rightholders in the last four years amounted to 18,6 % (17,1 % in 2014, 19,6 % in 2013, 19,4 % in 2012, 18,2 % in 2011). In 2015, the share of exclusive licenses decreased to 15,3 %.

As in previous years, as compared to other types of registered contracts of disposition of exclusive rights, the number of registered contracts of pledge of exclusive rights to the results of intellectual activity for objects of patent law remains insignificant. 13 contracts of pledge were registered in 2015, 15 in 2014, 20 in 2013, 17 in 2012, 16 in 2011.

In the two previous years there was a considerable increase in the number of published data on the option to grant the right to use an invention, a utility model or an industrial design (open license). The data presented in Table 1.7.1 show that 949 open license requests were received in 2013–2014, or 474,5 average per year. The sudden increase of this index is explained by the fact that in the respective period some of the rightholders holding a significant number of patents attempted to boost the use of objects owned by them by publishing the data on the option to grant open license, such as MUTSUBISHI ELECTRIC CORPORATION (JP) — 20 publications, the Research and Development Institution of Measuring Instruments — the Novosibirsk Factory n.a. the Communist International (RU) — 19 publications.

The average number of open license requests received in 2009–2012 amounts to 68,5 requests per year (88 in 2009, 77 in 2010, 45 in 2011, 64 in 2012). The number of open license requests received in 2015 (104) was 1,5 times larger than the average value indicated above. At the same time the number of open license requests filed in 2015 is incomparable to the data of 2013 and 2014. Table 1.7.1 presents data on the number of open license publications. In 2015, the data on the option to grant open license were published in respect of 91 patents (745 in 2014), 60 in 2013, 32 in 2012, 21 in 2011, 62 in 2010, 79 in 2009).

Table 1.7.2 shows the breakdown of contracts and requests on disposition of exclusive rights to inventions, utility models and industrial designs registered in 2011–2015 by aggregated fields of technology.

Table 1.7.2

Breakdown of the number of registered contracts by fields of technology

Field of technology

Contracts

2011

2012

2013

2014

2015

Light and food-processing industries

194

215

276

200

257

Mechanical engineering, machine-tool industries, tool production

285

264

248

211

205

Medicine

414

388

473

439

396

Power engineering, electrical engineering

567

499

490

470

511

Chemistry, petroleum chemistry

454

438

382

407

406

Electronics, computer technologies, instrument engineering

257

260

216

209

222

Metallurgy

113

103

108

100

62

Oil and gas production

158

152

168

135

142

Construction engineering and construction materials

207

246

252

245

226

Others

558

470

510

549

431

Total:

3207

3035

3123

2965

2858


The data presented in Table 1.7.2 show that leading positions are consistently held by such fields of technology as power engineering and electrical engineering with 511 contracts (470 contracts in 2014, 490 contracts in 2013, 499 contracts in 2012, 567 contracts in 2011), chemistry and petroleum chemistry with 406 contracts (407 contracts in 2014, 382 contracts in 2013, 438 contracts in 2012, 454 contracts in 2011), as well as medicine with 396 contracts (439 contracts in 2014, 473 contracts in 2013, 388 contracts in 2012, 414 contracts in 2011). The number of contracts related to medicine decreased by almost 10 % in 2015 as compared to 2014, while the number of contracts related to power engineering and electrical engineering increased by almost 9 %.

A total of 1313 contracts were registered in all of the abovementioned fields of technology, which amounts to 46 % of the total number of registered contracts (44,4 % in 2014, 43,1 % in 2013, 44 % in 2012, 44,7 % in 2011).

It should be noted that the number of contracts registered in 2015 exceeds the average value in the respective field in 2011–2014 only in light industry by 16 % (221 contracts per year average, 257 contracts in 2015) and in power engineering and electrical engineering by 1 % (506 contracts per year average, 511 contracts in 2015). In other fields of technology there was a decrease in the number of registered contracts. The largest decrease of this index was in metallurgy by 42 % (106 contracts per year average, 62 contracts in 2015) and in mechanical engineering, machine-tool industries, tool production by 19 % (252 contracts per year average, 205 contracts in 2015).

Table 1.7.3 shows the dynamics of activity of contractual parties by categories of economic entities. In general, the ratio of the activities of the indicated categories of economic entities should be noted as being relatively stable.

Table 1.7.3

Dynamics of activity of contractual parties by categories of economic entities

Categories of economic entities

Share of the total number of contracts, %

Transferor

Transferee

2011

2012

2013

2014

2015

2011

2012

2013

2014

2015

Natural persons

31,8

31,6

32,21

25,46

22,11

8,98

9,09

8,07

8,28

6,08

State enterprises, research institutes, universities, design offices

16,25

19,93

17,1

10,67

12,7

5,52

6,39

4,03

3,12

2,75

Non-governmental entities,

including:

51,95

48,47

50,69

63,87

65,19

85,5

84,52

87,9

88,60

91,17

Joint ventures

-

-

Foreign companies

7,48

6,59

10,9

11,95

13,02

6,92

5,3

9,38

10,9

11,02

Others

-

-


Non-governmental enterprises still dominate as transferees, the share of which in 2015 (91,17 %) increased by 2,57 % (88,6 % in 2014). In 2015, the share of this category of enterprises as transferors increased by 1,32 % (63,87 % in 2014). The shares of these enterprises both as transferors and as transferees are the largest since 2011.

The activity of state enterprises, research institutes, design offices, universities continued to decrease as a transferee and reached 2,75 %, which is the lowest value since 2011. The index of activity of this category of economic entities as transferors in 2015 amounted to 12,7 %, which is 3,3 % below the average value of this index since 2011 (15,99 %), but above the value of 2014 (10,67 %).

Table 1.7.4

The number of registered contracts and the number of patents covered by registered contracts

Indices

2011

2012

2013

2014

2015

The number of registered contracts*/ the number of patents covered by registered contracts, total

including

3207/6242

3035/6301

3123/5961

2965/6375

2858/6806

for inventions

2027/3561

1872/3599

2005/3599

1789/3483

1693/4271

for utility models

878/1932

897/2062

868/1771

981/2243

927/1795

for industrial designs

302/749

266/640

250/591

195/649

238/740


* Excluding non-contractual transfers of exclusive rights to other persons

The statistics presented in Table 1.7.4 show that the average number of patents covered by one contract has stabilized in recent years at about two patents (2,02 patents per contract) with minor upward or downward deviations: 2,15 patents per contract in 2014, 1,91 patents per contract in 2013, 2,08 patents per contract in 2012, 1,95 patents per contract in 2011. In 2015, this index (2,38 patents per contract) exceeded the average value by 18 %. In addition, in 2015, the largest number of patents covered by registered contracts was observed, amounting to 6806 patents. As compared to the average number of patents commercialized every year since 2011 (an average of 6220 patents per year), the number of patents commercialized in 2015 increased by 9,4 %. The number of patents commercialized every year is, in fact, the most important characteristic.

In 2015, Rospatent received 473 requests submitted by legal successors to register non-contractual transfers of exclusive rights in respect of 2074 patented inventions, utility models and industrial designs (229 requests covering 1287 objects in 2014, 375 requests covering 1684 objects in 2013, 346 requests covering 3320 objects in 2012, 348 requests covering 2557 objects in 2011). As compared to the average values for four previous years, the indices of 2015 exceeded the number of filed requests by 46 %, while the number of patents per request decreased by 6,2 %. Non-contractual transfers of exclusive rights to other persons were registered upon 376 requests covering 1770 patented objects (197 requests covering 1058 objects in 2014, 294 requests covering 1514 objects in 2013, 218 requests covering 2060 objects in 2012, 204 requests covering 1206 objects in 2011). The number of patents per one registered non-contractual transfer of exclusive rights in 2015 amounted to 4,7 (5,4 in 2014, 5,15 in 2013, 9,5 in 2012, 5,9 in 2011), which is below the average value for four previous years (6,48).

Trademarks and service marks

The statistics for 2011–2015 present both the data on the number of registered contracts and on the total number of trademarks in respect of which the rightholders assigned exclusive rights by contract of alienation of exclusive rights to a trademark or granted the right to use a trademark by license agreements, including sublicense agreements (hereinafter — license agreements), and by commercial concession agreements, including commercial subconcession agreements (hereinafter — franchise agreements).

Table 1.7.5 presents the data on the number of trademarks covered by registered contracts of alienation of exclusive rights in 2011–2015, registered license agreements and franchise agreements in 2011–2015.

As can be seen from Table 1.7.5, in 2015 the total number of trademarks (24138) covered by registered contracts of alienation of exclusive rights, license agreements and franchise agreements, increased by 0,8 % as compared to 2014 (23948), by 9,2 % as compared to 2013 (22108), by 15,3 % as compared to 2011 (20938), by 26,1 % as compared to 2010 (19146), but did not exceed the value of 2012 (29021 trademarks).

Table 1.7.5

The number of trademarks covered by registered contracts of alienation of exclusive rights to trademarks and license/franchise agreements granting the right to use a trademark

Type of contract

2011

2012

2013

2014

2015

Contracts of alienation of exclusive rights to trademarks, total

including those with transferors being:

7953

8195

6921

8287

10697

Russian rightholders

6222

6270

5236

6246

8001

foreign rightholders

1731

1925

1685

2041

2696

License agreements/franchise agreements, total

including those with transferors being:

10216/2769

13840/6986

11494/3693

10844/4817

9637/3804

Russian rightholders

6831/1896

9165/5944

7648/3258

7712/4128

6613/3462

foreign rightholders

3385/873

4675/1042

3846/435

3131/690

3024/342


Table 1.7.6

Breakdown of contracting parties by Russian and foreign persons

Contracting parties

Contracts of alienation of exclusive rights to TMs

License agreements / franchise agreements

2011

2012

2013

2014

2015

2011

2012

2013

2014

2015

Both parties are Russian persons

2615

2828

2404

2757

3098

3857/1112

4377/5956

4391/2862

4105/3025

3771/2751

Both parties are foreign persons

511

569

559

562

589

160/2

174/3

144/4

137/6

102/2

The transferor is a Russian person, the transferee is a foreign person

287

277

273

254

233

40/2

40/5

35/4

65/1

27/3

The transferor is a foreign person, the transferee is a Russian person

70

71

76

100

195

686/287

819/321

814/340

843/279

702/149


Table 1.7.7

The number of registered contracts and the number of trademarks covered
by registered contracts

Type of contract

2011

2012

2013

2014

2015

Contracts

TMs

Contracts

TMs

Contracts

TMs

Contracts

TMs

Contracts

TMs

Contracts of alienation of exclusive rights to trademarks, total

including those with transferors being:

3483

7953

3745

8195

3312

6921

3673

8287

4115

10697

Russian rightholders

2902

6222

3105

6270

2677

5236

3011

6246

3331

8001

foreign rightholders

581

1731

640

1925

635

1685

662

2041

784

2696

License agreements /franchise agreements, total,

including those with transferors being:

4743/

1403

10216/

2769

5410/

6285

13840/

6986

5384/

3210

11494/

3693

5150/

3311

10844/

4817

4602/

2905

9637/

3804

Russian rightholders

3897/

1114

6831/

1896

4417/

5961

9165/

5944

4426/

2866

7648/

3258

4170/

3026

7712/

4128

3798/

2754

6613/

3462

foreign rightholders

846/

289

3385/

873

993/

324

4675/

1042

958/

344

3846/

435

980/

285

3131/

690

804/

151

3024/

342

Pledge

52

280

24

82

60

191

40

258

58

362

Amendments

2663

9529

2754

11123

5172

12789

6606

16950

5919

17120

Terminations

1122

2597

1074

2200

1392

2702

1424

3183

2045

3525

Total

13466

33344

19292

42426

18530

37790

20204

44339

19644

45145


As can be seen from Tables 1.7.6 and 1.7.7, 4115 contracts of alienation of exclusive rights to trademarks were registered in 2015 (3673 in 2014, 3312 in 2013, 3745 in 2012, 3483 in 2011), by which exclusive rights were assigned to 10697 trademarks, with 8001 (or 74,8 %) owned by Russian rightholders and accordingly 2696 (or 25,2 %) owned by foreign rightholders. The number of registered contracts of alienation of exclusive rights to trademarks increased by 12 % as compared to 2014 and became a record-setting for the analyzed period.

License agreements and franchise agreements (7507 total) were registered in respect of 13441 trademarks in 2015, whereby the share of trademarks in contracts with Russian persons acting as transferors amounted to 10075 or 75 %, while the share of trademarks in contracts with foreign persons acting as transferors amounted to 3366 or 25 %, accordingly. In 2014, license agreements and franchise agreements (8461 total) were registered in respect of 15661 trademarks, whereby the share of trademarks in contracts with Russian persons acting as transferors amounted to 11840 or 75,6 %, while the share of trademarks in contracts with foreign persons acting as transferors amounted to 3821 or 24,4 %, accordingly.

Therefore, the ratio between Russian and foreign persons in 2015 remained at the level of 2014.

The total number of trademarks in respect of which the right to use was granted by license agreements and franchise agreements in 2015 amounts to 13441 (or 55,7 % of the total number of trademarks covered by contracts of alienation and agreements granting the right to use them), and the number of trademarks in respect of which exclusive rights were assigned by contracts of alienation amounts to 10697 (or 44,3 % of the total number of trademarks covered by contracts).

The comparison with the corresponding data for 2014 (15661 or 65,4 % and 8287 or 34,6 %, accordingly), for 2013 (15187 or 68,6 % and 6921 or 31,4 %, accordingly), for 2012 (20826 or 71,8 % and 8195 or 28,2 %, accordingly) and for 2011 (12985 or 62 % and 7953 or 38 %, accordingly) shows that licensing (franchising) still remains the dominant way to dispose of exclusive rights to trademarks. However, in 2015, the share of registered dispositions of exclusive rights by contracts of alienation increased to 44,3 % (34,6 % in 2014, 31,3 % in 2013, 28,2 % in 2012, 38 % in 2011).

In 2015, the number of registered license agreements (4602) decreased, as compared to 2014 (5150) and 2013 (5384). The number of registered franchise agreements decreased as well, to 2905 as compared to 2014 (3311) and 2013 (3210).

The total number of license agreements and franchise agreements registered in 2015 amounted to 7507 covering 13441 trademarks, which is 11,3 % below the level of 2014 (8461 covering 15661 trademarks), 12,6 % below the level of 2013 (8594 contracts covering 15187 trademarks) and over 1,5 times smaller than in 2012, but is larger than in 2011 (6146 covering 12985 trademarks).

The activity of Russian rightholders in the field of registration of contracts of disposition of exclusive rights to trademarks is consistently high. As can be seen from Table 1.7.7, the share of trademarks owned by Russian persons and covered by registered contracts / contractual dispositions, amounted to 74,9 % in 2015 (18076 trademarks), to 75,5 % in 2014 (18086 trademarks), to 73 % in 2013 (16142 trademarks), to 73,6 % in 2012 (21379 trademarks), to 71,3 % in 2011 (14949 trademarks).

The number of registered contracts covering trademarks owned by Russian rightholders in 2015 amounted to 85 % (9883 contracts) of the total number of contracts (11622). This number amounted to 84.1 % (10207 contracts) of the total number of contracts (12134) in 2014, to 83,7 % (9969 contracts) of the total number of contracts (11906) in 2013, to 87 % (13483 contracts) of the total number of contracts (15440) in 2012 and to 82 % (7913 contracts) of the total number of contracts (9629) in 2011.

The share of registered contracts covering trademarks owned by foreign rightholders in 2015 (1739 contracts) amounted to 15 % of the total number of contracts, in 2014 (1927 contracts) to 15,9 % of the total number of contracts, to 16,3 % in 2013, to 13 % in 2012 and to 18 % in 2011.

In 2015, the ratio between the number of registered contracts of alienation of exclusive rights and agreements granting the right to use them and the number of trademarks covered by these contracts amounted to 1:2;07, to 1:1,97 in 2014, to 1:1,86 in 2013, to 1:1,88 in 2012.

2905 franchise agreements were registered in 2015 in respect of 3804 trademarks, which amounts to 87,7 % as compared to 2014 (3311 agreements in respect of 4817 trademarks), 90,5 % as compared to 2013 (3210 agreements in respect of 3693 trademarks), 46,2 % as compared to 2012 (6285 contracts in respect of 6986 trademarks) and 207 % as compared to 2011 (1403 contracts in respect of 2769 trademarks).

In 2015, Rospatent also provided the state registration of pledges (subsequent pledges) of exclusive rights to trademarks. 58 pledges of exclusive rights were registered covering 362 trademarks. Rospatent registered 40 contracts of pledge of exclusive rights covering 258 trademarks in 2014, 60 contracts of pledge of exclusive rights covering 191 trademarks in 2013, 24 contracts of pledge of exclusive rights covering 82 trademarks in 2012. The number of registered pledges increased. Moreover, the number of trademarks covered by registered pledges increased sharply: 362 in 2015, 258 in 2014, 191 in 2013, 82 in 2012, 280 in 2011.

Rospatent provides registration of amendments to registered contracts and registration of terminations of registered contracts.

The number of registered amendments to registered contracts amounted to 5919 changes covering 17120 trademarks in 2015, 6606 changes covering 16950 trademarks in 2014, 5172 changes covering 12789 trademarks in 2013, 2754 changes covering 11123 trademarks in 2012, 2663 changes covering 9529 trademarks in 2011.

Also, 2045 terminations of registered contracts were registered in 2015 covering 3525 trademarks. To compare: 1424 terminations were registered in 2014 (3183 trademarks), 1392 terminations in 2013 (2702 trademarks), 1074 terminations in 2012 (2200 trademarks), 1122 terminations in 2011 (2597 trademarks).

829 non-contractual transfers of exclusive rights to 2474 trademarks were registered in 2015, 451 transfers of exclusive rights to 2006 trademarks in 2014, 498 transfers in 2013 (1801 trademarks), 531 transfers in 2012 (2046 trademarks), 513 transfers in 2011 (1276 trademarks).

Rospatent provides registration of dispositions of exclusive rights by contracts covering both trademarks and objects of patent law (inventions, utility models, industrial designs). 112 contractual dispositions of exclusive rights were registered in 2015, covering, among others, 851 objects of patent law. 84 such contracts were registered in 2014 and 129 in 2013.

In 2015, a total of 21788 requests to register contractual and non-contractual transfers of exclusive rights were received. Of the 21197 requests considered, 19644 contractual dispositions of exclusive rights covering 45145 trademarks and 829 non-contractual transfers covering 2474 trademarks were registered (a total of 20473 transfers covering 47619 trademarks), which amounted to 96,58 % of the total number of requests considered. the registration was refused for 599 requests and 125 requests were withdrawn from registration.

In 2014, a total of 23038 requests to register contracts and non-contractual transfers of exclusive rights were received, 94 of which were not accepted for consideration. Of the 22467 requests considered, 20204 contracts covering 44339 trademarks and 451 non-contractual transfers covering 2006 trademarks were registered (a total of 20655 transfers in respect of 46345 trademarks), which amounted to 91,9 % of the total number of requests considered. The registration was refused for 1585 requests and 227 requests were withdrawn from registration.

The number of notifications sent on refusal of the state registration of contractual dispositions of exclusive rights to trademarks in 2015 decreased significantly as compared to 2014 due to the amendments made to the legislation as of October 1, 2014. Therefore, the Administrative regulation on the performance by the Federal Service for Intellectual Property, Patents and Trademarks of the state function on registration of contracts granting rights to inventions, utility models, industrial designs, trademarks, service marks, protected computer programs, databases, topographies of integrated circuits, as well as franchise agreements on the use of intellectual property objects protected in accordance with the patent legislation of the Russian Federation, approved by the Order of the Ministry of Education and Science of the Russian Federation of October 29, 2008 No. 321 and registered with the Ministry of Justice of the Russian Federation of March 5, 2009, reg. No. 13482, regulating the order of consideration of requests, was applied so far as it did not contradict the acting legislation. As a result, in the cases of expected refusal of the state registration notifications (requests) were sent to the applicants asking to provide missing or amended documents, which increased the pendency time for final decision.

It should be added that 518 requests were received for registration in 2015 which were signed by the contracting parties (i.e. the contracts themselves were not provided for registration), of which 451 requests were satisfied.

Computer programs, databases and topographies of integrated circuits (CP, DB, TIC)

In the reported period, the number of requests filed for registration of contractual and non-contractual transfers of exclusive rights decreased by 9,7 %: from 383 in 2014 to 346 in 2015.

In 2015, a total of 389 requests were considered (with decisions sent to the applicants) concerning dispositions of exclusive rights to 902 objects (CPs, DBs and TICs) against 319 requests covering 576 objects in 2014. At the same time, the number of requests withdrawn by the applicants during consideration or refused in the state registration decreased by 33,3 % (from 39 to 26 requests).

The number of registered transfers of exclusive rights by contracts of alienation of exclusive rights to computer programs, databases and topographies of integrated circuits and of non-contractual transfers of exclusive rights is presented in Table 1.7.8.

Table 1.7.8

The number of registered contractual and non-contractual transfers of exclusive rights to registered computer programs, databases and topographies of integrated circuits

Type of transfer of exclusive rights

2011

2012

2013

2014

2015

By contracts of alienation of exclusive rights

218

295

266

257

305

Non-contractual transfers of exclusive rights

25

25

36

17

58


1.8. Consideration of administrative disputes related to the legal protection of the results of intellectual activity and means of individualization, and consideration of requests

According to the data presented in Table 1.8.1, the number of appeals and applications (hereinafter — requests) received by Rospatent in 2015 within the framework of administrative dispute resolution decreased by ~11 % as compared to 2014. If allocated by objects of patent law, the total number of requests decreased by ~15 % in respect of means of individualization and decreased by ~1 % in respect of the results of intellectual activity. At the same time, there was a substantial increase in respect of utility models (by ~13 %). The number of requests in respect of industrial designs and inventions decreased by ~6 % and ~8 % accordingly.

The average pendency time (from the date of receipt to the date the decision is sent) for requests in respect of means of individualization, which amounted to about 5,5 months in 2014, increased to 7,3 months in 2015. As for the results on objects of patent law, the average pendency time of dispute resolution increased as well, from 8,4 months in 2014 to 12,5 months in 2015. This negative tendency is related to the increase of the number of times board sessions were postponed to provide time for applicants to remove impediments for legal protection of intellectual property objects.

At the same time there was a significant decrease of the number of court rulings to revoke decisions of Rospatent (51 for trademarks and 12 for inventions, utility models and industrial designs in 2014, 10 for trademarks and 5 for inventions, utility models and industrial designs in 2015).

Table 1.8.1

The number of received appeals and applications by types of the results of intellectual activity and means of individualization

Types of the results of intellectual activity and means
of individualization

2011

2012

2013

2014

2015

Inventions

276

303

286

287

265

Utility models

130

169

204

160

181

Industrial designs

55

39

47

53

50

Trademarks

2193

1366

1449

1513

1294

Appellations of origin

7

1

1

1

Granting exclusive rights to earlier registered appellations of origin

12

13

1

2

2

Total:

2666

1897

1988

2016

1793


Table 1.8.2 shows that the total number of decisions of Rospatent made on requests increased by ~13 % as compared to 2014.

Table 1.8.2 also shows that compared to 2014, in 2015 there was almost an 11 % increase in the number of decisions made on appeals against examination decisions of Rospatent (1037 decisions in 2014 vs. 1154 decisions in 2015). The number of decisions made on appeals against granting legal protection increased as well by ~14 % (from 445 decisions in 2014 to 506 decisions in 2015).

It should be noted that in percentage correlation there were no significant changes between the shares of decisions made on appeals against examination decisions of Rospatent and on appeals against granting the legal protection to intellectual property objects. In 2014, they amounted to 69 % and 31 % of the total number of requests, respectively, and in 2015 — to 68 % and 32 %.

At the same time, Table 1.8.2 shows that since 2013 the gap between the number of received requests and the number of considered cases is consistently decreasing (425 cases in 2013, 394 cases in 2014, 37 cases in 2015).

Prosecution was refused on 129 requests in 2015, which is 29 more than in 2014 (100 requests). This is determined by the increase in the number of requests that the applicants failed to reply to. At the same time the total number of received requests decreased in 2015.

Table 1.8.2

The number of appeals and application and the number of decisions made by Rospatent

Type of request

2011

2012

2013

2014

2015

Received

Decisions made

Received

Decisions made

Received

Decisions made

Received

Decisions made

Received

Decisions made

Appeals against examination decisions

1020

921

1052

786

1295

896

1419

1037

1235

1154

Appeals against granting legal protection

582

535

766

519

657

532

575

445

536

506

Applications

1027

944

79

262

36

27

22

18

22

30

Not recognized as appeals or applications (failed to comply to the requirements)

0

384

0

402

0

95

-

100

-

129

Appeals and applications recognized as withdrawn

32

10

13

-

22

-

11

Total:

2629

2816

1897

1979

1988

1563

2016

1622

1793

1830


Table 1.8.3 shows the breakdown of the number of decisions made by Rospatent by different types of the results of intellectual activity and means of individualization. As can be seen from this Table, the number of decisions made in 2015 on means of individualization, as in previous years, vastly exceeds the number of decisions made on other types of intellectual property objects. In respect of trademarks a general tendency for growth can be observed in the number of decisions made on appeals against examination decisions of Rospatent (893 decisions made in 2014 and 985 decisions made in 2015). There was also an increase in the number of decisions made on appeals against granting of legal protection (262 decisions in 2014 and 320 decisions in 2015). There was a significant increase in the number of decisions made on appeals against granting of legal protection to trademarks where the actions of the rightholder related to the registration were duly recognized as abuse of rights or unfair competition (5 such decisions were made in 2014 and 13 decisions in 2015). There was also an increase in the number of decisions on requests to recognize a trademark or an indication as a well-known mark in the Russian Federation (from 11 to 23).

In respect of inventions the number of decisions made on appeals against examination decisions increased (from 94 in 2014 to 126 in 2015). At the same time the number of decisions made on appeals against granting of legal protection decreased (from 99 to 67). In respect of utility models, on the opposite, the number of decisions made on appeals against examination decisions decreased (from 41 to 34), while the number of decisions made on appeals against granting of legal protection increased (from 63 to 90).

The number of decisions in respect of industrial designs did not change as compared to 2014 (9 decisions on appeals against examination decisions of Rospatent, 14 decisions on appeals against granting legal protection).

Table 1.8.3

Breakdown of the number of decisions made by Rospatent by different types of the results of intellectual activity and means of individualization

Types of the results of intellectual activity and means of individualization

Years

Decisions

On appeals against examination decisions

On appeals against granting legal protection

On applications

Inventions

2011

135

79

-

2012

114

86

-

2013

107

65

-

2014

94

99

-

2015

126

67

-

Utility models

2011

17

117

-

2012

10

85

-

2013

20

89

-

2014

41

63

-

2015

34

90

-

Industrial designs

2011

21

31

-

2012

10

12

-

2013

20

14

-

2014

9

14

-

2015

9

14

-

Trademarks

2011

748

305

928

2012

651

327

238

2013

748

346

5

2014

893

262

2

2015

985

320

1

Well-known marks

2011

-

1

10

2012

-

1

16

2013

-

2

17

2014

-

1

11

2015

-

-

23

Trademarks (abuse of rights and unfair competition)

2011

-

3

-

2012

-

8

-

2013

-

10

-

2014

-

5

-

2015

-

13

-

Trademarks that became generic names

2013

-

-

3

2014

-

-

5

2015

-

-

5

Appellations of origin

2011

-

-

-

2012

-

2

-

2013

-

4

1

2014

-

-

-

2015

-

1

-

Granting of exclusive rights to earlier registered appellations of origin

2011

-

2

3

2012

1

6

-

2013

1

2

1

2014

-

1

-

2015

-

1

1


Table 1.8.4 presents the results of consideration of appeals by types of results of intellectual activity and means of individualization, according to which 904 of the considered appeals were satisfied and 614 were rejected. Percentage-wise, the number of positive and negative decisions remained about the same as in 2014 (60 % of appeals satisfied and 40 % of appeals rejected).

For means of individualization in 2015 the number of both satisfied appeals (783 in 2015 against 722 in 2014) and rejected appeals (460 in 2015 against 395 in 2014) increased. However, in percentage correlation the number of satisfied and rejected appeals remained about the same. The respective dynamics do not differ for various objects of patent law.

Table 1.8.4

The results of consideration of appeals

Types of the results of intellectual activity and means of individualization

Years

Outcome of consideration

Appeal satisfied

Appeal rejected

Inventions

2011

60

145

2012

61

117

2013

51

108

2014

51

92

2015

74

87

Utility models

2011

57

58

2012

42

42

2013

58

38

2014

55

65

2015

40

61

Industrial designs

2011

27

20

2012

9

9

2013

14

13

2014

5

13

2015

7

6

Trademarks (including well-known marks)

2011

531

488

2012

565

371

2013

636

416

2014

722

395

2015

782

460

Appellations of origin (registration)

2011

-

-

2012

-

2

2013

1

3

2014

-

-

2015

1

1

Granting exclusive rights to earlier registered appellations of origin

2011

-

2

2012

1

6

2013

1

2

2014

-

-

2015

-

-

Total

2011

675

713

2012

678

547

2013

761

580

2014

833

565

2015

904

614


As can be seen from the data presented in Table 1.8.5, among the 1660 decisions made by the Chamber of Patent Disputes in 2015 on appeals related to intellectual property objects, 417 appealed decisions of Rospatent were affirmed and legal protection on 197 registrations was retained, which amounts to 36,9 % of all decisions. This index is about the same as in 2014 (~38 %).

Table 1.8.5

The number of decisions made on appeals

Types of decisions

2011

2012

2013

2014

2015

Examination decisions of Rospatent

affirmed

133 Patents, 333 TMs

97 Patents, 226 TMs

105 Patents, 266 TMs

100 Patents, 287 TMs

90 Patents, 327 TMs

revised

11 Patents, 32 TMs

13 Patents, 82 TMs

8 Patents, 105 TMs,

6 Patents, 136 TMs

7 Patents, 113 TMs

revoked

28 Patents, 376 TMs

20 Patents, 334 TMs

32 Patents, 366 TMs

36 Patents, 459 TMs

60 Patents, 533 TMs

Granting legal protection (except for well-known trademarks)

recognized as invalid in full

91 Patents, 66 TMs

64 Patents, 72 TMs

69 Patents, 83 TMs

60 Patents, 63 TMs

45 Patents, 54 TMs

recognized as invalid in part

14 Patents, 57 TMs

15 Patents, 78 TMs

14 Patents, 84 TMs

9 Patents, 64 TMs

9 Patents, 83 TMs

affirmed

90 Patents, 154 TMs

71 Patents, 152 TMs

54 Patents, 153 TMs

70 Patents, 108 TMs

64 Patents, 133 TMs

Prosecution terminated

70

80

87

83

65 Patents, 77  TMs

Total

1455

1304

1426

1481

1660


As can be seen from the table above, in 2015 the number of cases where prosecution was terminated increased significantly (from 83 cases in 2014 to 142 cases in 2015).

Table 1.8.6

The number of considered requests related to trademarks and appellations of origin,
by types of requests

Type of request

Type of decision

2011

2012

2013

2014

2015

Pre-term termination of legal protection of trademarks that became generic names for certain types of goods

rejected

2

3

3

Pre-term termination of legal protection of appellations of origin

rejected

1

-

-

Pre-term termination of validity of certificates of exclusive rights to appellations of origin

rejected

3

1

-

1

Prosecution terminated

169

40

1

3

3

Total

931

238

10

7

7


In 2015, Rospatent did not consider cases related to the termination of legal protection of trademarks due to non-use, which is a competence of the Court for Intellectual Property Rights.

As noted above, in 2015, there was almost a twofold increase, as compared to 2014, in the number of decisions made on requests to recognize a trademark or an indication used as a trademark as a well-known mark in the Russian Federation, most of which were satisfied.

Table 1.8.7

The number of considered cases related to well-known marks

Type of case related to well-known marks

Type of decision

2011

2012

2013

2014

2015

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

satisfied

8

14

12

7

15

satisfied in part

-

-

-

1

2

rejected

2

2

5

2

3

prosecution terminated

-

-

-

1

3

Appeals against granting legal protection to well-known marks in the Russian Federation

satisfied

-

-

-

-

-

rejected

1

1

2

1

-

Total

11

17

19

12

23


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

In accordance with paragraph 6.5 of the Statute of the Federal Service for Intellectual Property approved by the Decree of the Government of the Russian Federation of March 21, 2012 No. 218 Rospatent provides explanations on matters within its competence, including explanations upon requests of executive authorities, public prosecution and judicial authorities performing law enforcement functions in the fields of civil circulation of intellectual property objects and enforcement of exclusive rights.

In 2015, Rospatent responded to a total of 5655 requests of executive authorities as well as public prosecution and judicial authorities. The respective data are presented in Table 1.9.1.

Table 1.9.1

Name of the authority

Number of requests

Subject of requests

2011

2012

2013

2014

2015

Government of the Russian Federation

52

57

51

50

44

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

Ministry of Education and Science of the Russian Federation

25

1

6

2

5

Ministry of Foreign Affairs of the Russian Federation

1

-

-

1

3

Ministry of Justice of the Russian Federation

21

5

6

4

6

Ministry of Finance of the Russian Federation

-

1

-

1

1

Ministry of Agriculture of the Russian Federation

-

-

-

1

6

Ministry of Culture of the Russian Federation

1

1

-

3

1

Ministry of Defense of the Russian Federation

4

6

2

5

8

Ministry of Industry and Trade of the Russian Federation

2

1

2

6

6

Ministry of Economic Development of the Russian Federation

17

67

53

49

61

Ministry of Telecommunications and Mass Media of the Russian Federation

-

5

3

6

4

Ministry of Health of the Russian Federation

-

-

5

2

4

Chamber of Commerce and Industry of the Russian Federation

4

6

6

4

5

Federal Service for Supervision in the Field of Consumer Rights Protection and Human Welfare

10

37

20

13

19

Federal Service for Supervision in the Field of Mass Communications and Cultural Heritage Protection

5

-

-

-

-

Federal Service for Alcohol Market Regulation

-

1

7

3

8

Ministry of Internal Affairs of the Russian Federation

300

310

308

308

521

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

  • provision of information on the results of analysis of similarity between unregistered indications used for marking the goods, and trademarks; of similarity of the goods; of using the features of protected inventions, utility models or industrial designs in a specific object;
  • provision of information on registration of specific objects of industrial property, on the scope of protection, the number and the date of issuance of titles of protection, duration thereof, rightholders and their representatives, as well as on registration of contracts for disposition of exclusive rights to industrial property objects

Federal Security Service

3

-

14

3

4

Federal Antimonopoly Service

137

170

165

204

200

Federal Customs Service

297

302

293

188

187

Federal Tax Service

135

114

155

115

145

Federal Service of Court Bailiffs

3810

4519

4805

3406

4291

Provision of data on registered intellectual property objects.

Provision of data on the existing enforcement measures related to intellectual property objects.

Seizure of intellectual property objects.

Release intellectual property objects from seizure.

Provision of data and documents on disposition of rights to intellectual property objects

Office of the General Prosecutor

37

52

43

46

35

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

Courts

59

40

77

91

Total:

39

5714

5984

4497

5655


The following trends can be observed since 2013:

  • decrease in the number of requests received from the Federal Customs Service;
  • increase in the number of requests received from the Ministry of Internal Affairs of the Russian Federation and from courts.

The representation of Rospatent and FIPS in the judicial authorities was implemented by employees of the court representation division of FIPS. This division is involved in settling disputes in commercial courts and general jurisdiction courts and exercises control over the proper execution of judicial acts and enforcement measures imposed on various objects of intellectual property.

The court representation division of FIPS analyzes and summarizes judicial practices, prepares analytical reports on matters of legal implementation practices in the field of protection of the results of intellectual activity and means of individualization.

As can be seen from the data presented in Table 1.9.2 that 621 cases involving Rospatent were considered in courts located in Moscow in 2015.

According to the data presented in Table 1.9.2, the largest number of cases is considered in the Court for Intellectual Property Rights on disputes related to granting or termination of legal protection of the results of intellectual activity and means of individualization.

The decisions (actions) of Rospatent which do not fall within the competence of the Court for Intellectual Property Rights are appealed in other commercial courts. Most of these disputes are related to appeals against refusals of the state registration of contracts in respect of the results of intellectual activity and means of individualization.

A total of 440 judicial acts on trademarks, 2 judicial acts on appellations of origin and 179 judicial acts on patents for inventions, utility models and industrial designs were issued in the reported period.

Table 1.9.2

Judicial cases related to appeals against decisions (actions) of Rospatent considered
by courts located in Moscow

IP Objects

Appeals against decisions (actions) of Rospatent

Court for Intellectual Property Rights

Other commercial courts

General jurisdiction courts

Total

Claims
satisfied

Claims rejected

Claims
satisfied

Claims rejected

Claims
satisfied

Claims rejected

Trademarks

40

369

3

24

-

4

440

Inventions

7

92

2

8

-

8

117

Utility
models

8

41

-

4

-

5

58

Industrial designs

1

3

-

-

-

-

4

Appellations of origin

-

2

-

-

-

-

2

Total:

621


Rospatent is also involved in legal cases on disputes related to infringements of exclusive rights, to identification of authors (patent holders) of patents for inventions, utility models and industrial designs, as well as to recognizing invalidity (termination) of contracts related to intellectual property objects.

The data on the number of such cases considered by both commercial courts and courts of general jurisdiction in Moscow in 2015 are presented in Table 1.9.3.

Table 1.9.3

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

IP Objects

Challenging contracts, authors and patent holders, infringements of exclusive rights

Commercial Courts

General Jurisdiction courts

Court for Intellectual Property Rights

Total

Claims
satisfied

Claims
rejected

Claims
satisfied

Claims
rejected

Claims
satisfied

Claims
rejected

Trademarks

11

48

2

7

3

22

93

Inventions

1

6

2

5

2

12

28

Utility
models

2

4

-

2

5

5

18

Industrial designs

-

1

-

-

-

-

1

International registrations

-

1

-

-

-

-

1

Computer Programs

-

-

-

1

-

-

1

Total:

142


It should be noted that Table 1.9.3 does not include legal cases involving Rospatent that were considered by courts outside of Moscow.

The analysis of judicial practices for 2015 in cases involving Rospatent should take into account a large number of disputes on pre-term termination of legal protection of trademarks due to non-use. Rospatent is involved in such cases as an intervener. The data on the number of issued court decisions are presented in Table 1.9.4.

Table 1.9.4

Judicial cases of pre-term termination of legal protection of trademarks due to non-use

IP Objects

Pre-term termination of legal protection of trademarks due to non-use

Court for Intellectual Property Rights

Other commercial courts

Total

Claims satisfied

Claims rejected

Claims satisfied

Claims rejected

Trademarks

233

357

-

4

594

International registrations valid in the territory of the Russian Federation

26

43

-

1

70

Total:

664


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

In order to extend the interaction of the system of Rospatent with regions of the Russian Federation in the field of intellectual property, in 2015, the cooperation agreement between Rospatent and the Government of the Kurgan Region was signed. Also, due to expiration of the cooperation agreements with the Governments of Kaliningrad and Sverdlovsk regions, new agreements with these regions were concluded in 2015.

Following the results of 2015, Rospatent interacts with 45 Governments (administrations) of regions of the Russian Federation within the framework of cooperation agreements, and FIPS cooperates with 50 regional supporting (competent) organizations from 36 regions of the Russian Federation on the basis of the signed contracts (Table 1.10.1).

Table 1.10.1

Cooperation of the system of Rospatent with regions of the Russian Federation
within the framework of regional policy

Federal district

Regions where Rospatent concluded cooperation agreements with the local governments (administrations)

Supporting organizations in regions which concluded cooperation agreements with FIPS

Central

Belgorod Region

State Budgetary Institution of Culture «Belgorod state universal scientific library»

Bryansk Region

State Budgetary Institution of Culture «Bryansk state universal scientific library n.a. F. I. Tyutchev»

Voronezh Region

Voronezh Scientific and Technical Information Center — branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation

Federal State Budgetary Educational Institution of Higher Vocational Education «Voronezh forestry engineering academy»

Kaluga Region

-

Kostroma Region

-

Lipetsk Region

State Budgetary Institution of Culture «Lipetsk regional universal scientific library»

Oryol Region

Federal State Budgetary Educational Institution of Higher Vocational Education «State University — Education-Science-Production Complex»

Ryazan Region

-

Tambov Region

Federal State Budgetary Educational Institution of Higher Vocational Education «Tambov state technical university»

Tver Region

State Budgetary Institution of Culture of Tver Region «Tver «Badge of Honor» Order regional universal scientific library n.a. A. M. Gorky»

Tula Region

State Institute of Culture «Tula regional universal scientific library»

City of federal importance Moscow

Advanced Research Foundation

Federal State Unitary Enterprise «All-Russian scientific research institute of aircraft materials» State Research Center of the Russian Federation

Moscow City Organization of the All-Russian Society of Inventors and Innovators

South

Astrakhan Region

State Budgetary Educational Institution of Higher Vocational Education «Astrakhan state medical academy» of the Ministry of Health of the Russian Federation

Volgograd Region

Federal State Educational Institution of Higher Vocational Education «Volgograd academy of the Ministry of Internal Affairs of the Russian Federation»

Volgograd Chamber of Commerce and Industry

North-West

Republic of Karelia

-

Republic of Komi

-

Arkhangelsk Region

Arkhangelsk regional scientific library n.a. N. A. Dobrolyubov

Kaliningrad Region

Kaliningrad Chamber of Commerce and Industry

City of federal importance Saint-Petersburg

Institute of international business and law of the Federal State Budgetary Educational Institution of Higher Vocational Education «Saint-Petersburg national research university of information technologies, mechanics and optics»

Federal State Autonomous Educational Institution of Higher Vocational Education «Peter the Great Saint-Petersburg Polytechnic University»

Far East

Republic of Sakha (Yakutia)

-

Khabarovsk Territory

Autonomous Nonprofit Organization «Far Eastern agency of assistance to innovations»

Amur Region

Federal State Budgetary Educational Institution of Higher Vocational Education «Amur state university»

Sakhalin Region

Federal State Budgetary Educational Institution of Higher Vocational Education «Sakhalin state university»

Siberia

-

Regional State Budgetary Institution «Altai regional universal scientific library n.a. V. Y. Shishkov» (Republic of Altai)

Republic of Buryatia

State Autonomous Institution of Culture of the Republic of Buryatia «National Library of the Republic of Buryatia»

Altai Territory

-

Trans-Baikal Territory

-

Novosibirsk Region

Federal State Budgetary Scientific Institution «State public scientific and technical library of the Siberian branch of the Russian Academy of Science»

-

Federal State Budgetary Educational Institution of Higher Vocational Education «Omsk state technical university» (Omsk Region)

Tomsk Region

Federal State Budgetary Educational Institution of Higher Vocational Education «Tomsk national research polytechnic university»

-

Federal State Budgetary Educational Institution of Higher Vocational Education «Tuvan State University» (Republic of Tuva)

Ural

Kurgan Region

State Institution of Culture «Kurgan regional universal scientific library n.a. A. K. Yugov» (Kurgan Region)

Sverdlovsk Region

Ural center of science and technology

Non-commercial partnership of patent attorneys «Novation»

Tyumen Region

-

Volga

-

Federal Budgetary Institution «State regional center for standards, metrology and testing of the Republic of Bashkortostan (Republic of Bashkortostan)

Republic of Mari El

Federal State Budgetary Educational Institution of Higher Vocational Education «State university of Mari El»

Chamber of Commerce and Industry of the Republic of Mari El

Federal State Budgetary Educational Institution of Higher Vocational Education «Volga state technical university»

Republic of Mordovia

Autonomous Institution «Technopark-Mordovia»

Federal State Budgetary Educational Institution of Higher Vocational Education «Mordovia State University n.a. N. P. Ogarev»

Republic of Tatarstan

Chamber of Commerce and Industry of the Republic of Tatarstan

State Unitary Enterprise «Tatarstan Scientific and Technical Information Center»

Udmurt Republic

-

Chuvash Republic

Budgetary Institution «National library of the Chuvash Republic»

Kirov Region

Federal State Budgetary Educational Institution of Higher Vocational Education «Vyatka state university»

Nizhny Novgorod Region

State Budgetary Educational Institution of Further Vocational Education «Science and Technology Center of Nizhny Novgorod»

Ulyanovsk Region

-

Samara Region

State Budgetary Institution of Culture «Samara regional universal scientific library»

Non-state Educational Institution «Tolyatti institute of technical creativity and patenting»

Federal State Budgetary Educational Institution of Higher Vocational Education «Tolyatti State University»

-

Federal State Budgetary Educational Institution of Higher Vocational Education «Saratov state university n.a. N. G. Chernyshevsky» (Saratov Region)

North Caucasus

Republic of Kabardino-Balkaria

Federal State Budgetary Educational Institution of Higher Vocational Education «Kabardino-Balkarian state university n.a. H. M. Berbekov»

Republic of North Ossetia-Alania

-

Stavropol Territory

-

Crimea

Republic of Crimea

State Budgetary Institution of the Republic of Crimea «Nikitinsky Botanic Garden of Order of the Red Banner of Labor — National Scientific Center»

State Budgetary Institution of the Republic of Crimea «Agricultural Research Institute of Crimea»

Federal State Autonomous Educational Institution of Higher Education «Federal University of Crimea n.a. V. I. Vernadsky»

City of federal importance Sevastopol

-

Total:

45

50


In 2015, FIPS continued the implementation of provisions of the Memorandum of Understanding between Rospatent and the World Intellectual Property Organization (WIPO) on establishment of Technology and Innovation Support Centers (hereinafter — TISCs) in the Russian Federation.

Cooperation agreements containing substantive provisions on arranging activity of basic TISCs (TISCs of the 1st level) were signed with 5 organizations: the Federal State Autonomous Educational Institution of Higher Vocational Education «Peter the Great Saint-Petersburg Polytechnic University», the State Budgetary Institution of the Republic of Crimea «Nikitinsky Botanic Garden of Order of the Red Banner of Labor — National Scientific Center», the Federal State Autonomous Educational Institution of Higher Education «Federal University of Crimea n.a. V. I. Vernadsky», the State Budgetary Institution of the Republic of Crimea «Agricultural Research Institute of Crimea», the Federal State Budgetary Educational Institution of Higher Vocational Education «Mordovia State University n.a. N. P. Ogarev».

Moreover, 15 TISCs of the 2nd level were established on the basis of trilateral agreements:

  • in Belgorod Region, based on the State Budgetary Educational Institution of Higher Vocational Education «Belgorod State Institute of Arts and Culture», the Autonomous Nonprofit Organization of Higher Vocational Education «Belgorod University of Cooperation, Economics and Law», the closed joint-stock company «Experimental Factory «VladMiVa»;
  • in the Republic of Tatarstan, based on the Non-governmental Organization «Society of Inventors and Innovators of Republic of Tatarstan», the State Budgetary Educational Institution of Higher Vocational Education «Kazan National Technical Research University n.a. A. N. Tupolev — KAI», the limited liability company «BizBrand», the open joint-stock company «Kazan Helicopter Plant», the limited liability company «Intellect and Law»;
  • in Penza Region, based on the State Budgetary Educational Institution of Higher Vocational Education «Penza State University»;
  • in the Republic of Mordovia, based on the limited liability company «Rostr»;
  • in the Republic of Bashkortostan, based on the limited liability company «Eridan-Service»;
  • in Chuvash Republic, based on the Chuvash Autonomous Institution «Institute of Development of Medical Staff», the Autonomous Non-commercial Organization of Higher Education «Academy of Technology and Management»;
  • in Kirov Region, based on the Federal Budgetary Institution of Science «Kirov Scientific Research Institute of Hematology and Transfusion of the Federal Medical and Biological Agency»;
  • in Krasnodar Territory, based on the Krasnodar Scientific and Technical Information Center — branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation.

As at the end of 2015, TISCs were established on the basis of 135 economic entities (see Diagram 1) in 64 regions of 9 federal districts of the Russian Federation. The full list of economic entities rendering services related to TISCs’ areas of activity is available online on the official website of FIPS (www.fips.ru) in the section «Cooperation with regions of the Russian Federation», «Technology and Innovation Support Centers (TISCs)».

Also, a TISC Manual is available on the websites of Rospatent and FIPS, which contains description of the centers established in the regions of the Russian Federation as well as the list of services offered by these centers.

Diagram 1

Technology and Innovation Support Centers by federal districts

1_1.tif

Number of Technology and Innovation Support Centres by federal districts as to 31. 12. 2015

Economic entities rendering services in TISCs’ areas of activity are allocated by main types of economic activities in accordance with data presented in Diagram 2.

Diagram 2

Technology and Innovation Support Centres by the main types of economic activities
of business entities

1_2.tif

The important aspect of activities within the TISCs project is conducting of free training seminars and workshops for TISCs staff. In 2015, FIPS conducted three training seminars in two regions of the Russian Federation:

  • April 20–21 − seminar for TISCs of the Russian Federation «Basic resources for conducting patent search on the Internet» organized by WIPO, Rospatent and FIPS within the framework of the «Intellectual Property Days 2015» (Moscow);
  • April 23 — seminar for TISCs of the Russian Federation «Employee’s Inventions» organized by WIPO, Rospatent and FIPS within the framework of the «Intellectual Property Days 2015» (Moscow);
  • October 27–28 — seminar for TISCs of the Russian Federation organized by WIPO, Rospatent, FIPS and the Federal State Budgetary Educational Institution of Higher Vocational Education «Petrozavodsk State University» (Petrozavodsk).

The 4th session of TISCs Congress, which has already become an annual event, was held on September 9–10, 2015 in Cheboksary. The Congress was organized by WIPO, Rospatent, FIPS, the Budgetary Institution «National Library of Chuvash Republic» of the Ministry of Culture of Chuvashia and the Chuvash Republican Non-Governmental Organization of the All-Russian Society of Inventors and Innovators.

In 2015, within the framework of the Regional Information Support Program FIPS provided economic entities of Russian regions with 23 new free access points to the full-text databases (hereinafter — DB) of descriptions of national inventions and utility models, including the additional option for TISCs to carry out search in respect of industrial designs.

As at the end of 2015, free internet access to the databases via FIPS website was provided to 302 organizations in 9 federal districts of the Russian Federation. The access was provided to: 48 supporting organizations; 8 science cities, 41 state research centers, 35 research centers of the Russian Academy of Science, 18 organizations within the framework of the federal target program «Development of nanotechnology industry infrastructure in the Russian Federation for 2008–2011», 133 TISCs and 19 other organizations.

Table 1.10.2 shows the breakdown of organizations that have been granted free access to FIPS DBs by respective categories and by federal districts.

Table 1.10.2

Breakdown of organizations that have been granted free access to FIPS full-text databases of national inventions, utility models and industrial designs, by federal districts

Federal District

Supporting organizations

Science cities

State research centers

Research centers of the Russian Academy of Science

Federal target program

Technology and Innovation Support Centers

Others

Total

Central

9

7

28

11

5

32

5

97

North West

3

11

4

3

9

3

33

South

8

1

1

8

3

21

North Caucasus

1

5

6

Volga

15

1

6

3

47

4

76

Ural

7

3

5

15

Siberia

4

1

6

4

14

2

31

Far East

2

5

1

10

2

20

Crimea

3

3

Total:

48

8

41

35

18

133

19

302


In 2015, in accordance with Annexes 1 and 2 to the Agreement on establishment of TISCs, the sets of Russian patent documents on DVD-ROM optical disks (1154 discs in total) were sent to TISCs, and the following information products and materials prepared by the division «All-Russian Patent and Technical Library» (hereinafter — VPTB) available on the FIPS website were updated on a regular basis: the Guide to the VPTB funds and web resources; the Electronic Catalogue of patent law literature; the Internet navigator on patent information resources; lists of recommended bibliography for regions, etc.

In 2015, the following bibliographic indexes were prepared by VPTB to be placed on disks for the participants of the Fourth TISCs Congress:

  • «Legal protection of the results of intellectual activity and means of individualization in accordance with the Civil Code of the Russian Federation»;
  • «Conducting patent search using information search systems».

In 2015, cooperation was continued in accordance with the Memorandum of Understanding between the EAPO and Rospatent on providing access to the Eurasian Patent Information System (EAPATIS) for public libraries and leading universities of the Russian Federation, signed on November 21, 2012. The grounds for inclusion in this list included having the status of TISC or high patent rating. In 2015, the access to EAPATIS was granted to 14 organizations. As on December 31, a total of 71 organizations were granted access to EAPATIS.

In 2015, within the framework of cooperation program between Rospatent and the regions, VTPB of FIPS held 9 thematic meetings during which the leading specialists of FIPS, as well as the specialists of the Russian State Academy of Intellectual Property (RGAIS) presented their reports and answered the participants’ questions:

  • «Use of the «Espacenet» database of the European Patent Office for patent search»;
  • «Drafting applications for industrial designs in view of the amendments made to the Civil Code of the Russian Federation (Part IV)»;
  • «Use of Rospatent and FIPS websites at the stages of creation and legal protection of the results of intellectual activity»;
  • «New patent legislation implementation practices»;
  • «Use of intellectual property in import substitution»;
  • «Commercialization of intellectual property objects»;
  • «Consideration of appeals and requests by the Chamber of Patent Disputes via videoconference systems»;
  • «Training on the use of e-filing system for applications for inventions, utility models and trademarks» (2 meetings).

A total of 1226 persons attended the meetings, coming from the city of Moscow, the Moscow Region and other Russian cities such as Buy, Vladimir, Volgograd, Voronezh, Kostroma, Obninsk, Nevel, Nizhniy Novgorod, Omsk, Ryazan, Saint-Petersburg, Saratov, Tver, Tomsk, Tula, Yaroslavl.

By means of videoconference (21 sessions) on the base of 9 regional TISCs a total of 274 persons took part in the meetings, from Barnaul, Belgorod, Voronezh, Novosibirsk, Rostov-on-Don, Saint-Petersburg, Saratov, Khanty-Mansiysk. The TISC on the basis of the Peter the Great Saint-Petersburg Polytechnic University took part in the sessions for the first time.

In 2015, Rospatent took part in organizing and conducting 48 conferences, seminars and round tables in 26 regions of the Russian Federation:

  • February 11 — intellectual property session within the framework of Russian Startup Tour (Tomsk) organized by the «Skolkovo» Foundation;
  • March 25 — regional scientific and practical conference for specialists of the Central Federal District of the Russian Federation «Current issues of legal protection and use of results of intellectual activity and means of individualization» (Tambov, Federal State Budgetary Educational Institution of Higher Vocational Education «Tambov state technical university»);
  • March 25–26 — National seminar «Fostering 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 WIPO in cooperation with Rospatent and FIPS (Bryansk, State Budgetary Institution of Culture «Bryansk state universal scientific library n.a. F. I. Tyutchev»);
  • April 3 — scientific and practical conference of Rospatent «Matters of protection of intellectual property objects in accordance with the amendments to Part IV of the Civil Code of the Russian Federation» within the framework of the XVIII Moscow International Salon of Inventions and Innovation Technologies «Archimedes-2015» (Moscow, «Sokolniki» Congress and Exhibition Center);
  • April 16 — round table «IP management: legal and economic aspects» (Moscow, Moscow Chamber of Commerce and Industry);
  • April 16 — seminar «Part IV of the Civil Code of the Russian Federation: news in the area of IP» (Tver, State Budgetary Institution of Culture «Tver «Badge of Honor» Order regional universal scientific library n.a. A. M. Gorky»);
  • April 20 — round table «Patent law» within the framework of the events organized in Saint-Petersburg during the «Intellectual Property Days 2015» municipal festival (Saint-Petersburg);
  • April 20–21 — seminar for TISCs of the Russian Federation «Basic resources for conducting patent search on the Internet» organized by WIPO, Rospatent and FIPS within the framework of the «Intellectual Property Days 2015» (Moscow);
  • April 21 — round table «Patent Cooperation Treaty» within the framework of the events held in Saint-Petersburg during the municipal festival «Intellectual Property Days 2015» (Saint-Petersburg);
  • April 22 — round table «Trademarks, appellations of origin, geographical indications» within the framework of the events held in Saint-Petersburg during the municipal festival «Intellectual Property Days 2015» (Saint-Petersburg);
  • April 22 — scientific and practical conference «Intellectual property — intellectual potential of Russia» organized by Rospatent within the framework of the VIII International Forum «Intellectual Property — XXI Century» conducted by the Chamber of Commerce and Industry of the Russian Federation (Moscow, Rospatent);
  • April 23 — seminar for TISCs of the Russian Federation «Employee’s Inventions» organized by WIPO, Rospatent and FIPS within the framework of the «Days of Intellectual Property 2015» (Moscow);
  • April 23 — round table «Current issues of copyright law» within the framework of the events held in Saint-Petersburg during the municipal festival «Intellectual Property Days 2015» (Saint-Petersburg);
  • April 24 — round table «Electronic interaction of applicants with FIPS» within the framework of the events held in Saint-Petersburg during the municipal festival «Intellectual Property Days 2015» (Saint-Petersburg);
  • April 28 — round table «Objects of commercial secret. Alternative methods of protection of intellectual property objects: know-how (trade secret) — industrial and commercial secrets» (Moscow, limited liability company «ASERGROUP»);
  • April 28–29 — the XIII Volga scientific and practical conference «Current issues of intellectual property protection» (Nizhny Novgorod, State Budgetary Educational Institution of Further Vocational Education «Nizhny Novgorod Science and Technology Center»);
  • April 29 — seminar «Legal protection of computer programs, databases and educational resources of higher education institutions» (Kyzyl, Federal State Budgetary Educational Institution of Higher Vocational Education «Tuvan State University»);
  • May 20 — regional scientific and practical conference for specialists of Volga Federal District of the Russian Federation «Current issues of legal protection and use of results of intellectual activity» (Saratov, Federal State Budgetary Educational Institution of Higher Vocational Education «Saratov state university n.a. N. G. Chernyshevsky»);
  • May 26–27 — National seminar on international patent system (PСТ Seminar) organized by WIPO in cooperation with Rospatent and FIPS (Novosibirsk, Federal State Budgetary Scientific Institution «State public scientific and technical library of the Siberian branch of the Russian Academy of Science»);
  • June 2–3 — annual all-Russian startup-conference for entrepreneurs and innovators (Moscow, Skolkovo Innovation Center Startup Village);
  • June 16 — National seminar on international patent system (PСТ Seminar) organized by WIPO in cooperation with Rospatent and FIPS (Tyumen, regional Tyumen non-governmental organization «All-Russian Society of inventors and innovators»);
  • June 18 — National seminar on international patent system (PСТ Seminar) organized by WIPO in cooperation with Rospatent and FIPS (Khanty-Mansiysk, Autonomous Institution «Technopark of High Technologies»);
  • June 24–26 — scientific and practical conference «Saint-Petersburg Collegiate Reading — 2015» on the topic «Intellectual Property: theory and practice» (Saint-Petersburg, Regional Public Organization «Saint-Petersburg board of patent attorneys»);
  • June 30 — regional scientific and practical conference for specialists of the Crimea Federal District of the Russian Federation «Current issues of legal protection and use of results of intellectual activity and means of individualization» (Simferopol, Federal State Autonomous Educational Institution of Higher Education «Federal University of Crimea n.a. V. I. Vernadsky»);
  • September 2–3 — conference «Legislation initiatives and legal regulation of Russian publishing and book distribution» organized by the information and analytical magazine «University BOOK» within the framework of the ХХVIII Moscow International book exhibition and fair (Moscow, All-Russian Exhibition Center);
  • September 8 — seminar «Patent risk management: insights and solutions» organized by the Higher School of Economics in cooperation with companies «LexisNexis» and «Yandex» (Moscow, Higher School of Economics);
  • September 9–10 — the IV Congress of Technology and Innovation Support Centers of the Russian Federation organized by WIPO, Rospatent, FIPS, the Budgetary Institution «National Library of Chuvash Republic» of the Ministry of Culture of Chuvashia and the Chuvash Republican Non-Governmental Organization «All-Russian Society of Inventors and Innovators» (Cheboksary);
  • September 14–18 — annual scientific and practical conference of the Russian Association of Electronic Libraries (non-commercial partnership «ELBI») organized within the framework of the XIV international scientific and practical conference «Electronic age of culture» (Nizhniy Novgorod);
  • September 17 — meeting of the administration and specialists of Rospatent and FIPS with patent attorneys of the Russian Federation (Moscow, Rospatent);
  • September 23–24 — the XIX scientific and practical conference of Rospatent dedicated to the 60th anniversary of Rospatent «Intellectual Property: history and modern tendencies» (Moscow, Rospatent);
  • September 23–25 — educational seminar and workshop on analysis and research of state procedures and business processes related to foreign trade activities, organized by the Eurasian Economic Commission in cooperation with the European Economic Commission of the United Nations and the United Nations Economic and Social Commission for Asia and the Pacific (Moscow, Eurasian Economic Commission);
  • September 30 — regional scientific and practical conference for specialists of the Siberia Federal District of the Russian Federation «Current issues of legal protection and use of results of intellectual activity and means of individualization» (Omsk, Federal State Budgetary Educational Institution of Higher Vocational Education «Omsk state technical university»);
  • October 6–7 — republican seminar «Intellectual Property — an instrument for regional economic development» (Syktyvkar, Republic of Komi State Budgetary Institution «National Library of the Republic of Komi»);
  • October 7–9 — Skolkovo Patent school (Moscow Region, Skolkovo Innovation Center);
  • October 15 — anniversary international scientific and practical conference — the X Annual scientific reading in memory of S. N. Bratus «Law and economic activities: modern challenges» (Moscow, Federal State National Research University «Institute of legislation and comparative law under the Government of the Russian federation»);
  • October 16 — webinar on using tools for patent landscape analysis «Patent Strategies» organized by Lexis Nexis (Moscow);
  • October 20–21 — National seminar «Fostering 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 the WIPO Office in the Russian Federation in cooperation with Rospatent and FIPS (Ekaterinburg, Federal State Budgetary Educational Institution of Higher Vocational Education «Ural Federal University n.a. the first President of Rusiia B. N. Yeltsin»);
  • October 27 — scientific and practical conference «Issues of legal protection and effective use of objects of intellectual property» (Kaluga, Voronezh Scientific and Technical Information Center — branch office of the Federal State Budgetary Institution «Russian Energy Agency» of the Ministry of Energy of the Russian Federation);
  • October 27–28 — seminar for TISCs of the Russian Federation organized by WIPO Office in the Russian Federation, Rospatent, FIPS with cooperation of the Federal State Budgetary Educational Institution of Higher Vocational Education «Petrozavodsk State University» (Petrozavodsk, Federal State Budgetary Educational Institution of Higher Vocational Education «Petrozavodsk State University»);
  • October 30–31 — the XI international scientific and practical conference «Intellectual Property: from stable protection to effective management» (Ekaterinburg);
  • November 11–13 — the V Eurasian Economic Forum «Orenburjie — 2015» (Orenburg);
  • November 12 — international seminar «International technology transfer: Russian and German experience. Choice of patenting strategy. Protection of Industrial Property rights» (Moscow, MSU n.a. M. V. Lomonosov);
  • November 17–19–19th International conference and exhibition «Information technologies, computer systems and publishing products for libraries» («LIBKOM — 2015») (Suzdal, hotel and tourist center «Turcentr»);
  • November 17–18 — national seminar on intellectual property for small and medium enterprises organized by the WIPO Office in the Russian Federation in cooperation with Rospatent and FIPS (Chelyabinsk, South Ural Chamber of Commerce and Industry);
  • December 10 — scientific session «Intellectual Property and Innovations» (Saint-Petersburg, House of Scientists of the Russian Academy of Science n.a. A. M. Gorky);
  • December 9–10 — educational seminar «Strategy and tactics of intellectual property protection for industrial enterprises» (Barnaul, Regional State Budgetary Institution «Altai Center of Cluster Development»);
  • December 10–11 — the III International Conference «Foreign trade activity as a factor of effective development of small and medium enterprises in regions of the Russian Federation» (Vologda, Administration of the Vologda Region);
  • December 15–16 — National seminar on intellectual property for small and medium enterprises organized by the WIPO Office in the Russian Federation in cooperation with Rospatent and FIPS (Kazan, Chamber of Commerce and Industry of the Republic of Tatarstan).

1.11. Statistics on consideration of requests from citizens and legal entities by Rospatent and its subordinate organizations

Consideration of requests from citizens was carried out by Rospatent in accordance with the Federal law of May 2, 2006 No. 59-FZ «On the procedure of consideration of requests of citizens of the Russian Federation», with consideration of complaints against procedures of rendering the state services taking into account the provisions of Article 11.2 of the Federal Law of July 27, 2010 No. 210-FZ «On organization of provision of state and municipal services» (hereinafter — Federal Law No. 210-FZ).

In 2015, Rospatent and its subordinate organization FIPS considered 1874 requests, 1552 of which were received from citizens and 322 from legal entities, including 1206 requests received by e-mail and via the official website of Rospatent. As usual, the requests from citizens prevail and amount to 82,8 % of the total number of requests. In addition to that, 89 citizens attended a personal reception at Rospatent.

As compared to 2014, the total number of requests increased mainly due to electronic messages sent via the official web-site of Rospatent.

The central administrative body of Rospatent received 1350 requests (including 971 requests addressed directly to Rospatent, while the rest were forwarded for consideration from the government authorities as well as from the Civic Chamber of the Russian Federation) and 524 requests were addressed directly to FIPS.

Table 1.11.1 presents data on the breakdown of the received requests by addressees and by geography of submitted requests.

Table 1.11.1

Breakdown of requests received by Rospatent and its subordinate organizations by addressees and by geography of submitted requests

Requests addressed to

Number of requests

Rospatent

971

Other government authorities

378

Civic Chamber of the Russian Federation

1

Subordinate organizations of Rospatent

524

Requests received from

Number of requests

Russian Federation

1819

CIS countries

50

Other foreign countries

5


The largest number of requests comes from Central, Volga, North West, Siberia and South districts. Requests from these districts amount to 61,5 % of the total number of requests received from the Russian Federation. In 2015, the number of electronic requests increased received via the Internet with no specific address provided. These amounted to 29 % of the total number of requests received from the Russian Federation.

Table 1.11.2 shows the breakdown of requests from citizens of the Russian Federation by federal districts.

Table 1.11.2

Breakdown of requests received by Rospatent and its subordinate organizations from
the Russian Federation, by federal districts

Federal district

The number of requests received from the federal district

Central

530

Volga

217

North-West

157

Siberia

120

South

94

Ural

72

Crimea

45

Far East

33

North Caucasus

30

Via the Internet with no specific address

521


Table 1.11.3 presents data on the breakdown of requests received by Rospatent and its subordinate organizations in 2011–2015 by subject matter.

Table 1.11.3

Breakdown of requests received by Rospatent and its subordinate organizations in 2011–2015,
by aggregated groups

Groups of requests by subject matter

Number of requests

2011

2012

2013

2014

2015

Examination of applications (pendency time, procedure, examination results, workflow)

564

539

607

492

580

Assistance to inventors

295

292

397

311

342

Titles of protection (registration, extension and restoration of validity, amendments etc.)

116

98

169

244

271

Legal issues

151

163

147

229

189

Payment of patent fees

78

97

158

207

211

Provision of patent information services

57

43

80

81

110

Contracts (registration, disputes between parties)

38

36

57

95

113

Publication (date of issuance, errors)

15

17

35

41

22

Registration of discoveries

13

24

22

12

7

Training, advanced training, interaction with patent attorneys, international cooperation matters

6

7

1

3

-

Issues related to personnel and the work of patent attorneys

5

11

29

8

11

Other issues (mostly those which do not fall under the competence of Rospatent and its subordinate organizations)

32

32

52

21

18

Total:

1370

1359

1754

1744

1874


The majority of requests (69.7 %) addressed the activities of Rospatent related to procedures of rendering of the state services.

As compared to the previous year, there was an increase in the number of requests related to examination of applications, registration, extension and reinstatement of validity of titles of protection, provision of patent information services, and registration of contracts. In connection with admission to the Russian Federation of the Republic of Crimea and formation of new regions in the Russian Federation — the Republic of Crimea and the city of the federal importance Sevastopol — requests on legal matters included requests related to settlement of relations in the field of intellectual property in these regions of the Russian Federation.

A considerable part of the requests received in the reported period (30.3 %) was not directly related to rendering of the state services. Such requests raised matters related to providing assistance in drafting and filing applications, to implementation and use of patent law objects and payment of remunerations; providing financial and other assistance to inventors in patenting and implementing innovations; consideration of discoveries; infringement and reinstatement of rights, etc.

Of the total number of considered requests 87.9 % are applications, 9.9 % are complaints and 2.2 % are proposals.

For each request considered a response with detailed explanations on all raised issues was sent within the established time period to the person who sent the request.

Received complaints were considered in compliance with provisions of Article 11.2 of the Federal Law No. 210-FZ.

Relevant measures were implemented with regard to considered complaints that were recognized as reasoned in order to rectify the discovered violations and eliminate the causes that resulted in filing the complaints.

In the reported period, the share of reasoned complaints related to violation of procedures of rendering the state services per one thousand applications for all intellectual property objects (over 140 thousand applications filed) amounted to 0.34.

With regard to patent applications (over 63 thousand applications filed) the share of reasoned complaints per one thousand applications amounted to 0.28. With regard to applications for the state registration of means of individualization (over 61 thousand applications filed) this index amounted to 0.46. With regard to applications for the state registration of computer programs, databases, topographies of integrated circuits (over 15 thousand applications filed) this index amounted to 0.07.

1.11.1. Statistics on requests from citizens asking for consultations

Free consultations on general matters which do not require a comprehensive analysis of the legislation and regulations in the field of legal protection of intellectual property, as well as consultations on reference information are provided by the Consulting and Assistance Service (CAS) of Rospatent and FIPS.

Consultations are provided orally in case of direct address to the CAS, including consultations by phone, as well as by e-mail and via the official website of Rospatent.

In the reported period, the CAS received a total of 50819 requests, in respect of which consultations and references were provided on 79034 issues:

  • 32209 requests on 41659 issues were received by the information section of the CAS by phone;
  • 2728 requests on 4148 issues were received by Rospatent and FIPS by email and via the official website of Rospatent;
  • 15882 requests on 33227 issues were received by the oral consultation section of the CAS.

In 2015, as compared to 2014 the total number of oral requests decreased to the CAS, while the number of requests received by e-mail of Rospatent and FIPS, as well as via the official website of Rospatent increased. The overall decrease in the number of requests addressed to the CAS can be explained by the increased amount and accessibility of information that is currently published on the official websites of Rospatent and FIPS.

At the same time, despite the fact that the answers are available on the websites, the largest number of requests is related to drafting, filing and consideration of applications for intellectual property objects (over half of them concern trademarks), as well as to validity of titles of protection.

Following entry into force of the administrative regulations, rules and requirements related to trademarks, the answers to frequently asked questions available on the websites were revised and presented in the updated version.

In 2015, Rospatent continued to receive requests concerning recognition within the territory of the Russian Federation of exclusive rights certified by the respective titles of protection of Ukraine. The relevant explanations were provided in response to 139 requests.

1.12. Recognition of validity of exclusive rights to the results of intellectual activity and means of individualization certified by the official titles of Ukraine

Based on the Federal Constitutional Law of March 21, 2014 No. 6 — FKZ «On admission to the Russian Federation of the Republic of Crimea and formation of two new constituent entities — the Republic of Crimea and the city of the federal importance Sevastopol», as well as on the Civil Code of the Russian Federation, in 2015, the work was continued to recognize validity of exclusive rights to inventions, utility models, industrial designs, trademarks, service marks, appellations of origin certified by the official titles of Ukraine, which were valid as on the date of admission to the Russian Federation of the Republic of Crimea and formation of the new constituent entities within the Russian Federation. The recognition is to take place under the condition of the state registration of the respective result of intellectual activity or mean of individualization upon request filed to Rospatent by the rightholder (Article 13 of the Federal Law of December 18, 2006 No. 231-FZ «On entry into force of Part IV of the Civil Code of the Russian Federation»). The deadline for filing such requests was extended until July 1, 2016.

The requests are considered in accordance with the Rules for drawing, filing and consideration of requests and documents serving as ground for recognizing the validity of exclusive rights in the territory of the Russian Federation, approved by the Orders of Rospatent of October 13, 2014 No. 159 and of August 11, 2015 No. 114.

In 2014–2015, a total of 1608 requests to recognize validity of exclusive rights were received, with 102 requests received in 2015 (42 requests with regard to the results of intellectual activity and 60 requests with regard to means of individualization). For 384 requests with regard to the results of intellectual activity (125 requests for inventions, 215 requests for utility models and 44 requests for industrial designs) a total of 75 inventions (including 32 inventions in 2014), 104 utility models (including 71 utility models in 2014) and 33 industrial designs (including 6 industrial designs in 2014) were registered. For 1224 requests with regard to means of individualization (1221 requests for trademarks, 3 requests for appellations of origin) a total of 915 trademarks (including 354 trademarks in 2014) and 3 appellations of origin were registered. The remaining requests are still pending.



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