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Annual report of Rospatent 2015 (Section 6)

 
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6.1. Scientific activity

6.1.1. Science and Technology Council of Rospatent and FIPS

The Science and Technology Council (SТС) of Rospatent and FIPS is the consultative body under the Director General of Rospatent, which on the basis of Rospatent senior officials’ directives carries out panel discussion and works out proposals for issues on management of scientific, scientific-technical, scientific-legal and informational activity of Rospatent and FIPS.

Due to the structural and personnel changes in 2015 the list of STC members was updated as well as the list of STC sections’ members. The structure of the STC of Rospatent and FIPS accounts for 105 members, including 8 doctors of sciences and 37 candidates of sciences.

The STC consists not only of employees of Rospatent and FIPS, but also the representatives of the subordinate to Rospatent authorities: the Federal Agency for Legal Protection of the Results of Intellectual Activity of Military, Special and Dual Use (FAPRID) and the Federal State Budgetary Educational Institution of higher professional education «Russian State Academy of Intellectual Property» (RGAIS), representatives of the Council of the Federation Committee on Science, Education, Culture of the Federal Assembly of the Russian Federation, the Administrative Department of the President of the Russian Federation on Science and Education Policy, the Russian Academy of Sciences, the Ministry of Defense of the Russian Federation, the Federal Service for Military-Technical Cooperation, the Court for Intellectual Property Rights, the Institute of Legislation and Comparative Law under the Government of the Russian Federation, the Lomonosov Moscow State University (MSU), the National University of Science and Technology (MISIS), the Institute of International Business and Law under the ITMO University, public organizations such as the All-Russian Society of Inventors and Innovators, Moscow Organization of Inventors and Innovators, the Interregional public organization for promotion of patent attorneys activity «Chamber of Patent Attorneys», the Interregional public organization «Union of Patent Attorneys», the Regional public organization «Saint-Petersburg Collegiums of Patent Attorneys», representatives of other organizations and notable patent attorneys.

In 2015, 7 meetings of the STC were held. 15 presentations and reports were considered and as a result the corresponding decisions were adopted.

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

  • results of Rospatent activities in 2014 and tasks for 2015;
  • development trends of legal regulation of trademarks and appellations of origin in the Eurasian Economic Union law;
  • progress of work on the transition to the new system of publication and signing of examination documents by electronic signature;
  • organization of work of the All-Russian Society of Inventors and Innovators in the regions of the Russian Federation in the current economic conditions;
  • role of the Technology and Innovation Support Centers on increasing the inventive activity of the Russian regions;
  • integration of the Republic of Crimea and the Federal City of Sevastopol to the system of intellectual property protection of the Russian Federation;
  • progress of work on the development of the draft amendments to the normative legal acts of the Russian Government in connection with adoption of the Federal Law of 12.03.2014 № 35 — FZ «On Introducing Amendments to the Part I, Part II and Part IV of the Civil Code of the Russian Federation and Certain Legislative Acts of the Russian Federation»;
  • experience and new directions of work of the St. Petersburg Technology and Innovation Support Center on strengthening of the intellectual property market development;
  • issues of alternative claims relating to biotechnology, chemistry and pharmaceuticals inventions.

In April and June 2015, ceremonial meetings of the STC devoted to the International Intellectual Property Day as well as Inventor and Innovator Day were held. During the meetings holders of patent for the inventions, which have been selected in the list «100 Best Russian Inventions» in 2014, were awarded by Certificates of Honor of Rospatent. The most active in 2014 inventors and persons who contributed to raising the level of inventiveness and inventive activity in our country were awarded by diplomas of Rospatent for contribution to the theory and practice of the legal protection of intellectual property as well as diplomas and awards of the Moscow International Salon of Inventions and Innovations Technologies «Archimedes».

More detailed information on STC meetings and taken decisions are available on Rospatent and FIPS web-sites in section «Scientific Activity».

In 2015, the following sections of the STC were held: «Issues of Legal Protection and Examination of Intellectual Property Objects»; «Information Technology and Computerization»; «Economic and Organizational Issues». Special attention was given to consideration and discussion of final reports on results of performance of the R&D as well as reports on performance of R&D stages.

6.1.2. Scientific researches carried out by FIPS

In 2015, FIPS’s scientific activity was carried out in accordance with the R&D Plan of FIPS approved by Director General of Rospatent in three areas:

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

Scientific researches were carried out on 14 topics, on 9 of which final reports were prepared.

In the field of the legal protection and examination of intellectual property objects proposals on introducing statements to the draft normative legal acts necessary for rendering state services for the state registration of inventions and utility models by Rospatent were prepared. These statements are related to the disclosure of «device» concept.

In the field of information technology and computerization were prepared:

  • recommendations for the Russian applicants to obtain international protection for industrial designs under the Hague Agreement, recommendations on using the resources provided for the Russian users by the International Bureau of WIPO;
  • recommendations on the development of official information sources of Rospatent in addition to the services and information resources of the International Bureau of WIPO;
  • User Guidelines on databases containing Chinese patent documents which are free on the Internet;
  • proposals and recommendations on the development of the content structure of the FIPS Internet portal and its filling with certain kinds of documents, as well as recommendations on possible design and navigation solutions;
  • Guidelines on Common Patent Classification (CPC), which describes both these tools and the general rules of classification on CPC;
  • proposals on development of the patent search system for examination of inventions and utility models PatSearch.

In the field of economical and organizational issues:

  • information materials, containing the analysis of patenting and using inventions and utility models in the Russian Federation by organizations which coordinate the technologic platforms;
  • information materials, containing the analysis of patenting and using results of intellectual activity in the field of critical technologies of the Russian Federation;
  • draft orders on issues of monitoring the R&D use and evaluation of the effectiveness of R&D performed by FIPS.
  • proposals on the organization and monitoring of the R&D use, performed by FIPS, as well as evaluation of its effectiveness.

More detailed information on R&D, performed in FIPS, is provided on FIPS web-site in section «Scientific Activity».

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

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

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

In 2015, scientific activity in the Russian State Academy of Intellectual Property (hereinafter referred to as the Academy) was carried out in forms of scientific researches of teaching staff; scientific researches of post-graduate students and students; joint scientific researches of teaching staff and students; scientific events (conferences, forums, seminars), etc.

In 2015, the Academy continued to implement a dialogue with the scientific and business community concerning the legal protection and management of intellectual property through organizing and participating in international, federal and regional conferences, seminars and exhibitions on intellectual property issues. Active work on the organization and holding scientific and practical activities, as well as on participation in scientific and practical activities of other organizations was carried out.

The staff, students and post-graduate students of the Academy took part in 17 international and all-Russian scientific and practical activities (Novosibirsk, Saint-Petersburg, Ulaanbaatar, Moscow, Yaroslavl, Nalchik, Seoul (Korea), Minsk (Belarus) and others.)

In-house seminars and conferences were held at the Academy regularly.

In 2015, the Academy continued its active cooperation with the World Intellectual Property Organization on improvement of protection of copyright and related rights, discussed in the frame of the Standing Committee on Copyright and Related Rights, as well as on the issues of learning and organizational support of persons, who studied the distance learning programs of the WIPO Academy in Russian.

Cooperation on organizing the WIPO Summer School 2015 was carried out jointly with the WIPO Academy.

In 2015, the Academy performed the scientific researches (R&D) provided for in the contracts concluded with outside organizations.

5 scientific researches were carried out during the reporting period:

  • rendering services on issues related to the development of intellectual property institute of OJCS «RVC», contract of July 14, 2015 № 168 / 15;
  • rendering services on carrying out audit on the effective implementation to the OJSC «AK» Transneft» of Recommendations on IP management with the development of intellectual property management model for the OJSC «AK «Transneft» and OST (OJSC «AK» Transneft»), contract of July 20, 2015 № 399 / 06–02 / 15;
  • carrying out the scientific research «Experience analysis of the voluntary (facultative) registration of copyright and related rights objects abroad and the possibility of conducting such registers in the Russian Federation» (the Ministry of Culture of the Russian Federation), state contract of August 7, 2015 № 3899-01-42106-25;
  • carrying out work on Methodology on development of license fees cost when transferring non-exclusive right to use of intellectual property (PJSC «Federal Network Company of Unified Energy System»), contract of August 1, 2015 № 610–05;
  • carrying out work on development of educational materials on intellectual property issues for the cultural authorities of the Russian Federation (the Ministry of Culture of the Russian Federation), state contract of October 8, 2015 № 5287-01-41 / 07–15;

The implementation of R&D results to the educational process has been expanding.

The staff, students and post-graduate students took part in the research activity of the Academy. The students participated not only in the carrying out of the scientific research on the basis of contracts concluded between the Academy and outside organizations, but they also conducted independent researches, took part in the Open contest of R&D, which was traditionally held at the Academy during the Intellectual Property Days.

During 2015 the Academy received 50 inquiries on preparation of scientifically based conclusions of specialists and written consultations, expert conclusions. The subject of prepared conclusions and scientific consultations was related to the issues of copyright, patent law, the means of individualization and damage evaluation related to infringement of rights to the protected results of intellectual activity. Carrying out of applied researches gives very good practical materials for teachers, which they use for lectures and seminars.

In 2015, the Academy carried out 22 examinations, namely: for the Court for Intellectual Property Rights, the Arbitration Court of the Republic of Tatarstan, the Arbitration Court of Moscow, the Nizhny Novgorod Region Arbitration Court, the Moscow region Office of the Federal Antimonopoly Service, different law firms and patent bureaus.

In December 2015, the magazine «Copyright. Bulletin of the Russian Academy of Intellectual Property and the Russian Authors’ Society. Quarterly scientific magazine» was included in the list of peer-reviewed scientific magazines and publications of the Supreme Attestation Commission, where basic scientific results of dissertations for the degree of doctor and candidate of sciences of the Ministry of Education and Science of the Russian Federation should be published. During the reporting period 42 author publications have been published in «Copyright».

During 2015 the meetings of the Academy’s scientific schools were held: the Copyright School, Industrial Property School and Intellectual Property Management School.

During the reporting period the scientific and educational project «IP Descent» continued its work. In the frame of it different activities were held in the following cities of Russia: Belgorod, Tver, Bryansk, Saransk.

From 14 to 28 July, 2015, the training of 3 students from the Academy’s Law Faculty was held in Italy within the framework of international cooperation in education field.

6.2. Training and advanced training of employees

6.2.1. Training of civil servants of Rospatent

In 2015, the continuing professional education of federal civil servants of Rospatent was organized in accordance with the Decree of the President of the Russian Federation of December 28, 2006 No. 1474 «On continuing professional education of state civil servants of the Russian Federation» and the Decree of the Government of the Russian Federation of March 6, 2015 No. 370-p «On state contract for continuing professional education of federal civil servants for 2015».

The topics of continuing professional programs were selected in accordance with the List of focal areas of continuing professional education of federal civil servants for 2015 (approved by the letter of the Administration of the President of the Russian Federation of April 28, 2014 No. А71-6997).

The results of continuing professional education received by civil servants of Rospatent in 2015 are reflected in the tables 6.2.1.1 and 6.2.1.2.

Table 6.2.1.1

Training of servants under the advanced training programs

Continuing professional education programs

Number of trainees

The development of the state service system of the Russian Federation, including issues related to the implementation of modern human, information and management technologies to the state service

5

The state policy on prevention of corruption

2

The state foreign policy, including issues related to the accession of the Russian Federation to the World Trade Organization

4

The state policy in the field of social and economic development of the Russian Federation

7

Total:

18


Table 6.2.1.2

Training of servants under the advanced training programs
with the use of distance learning technologies

Program

Number of civil servants

Strategic planning and project management in public authorities

3


6.2.2. Training of specialists in RGAIS

6.2.2.1. Training of specialists with higher education

In 2015, the higher education programs (Bachelor’s program, Specialist’s program, Master’s program) were completed by 205 persons, of which:

  • full-time education — 165 persons (70 bachelors, 80 specialists, 15 masters);
  • education by correspondence — 40 persons (34 specialists, 6 masters).

The Academy received a license on educational Master’s program 27.04.08 «Intellectual Property Management».

In 2015, for the purpose of methodological support of educational activity more than 300 «Working programs of disciplines» and «Founds of evaluating tools» were developed and approved.

In accordance with the «Law on Education in the Russian Federation» of December 29, 2012 № 273-FZ, the third level of higher education is the postgraduate training program, which provides training for staff with qualification «Teacher-Researcher.»

In 2015, 33 persons completed postgraduate training program in the Academy (the duration of postgraduate training program: full-time education — 3 years, education by correspondence — 4 years).

In 2015, 12 persons defended thesis for the degree of Candidate of Laws in the Dissertation Council of the Academy. This is 36 % of the total amount of post-graduate students who have completed training (according to the statistics indicator, the level of defended thesis is 15–30 % in Russia). Now 7 post-graduate students of the Academy are waiting for their thesis defense.

In 2015, 1 person defended thesis for the degree of Doctor of Laws as well.

6.2.2.2. Advanced training and professional retraining of specialists

In 2015, the proposals for the further implementation of tasks to improve the level of training of the defense — industrial complex specialists and government customers on the intellectual property management issues, including legal protection and enforcement of IP rights, in particular concerning the military-technical cooperation and foreign economic activity, were developed in addition to existing educational programs.

The continuing professional education programs aimed to improve the level of specialists’ training, taking into account the specifics of activities of defense-industrial complex organizations and government customers, are reflected in the tables 6.2.2.2.1–6.2.2.2.3.

Table 6.2.2.2.1

Professional retraining programs

Program

Total number of hours based on independent work / number of classroom hours

Final document

Patent specialist

1020/340

Professional retraining diploma with awarding qualification

Intellectual property. Patenting

516/196

Professional retraining diploma

Commercial use of intellectual property in the economic activity of defense — industrial complex enterprises

516/216

Professional retraining diploma


Table 6.2.2.2.2

Advanced training programs

Program

Total number of hours based on independent work / number of classroom hours

Final document

Legal protection of intellectual property and the protection of state interests in the course of implementation of military-technical cooperation

72/36

Authorization document

Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use (for specialists)

72/24

Authorization document

Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use (for managers)

8

Certificate

Registration of rights to the results of intellectual activity by the enterprises of the military — industrial complex

36

Certificate

Suppression of offenses in intellectual property sphere in the course of military-technical cooperation
(Russian and foreign practice)

16

Certificate

Cost evaluation of intellectual property

24

Certificate

Foreign patenting

24

Certificate

State order in terms of the pre-starting procedure of companies to work within the framework of the sixth technological mode

72/36

Authorization document


Table 6.2.2.2.3

Programs of short-term seminars

Seminar

Total number of classroom hours

Final document

Actual issues of inventory and accounting of the results of intellectual activity in the process of privatization of military — industrial complex enterprises

8

Certificate

Legal support of intellectual property management process, including the development of internal regulations of enterprises

8

Certificate

The transfer of rights of the Russian Federation in the process of privatization of military — industrial complex enterprises

16

Certificate

Legal protection and enforcement of rights to the results of intellectual activity in the process of military-technical cooperation

16

Certificate

Protection and enforcement of rights to the results of intellectual activity in the process of foreign trade activities on the sales of high-tech products covered by the legislation on export control

16

Certificate

Implementation support of the Intergovernmental Agreement on maintaining of protection of rights to the results of intellectual activity (About mutual protection of rights to the results of intellectual activity in the process of military-technical cooperation, reflection of the relevant provisions in the foreign trade contracts)

8

Certificate

Possibilities of the legal protection of computer software

8

Certificate

Patent landscape

16

Certificate

Intellectual property management standards of an enterprise: tasks, practice of standardization and organizational and methodological support of rightholders licensing policy

16

Certificate

Improvement of the innovation model of contractual relations of high technology products developers and customers on the principles «WIN-WIN»

8

Certificate

The remuneration of authors for the service objects of patent law

8

Certificate


The Academy was actively involved in the development of the professional retraining program «Development of the professional retraining program «Intellectual Property. Technology agent» for the Russian Venture Company.

The advanced training program «The methodology of conducting patent information retrieval» (72 classroom hours) has been developed by the order of JSC «Roszheldorproject».

The improvement of teaching and methodical work consisted in revision of continuing professional education programs in accordance with the requirements of the Methodological recommendations — explanations on the development of continuing professional education programs on the basis of professional standards of the Ministry of Education and Science of the Russian Federation of April 22, 2015 № ВК — 1030 / 06.

In 2015, the Academy developed a series of provisions, which regulated professional retraining and advanced training in accordance with the requirements of the Federal Law of December 29, 2012 № 273-FZ «On Education in the Russian Federation» and the methodological recommendations of the Ministry of Education and Science of the Russian Federation, namely:

  • Regulations on the implementation of continuing professional education programs;
  • Regulation on the development of continuing professional education programs on the basis of professional standards;
  • Regulations on the practice of trainees of the Institute of professional retraining and advanced training under the Academy;
  • Regulation on the registration of the order of occurrence, suspension and termination of the relationship between RGAIS and students;
  • Regulations on the procedures and grounds for expulsion and reinstatement of trainees, who study continuing professional education programs;
  • Rules of enrollment of students for continuing professional education programs;
  • Regulation on the forms, frequency and the order of the current control of progress and interim assessment of trainees, who study continuing professional education programs;
  • Regulations on the final assessment of trainees, who study continuing professional education programs.

The Academy participated actively in the work of the Commission for Economic Affairs under the CIS Economic Council, as well as in the scientific researches together with specialists from the CIS Executive Committee in the frame of the Academy’s function as a basic organization of states — participants of the CIS on training, professional retraining and advanced training of specialists in the field of intellectual property. As a result, the following has been developed and discussed on the Commission:

  • Draft Concept on formation and development of interstate system of training, retraining and advanced training of specialists in the field of intellectual property, which was approved by the Council of Heads of Governments in 2015;
  • Draft Concept of formation and development of intellectual property market of the countries — CIS members, which was discussed on June 17, 2015.

The CIS Economic Council decided to recommend to the Interstate Council on the Legal Protection and the Enforcement of Intellectual Property (MGSIS) to finalize the draft of the concept.

The information «On the implementation of the Agreement on cooperation in the organization of interstate exchange of information and the development of national databases of copyright and related rights of November 20, 2009» has been prepared to the meeting of the Commission for Economic Affairs under the CIS Economic Council jointly with the specialists from the CIS Executive Committee (April 22, 2015).

During the period 2014–2015, on the basis of the Academy 9 trainees completed the training by correspondence and 10 trainees from 8 CIS countries continue training in the frame of cooperation with the Eurasian Patent Organization (see Table 6.2.2.2.4).

Table 6.2.2.2.4

CIS countries

Completed training

Continue training

Continuing professional education programs

Intellectual property. Patenting

Patent specialist

Advanced training

Intellectual property. Patenting

Patent specialist

Azerbaijan

1

1

Armenia

1

1

Belarus

1

1

1

Kazakhstan

1

1

1

3

Kyrgyzstan

1

1

Moldova

Tajikistan

1

1

Turkmenistan

1

1


In 2015, the Academy took part in the competition for public procurements in accordance with the requirements of the Federal Law of April 5, 2013 № 44-FZ.

As a result, the civil contract on rendering services for the advanced training program for examiners, who examine applications for inventions and utility models (FIPS) of July 6, 2015 № 47-01-15-13 / 34, as well as and the contract on rendering services for the advanced training program «Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use» (FAPRID) of November 12, 2015 № OK-01 / 15 were signed.

In 2015, contracts on training with JSC «Helicopters of Russia», JSC «Roszheldorproject», the Eurasian Patent Organization, the Association «Non-Profit Partnership «Kama innovative territorial and industrial cluster» were also concluded.

The number of trainees completed the professional retraining and advanced training programs in 2015 are given in Table 6.2.2.2.5–6.2.2.2.7.

Table 6.2.2.2.5

Specialists completed the professional retraining programs

Program

Number of trainees

Intellectual property. Patenting

54

Patent specialist

21

Legal protection and enforcement of intellectual property

5

Total:

80

Continue training

88


Table 6.2.2.2.6

Specialists completed the advanced training programs

Program

Number of trainees

Training of candidates to patent attorneys. Inventions and Utility Models

37

Training of candidates to patent attorneys. Computer programs, databases, topographies
of integrated circuits

11

Training of candidates to patent attorneys. Trademarks and Appellations of Origin

27

Training of candidates to patent attorneys. Industrial designs

5

Intellectual property: Legal protection and commercialization of rights
(OJSC «Helicopters of Russia»)

14

Commercialization of intellectual property objects

6

Webinars «Myths and realities of intellectual property»

8

Advanced training for the Academy teaching staff «The use of innovative technologies in educational process»

37

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

20

Intellectual property: Legal protection and management of rights to the results of intellectual activity (OJSC «Helicopters of Russia»)

24

Topical Seminar «Actual issues of intellectual property legal protection»

10

Management of rights to the results of intellectual activity created under the state contracts for carrying out R&D of military, special and dual use (FAPRID)

15

Methodology of conducting patent information retrieval (JSC «Roszheldorproject»)

21

Civil-law regulation of relations connected with the trademarks and appellations of origin

10 (of which 6 from Kazakhstan)

Management and commercialization of intellectual property (Kazan)

25

Total:

270


Table 6.2.2.2.7

Specialists completed the distance learning programs

Program

Number of trainees

Objects of patent law, means of individualization and its examination

16

Legal protection of copyright and related rights

5

Patent law

4

Legal protection and enforcement of cinematographic works

4

Legal protection and enforcement of intellectual property

12

Foreign patenting of industrial property objects

3

Basics of patent research

8

International agreements in the field of industrial property protection

4

Total:

56


The number of trainees completed the professional retraining and advanced training programs in 2015 in Privolzhsky Institute of Advanced Training and Professional Retraining is given in Table 6.2.2.2.8–6.2.2.2.9.

Table 6.2.2.2.8

Specialists completed the professional retraining programs

Program

Number of trainees

Intellectual property. Patenting

8

Jurisprudence

103

Economics and Management

10

Total:

121


Table 6.2.2.2.9

Specialists completed the advanced training programs

Program

Number of trainees

With the grant of authorization documents:

Certified professional accountant

12

Budgeting and administration of budget, taxation policy and audit of financial and economic activity

31

Modern forms and methods of teaching trainees, who study in secondary schools and universities, and legal support of it

22

Legal basis for state and municipal procurement management

19

Bankruptcy: amendments to legislation and arbitration court practice

206

Total authorization documents

290

With the grant of certificates:

Bankruptcy: amendments to legislation and arbitration court practice

455

State and municipal authorities: accounting, complex issues of financial and economic activity. Reporting for 2014: practical recommendations

101

Legal basis for state and municipal procurement management

47

Total certificates

603

Total:

893


6.2.3. Organization of education and advanced training for FIPS specialists

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

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

According to the Consolidated plan of internal training of employees in 2015 approved by the Director of FIPS, the following activities were held:

  • 12 centralized studies for heads of divisions, their deputes and leading specialists of FIPS on practical issues in relevant fields of activity and targeted at various categories of employees;
  • 457 studies in FIPS divisions in accordance with quarterly plans on internal training, dedicated mainly to studies of newly adopted regulating documents, issues on carrying out examination as well as analysis of the results of internal and external quality control of examination in certain divisions.

In the 4th quarter, 2015, during the training the main focus was paid on studying new provisions of normative legal acts regulating trademarks, which entered into force at the end of the year.

The training of examiners on the usage of various search systems including techniques of search in Rospatent search system PatSearch has been continued (See. Section 4 of this Report).

In accordance with the signed Agreement between the Federal Service for Intellectual Property and the European Patent Office (EPO) in respect of the Common Patent Classification (CPC) of September 25, 2013, Rospatent introduces CPC as its internal classification system along with the International Patent Classification (IPC).

In order to implement this Agreement and in the framework of experience exchange the EPO specialists have carried out training on CPC classification and search methods for FIPS examiners, which 318 examiners completed.

6.2.3.2. Advanced training of beginning examiners of FIPS

Advanced training of beginning examiners in the field of examination of inventions and utility models is carrying out on the regular basis with the grant of authorization document. In 2015, under the established procedure and following the results of the open tender, the civil law contract was concluded with the Academy. In accordance with it the training of 13th class of FIPS beginning examiners of 22 persons was organized and held. The training was conducted in accordance with the teaching and thematic plan in the amount of 214 academic hours.

6.2.3.3. Training of FIPS staff in the Academy

Under the program of higher professional education:

  • 2 FIPS employees have obtained a higher education on intellectual property management and jurisprudence;
  • 18 FIPS employees continue their training on jurisprudence (under the master’s program).

2 FIPS employees continue postgraduate education in the Academy.

6.3. Certification and Registration of Patent Attorneys

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

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

In 2015, Rospatent carried out the activity on maintaining the Register of Patent Attorneys of the Russian Federation (hereinafter referred as the Register), filing in the Register the corresponding information and its posting on the official web-site of Rospatent.

As on December 31, 2015 there were registered 1791 patent attorneys in the Register, among which there were 1763 acting patent attorneys and 28 people were excluded from the Register in accordance with provisions of Article 8 of the Federal law.

In order to update the information on patent attorneys and to provide true information to third parties during 2015 work on modifying the Register as well as in information posted on the official website of Rospatent was carried out.

In accordance to Part 5 of Article 7 of the Federal Law a patent attorney is obliged to forward information about all changes in data contained in the Register in 30 days from the date of occurrence of such changes. During 2015, 226 changes in the information relating to the registered patent attorneys were made in the Register.

In 2015, work on specifying the information presented on the official web-site of Rospatent in accordance with the displayed deficiencies was carried out.

Any person may receive an extract from the Register that contains published information on registered patent attorneys in accordance with Part 7 of Article 7 of the Federal Law by filing a corresponding request to Rospatent. In 2015, Rospatent prepared one extract from the Register that contained information in particular on the status of a patent attorney of the Russian Federation, specialization and a number of the issued certificate.

In accordance with Part 6 of Article 7 of the Federal Law a new certificate of a patent attorney is issued under change of information included in the certificate of a patent attorney. On this ground in 2015, 9 new certificates of patent attorneys were issued.

The qualifying and the appeal commission of Rospatent should include representatives of the association of patent attorneys nominated by public associations or self-regulatory organizations of patent attorneys. Taking into account the necessity for rotation of patent attorneys that are members of the qualifying and the appeal commission in 2015 Rospatent carried out coordination work with public associations of patent attorneys regarding candidates to be included in the composition of the mentioned commissions given that patent attorneys should comprise one third of the total number of members of the qualifying and the appeal commission. According to the results of that work two Orders of Rospatent were edited № 200 as of December 30, 2015 «On amendments to the qualifying commission» and № 203 on December 31, 2015 «On Amendments to the composition of the appeal commission».

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

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

In 2015, qualification commission of Rospatent carried out work on organizing consultations for persons who are admitted to the qualification examination. Such consultations were held three times per year before each exam in the following areas:

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

The consultations are held by members of the qualification Commission, experts of Rospatent and FIPS.

For citizens wishing to obtain the status of a patent attorney of the Russian Federation, on the official website of Rospatent under «Patent Attorneys» section (subsection «How to become a patent attorney») is available the information including statements relating to the registration of certification (and the accompanying documents) and prepare to pass qualification exam.

In 2015, the information of subsection «How to become a patent attorney» was updated relating to the qualification examination program, a list of regulatory legal acts and a list of suggested questions to be prepared for computer testing and examples of situational and practical tasks. The information is updated considering the latest changes in the Russian legislation in the field of intellectual property.

6.3.2.1. Activity of the qualifying commission of Rospatent

The activity of the qualifying commission of Rospatent carried out on the basis of the Plan of action for 2015 that was approved by the qualifying commission and included activities on organization and holding the qualification examination, on development of sets of examination tasks on specialization on the basis of Program of the qualification examination for certification of candidates to patent attorneys and the patent attorneys wishing to expand their area of practice to the specializations provided by law.

In 2015, the qualifying commission of Rospatent according to the approved Plan of action organized work on developing sets of examination tasks to hold the qualification examination on the specializations provided by the Federal law, including practical and situational tasks.

Specialists of Rospatent, FIPS and members of the qualifying commission including patent attorneys — members of the qualifying commission took part in that work. Upon termination of each activity provided by the Plan of action the qualifying commission of Rospatent approved coherently and recommended the following documents:

  • set of examination tasks on «Legal Protection of Inventions and Utility Models (I&UM)», «Legal Protection of Industrial Designs» (ID);
  • set of examination tasks on «Computer Programs, Databases, Topographies of Integral Circuits» (CP, DB, TIC) (including disposition of right)»;
  • set of examination tasks on «Disposition of Right on «Trademarks and Service Marks (TM&SM)», «Inventions and Utility Models (I&UM)», «Industrial Designs» (ID) specialization.

In 2015, within the framework of provision of state services for the certification and registration of patent attorneys there were organized and conducted qualification exams for the following specializations: «Inventions and Utility Models (I&UM)», «Industrial Designs» (ID), «Trademarks and Service Marks» (TM&SM), «Appellations of Origin» (AO), «Computer Programs, Databases, Topographies of Integral Circuits» (CP, DB, TIC).

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

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

In 2015, Rospatent received 266 applications for certification as patent attorneys which were considered in due order.

By decisions of the qualifying commission of Rospatent of January 23, 2015, April 17, 2015 and September 18, 2015 225 persons were allowed to attend certification on the basis of the submitted applications.

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

41 persons due to non-compliance of the presented documents to clause 4 of part 2 of Article 2 of the Federal Law according to which as a patent attorney can be certified and registered a citizen of the Russian Federation who has a higher education and at least four years of practice in the field of activity of a patent attorney in accordance with the chosen specialization;

In 2015, Rospatent conducted three qualification exams under the applicable law: March 2 — March 6, May 25 — May 29 and October 26 — October 30, 2015.

183 persons (with 195 specializations) took part in the qualification exam.

By decisions of the qualifying commission of Rospatent of April 10, 2015, June 26, 2015 and November 27, 2015 considering specializations 114 persons were certified as patent attorneys, among them:

  • 79 persons received the status of a patent attorney of the Russian Federation for the first time and were certified for 83 specializations among them 43 for TM&SM; 27 for I&UM; 10 for CP, DB, TIC, 2 for AO; 1 for ID;
  • 35 patent attorneys of the Russian Federation expanded their area of practice for 40 specializations among them 8 for TM&SM; 11 for ID; 7 for I&UM; 14 for CP, DB, TIC;

By decisions of the qualifying commission 69 examinees were not certified as patent attorneys (on 72 specializations) due to negative results of the qualification examination. However 1 person was certified and registered as a patent attorney on 1 of the specializations applied for and was not certified as a patent attorney on the other specialization.

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

Diagram 1

Information on the results of certification of candidates to patent attorneys and patent attorneys wishing to expand their area of practice to the specializations

6_1.tif6_2.tif

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

6_3.tif

6.3.3. Activity of the appeal commission of Rospatent

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

In 2015, the appeal commission of Rospatent held 2 meetings (on April 29 and September 17) at which 11 appeals from candidates to patent attorneys as well as from patent attorneys wishing to expand their area of practice within limits of the specified specializations to the decisions of the qualification commission of Rospatent were considered.

In relation to 8 appeals the appeal commission of Rospatent agreed with the decisions of the qualification commission of Rospatent.

Among 11 appeals received from candidates to patent attorneys and patent attorneys wishing to expand their area of practice 8 appeals were filed in regarding the decisions of the qualification commission to refuse the certification due to unsatisfactory results of the qualification examination. As a result of the examination of these appeals in 7 cases the appeal commission agreed with the decisions of the qualification commission, in 1 case the appeal commission obliged the qualification commission to hold with a candidate to a patent attorney a re-examination regarding the practical task.

In reporting period the appeal commission considered 6 appeals to actions of patent attorneys of the Russian Federation (that is 1 appeal more than in 2013 and 2 appeals more than in 2014).

The appeal commission forwarded notifications to patent attorneys of the appeals to their actions with attachment of copies of appeals and they were offered to submit to the appeal commission the explanation regarding motives stated in the appeals for consideration at the next meeting of the appeal commission.

2 appeals while being considered by the appeal commission were withdrawn by persons who filed them. Considering of 1 appeal was delayed by decision of the appeal commission upon getting further clarifications of a patent attorney on the motives of the appeal and the substantial decisions were taken regarding 3 appeals.

Upon that to patent attorney E. A. Kharchenko (reg. number № 157) and S. A. Zuykova (reg. number № 1259) were issued warnings on neglecting their activities as patent attorneys and to patent attorney E. V. Mokhov (registration number № 1232) was issued warning on inadmissibility of improper fulfillment of contractual relations in the sphere of activity of a patent attorney carried out on behalf of the principal and neglecting to document flow regarding fulfillment of the obligation to information transfer received by a patent attorney while fulfilling the request as the abovementioned actions (lack of actions) may involve the infringement of rights and legitimate interests of the principal.

6.4. Conferences, Seminars, Round Tables

Rospatent gives great attention to promotion of the role and importance of intellectual property and its legal protection. For the said purpose Rospatent annually holds conferences, seminars and round tables, both in Moscow and in the regions of the Russian Federation.

The main events held in Moscow:

On April 3, 2015 Rospatent held Science and Practice Conference of Rospatent «Issues of protection of intellectual property objects due to changes in Part IV of the Civil Code of the Russian Federation» within the framework of the ХVIII Moscow International Salon for inventions and innovation technologies «Archimedes — 2015» in Sokolniki.

In the work of the Conference took part representatives of the World Intellectual Property Organization (WIPO), the Republic of Serbia, educational institutions, scientific, industrial and other organizations of a range of regions of the Russian Federation, patent attorneys.

Number of represented regions of Russia is 19 (Moscow, St. Petersburg, Krasnodar, Tver, Kaliningrad, Belgorod, Volgograd, Vologda, Kaluga, Tolyatti, Dnepropetrovsk, Murmansk, Magnitogorsk, Novocherkassk, the Moscow region, the Republic of Dagestan, the Republic of Marij El, the Republic of Sakha (Yakutia), the Krasnoyarsk Territory).

In total 118 persons participated in the Conference.

During the Conference 16 reports were heard and a Round table on the subject matter of the Conference was carried out. The reports were made by representatives of Rospatent, FIPS and «FAPRID».

On April 22, 2015 Science and Practice Conference of Rospatent «Intellectual property — innovation potential of Russia» organized within the framework of the VIII International Forum of the Chamber of Commerce and Industry of the Russian Federation «Intellectual property — XXI century», dedicated to the World Intellectual Property Day was held by Rospatent and FIPS supported by the WIPO.

In total, 250 persons participated in the Conference — representatives of administrations of 11 regions of the country, 13 federal executive authorities, 11 group of companies and industrial corporations, 29 universities from 12 regions of the Russian Federation, 9 research and development institutes and construction departments, 54 business entities dealing with intellectual property issues, patent attorneys and their associations as well as employees of Rospatent, FIPS, FGBI «FAPRID» and the Academy.

In the work of the Conference also took part representatives of foreign patent offices: Committee on Standards, Consumer and Technical Supervision of the Republic of Abkhazia; the Republican State Enterprise «National Institute of Intellectual Property» of the Republic of Kazakhstan; representatives of «Thomson Reuters Group» (Denmark).

The theme of the reports of the conference was devoted to issues related to innovations in the field of intellectual property, management of rights on the results of intellectual activity, promotion of commercialization of intellectual property activity as well as information support of innovation activity.

During the Conference there was videoconferencing with representatives of 4 regions of the Russian Federation: FGBI «Scientific Center of Reconstructive and Restorative Surgery» Siberian Branch of the Russian Academy of Medical Sciences (SB of RAMS, Irkutsk), FSAEI HE «National Research Tomsk Polytechnic University» (Tomsk), FSBEI HPO «Voronezh Forest Engineering Academy» (Voronezh) and SBEI HVE «the Astrakhan State Medical University» of the Ministry of Health of the Russian Federation (Astrakhan).

On September 23–24, 2015 there was held the XIX Science and Practice Conference dedicated to the sixty years anniversary of Rospatent «Intellectual Property: history and modern trends».

In the work of the Conference took part 383 persons, including representatives from foreign countries — 33 persons (representatives of the WIPO, EPO, EAPO, OHIM, Cuba, Brazil, China, the Republic of Belarus, Azerbaijan, Armenia, Georgia, Ukraine, Embassies of France, Switzerland and the United States of America in Russia), representatives of 16 government bodies of Russia, 12 government corporations and companies in Russia.

Number of represented regions of Russia is 21.

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

In the work of Section «Legal protection of patent rights objects» and in the work of the round table participated 170 people.

In the work of Section «Legal protection of means of individualization» and in the work of the round table participated 100 people.

In the work of Section «Administration of Rights on Results of Intellectual Activity» and in the work of the round table participated 70 people.

Reports of representatives of Rospatent and other specialists in the field of intellectual property and innovation activity were presented at the Conference. The reports and presentations covered the issues of history of the Office, modern trends and challenges in the field of legal protection as well as ways to increase the contribution of the intellectual property system in the creation of the innovative economy of the country.

During the Conference there was videoconferencing with 6 cities of Russia: Belgorod, Saratov, Penza, Novosibirsk, Khanty-Mansiysk, Naberezhnye Chelny.

Detailed information on the Conference including the final document of the Conference as well as speaking notes and presentations, congratulations with the anniversary to Rospatent are available on the website of FIPS in section «Conferences, seminars» in subsection «Science and Practice Conference of Rospatent».

Thus, the research activity carried out in Rospatent aimed at solving the issues in the field of intellectual property set directly before Rospatent and the society as a whole.

RGAIS carried out successfully the tasks of training, retraining and advanced training of specialists in the field of intellectual property in 2015. There was a growing number of students of additional vocational training (34 %). The theme of scientific researches, methodological support of the educational process was being improved.

Monitoring of the activities of the University in 2015 carried out by Rosobrnadzor showed that RGAIS fell under the category of effective universities and unscheduled on-site inspection of the Academy conducted by Rosobrnadzor in November-December 2015 confirmed the quality conformity of the educational services to the existing requirements.

Carrying out work through staff training and promotion of intellectual property further training also carried out by FIPS by means of continuous professional development of its employees. Organization of training and retraining of workers of FIPS is carried out in the framework of the Unified system of education (ESO) on the principle of continuity with the use of internal and external forms of education, starting from the date of employment.



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