The Federal Service for Intellectual Property (Rospatent) informs patent attorneys of the Russian Federation of the possibility of more attentive approach in the framework of the applicable law to cases of non-observance by the Applicants situated in Emilia Romagna district affected by the emergency situation (hereinafter – the Applicants) of the deadlines for submission of documents that are necessary for consideration by Rospatent of applications for the results of intellectual activities and means of individualization upon request of the examination.
For trademarks applicants and rightholders:
In the framework of the current administrative procedure deadlines of submission of additional materials upon request of the examination or filing an objection on a decision of Rospatent taken according to the results of application examination for the official registration of the sign claimed as a trademark can be reinstated by Rospatent in accordance with the established procedure upon a request of the Applicants. In case of failure to submit the response to the request of the examination due to its non-receipt, Rospatent will direct a request copy for the second time so that to calculate the deadline for submission of the response from the time of receipt of the request copy. Further proceedings on trademarks will be carried out in accordance with the established procedure.
In case if the Applicants fail to pay the fee for the official registration of a trademark and grant of a certificate in the established period, Rospatent will forward for the second time a copy of the decision on the official registration at the Applicants’ request, thus the deadline for payment of the fee will be counted from the date of receipt of a decision copy.
In case the notification concerning the results of the examination of the sign claimed as a trademark for its compliance with the legal requirements is sent to an applicant, the opinion of the Applicants with respect to the grounds adduced in the notification shall be taken into consideration in the course of examination of the claimed sign, provided it had been received before the adoption of a decision by Rospatent. However, taking into consideration exceptional circumstances of the emergency situation, the terms of the examination shall be extended at the request of the Applicants for the period specified thereof but to a maximum of 6 months from the date of receipt of the request.
For patent applicants and rightholders:
With respect to applications for objects of patent rights any notification, request or decision sent in the course of administrative processing of an application, the respective document in case of failure of its receipt shall be sent for the second time at the request of an applicant. In such case, deadlines for submission of the response or performance of the further actions by the Applicants shall be estimated from the receipt of the copy of the respective document.
Please notify Rospatent about any problems accrued in the course of interaction with the Applicants, which prevent submission of the required documents in the deadlines stated in the civil legislation for the purposes of further analysis of the current situation and elaboration of means of its settlement in compliance with the civil legislation.