THE ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION AND FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON INTELLECTUAL PROPERTY

of December 11, 2020 No. 163

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the invention and patent grant on the invention, its duplicate

According to the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" (The Russian Federation Code, 2010, No. 31, Art. 4179; 2020, No. 31, the Art. 5027), Item 2 of Rules of development and approval of administrative regulations of provision of the state services approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 (The Russian Federation Code, 2011, No. 22, Art. 3169; 2018, No. 25, the Art. 3696), and Item 1 of the Regulations on Federal Service for Intellectual Property approved by the order of the Government of the Russian Federation of March 21, 2012 No. 218 (The Russian Federation Code, 2012, No. 14, Art. 1627; 2020, to No. 48, of the Art. 7756), I order:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the invention and patent grant on the invention, its duplicate.

2. This order becomes effective from the date of recognition voided the order of the Ministry of Economic Development of the Russian Federation "About recognition No. 315 which voided the order of the Ministry of Economic Development of the Russian Federation of May 25, 2016 "About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the invention and patent grant on the invention, its duplicate" (registration No. 42843) is registered in the Ministry of Justice of the Russian Federation on July 14, 2016, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of October 10, 2016 No. 647 (it is registered in the Ministry of Justice of the Russian Federation on November 8, 2016, registration No. 44265) and of June 7, 2017 No. 274 (registration No. 47700) is registered in the Ministry of Justice of the Russian Federation on August 7, 2017.

3. To impose control of execution of this order on the deputy manager of Federal Service for Intellectual Property L. L. Kiry.

Approved by the Order of the Federal Service of the Russian Federation on intellectual property of December 11, 2020, No. 163

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the invention and patent grant on the invention, its duplicate

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of the invention and patent grant on the invention, its duplicate (further respectively - the Regulations, Rospatent, the state service, the patent) establish terms and the sequence of ministerial procedures (actions) performed by Rospatent and also order of interaction between structural divisions of Rospatent and their officials, between Rospatent and physical persons or legal entities, their authorized representatives (further - applicants), other public authorities and local government bodies, organizations and the organizations in the course of provision of the state service.

Action of these Regulations does not extend to the relations concerning state registration of the confidential invention and patent grant on it, its duplicate.

Circle of applicants

2. Applicants on the state service regarding state registration of the invention and patent grant are:

- inventor;

- the legal successor of the inventor to whom the right to the patent passed on the bases established by the legislation of the Russian Federation including according to the procedure of universal succession or under the agreement;

- legal successors of persons to whom the right to the patent passed on the bases established by the legislation of the Russian Federation including on state or under the municipal contract.

Applicant on the state service regarding issue of the duplicate of the patent is the patentee.

Business management in connection with provision of the state service can be performed by the applicant, the patentee independently or through the patent agent registered in Rospatent or through other representative.

Requirements to procedure for informing on provision of the state service

3. Information on procedure for provision of the state service, and also reference information is provided:

1) by phone - workers of consulting and help Item of Rospatent and federal state budgetary institution "Federal Institute of Industrial Property" (further respectively - consulting and help Item, FIPS) in working hours of Item;

2) in electronic form by means of the Internet - on the official sites of Rospatent on the Internet with use of information systems FIPS (further - the official sites) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - EPGU) on the basis of the data containing in the federal state information system "Federal Register of the State and Municipal Services (Functions)" (further - FRGU);

3) at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence.

4. Information specified in Item 3 of Regulations is provided free of charge to any interested persons.

The specified information can be also provided by different ways, including in information brochures, booklets and on the information leaflets prepared by Rospatent and FIPS and distributed at thematic meetings.

5. Information on the course and procedure for provision of the state service is provided by workers of consulting and help Item (further - the worker) on questions, answers to which do not require the analysis of clerical work according to the specific statement and (or) explanations of provisions of the legislation of the Russian Federation.

In case of the response to phone call the name of body in which the call, surname, name, middle name (the last - in the presence) and position of the worker who received phone call arrived is reported.

Conversation time, as a rule, shall not exceed 10 minutes.

If the worker who received call has no the relevant information necessary for the answer to the questions posed, phone call shall be readdressed (is translated) to the specialist of Rospatent, FIPS having necessary information or to the addressed person the information on method of receipt of such information shall be provided.

In case of the answer to questions by phone the worker has no right to provide information concerning being of the specific statement, the petition.

6. On the official sites, in FRGU and on EPGU take place:

1) information on procedure for provision of the state service, including electronically;

2) reference information;

3) text of Regulations;

4) the list of the regulations regulating provision of the state service;

5) list of the documents necessary for provision of the state service;

6) application form, petitions and models (examples) of their filling;

7) information on the course of provision of the state service (clerical work condition according to the request for patent grant for the invention (further - the request);

8) information on pre-judicial (extrajudicial) procedure for appeal of decisions and actions (failure to act) of Rospatent and FIPS, and also their officials (workers) (further - officials);

9) other information if its placement is provided by regulations or in case of need.

The information access, posted on the official sites, on EPGU, is performed without accomplishment by the applicant of any requirements, including without use of the software which installation on technical means of the applicant requires the conclusion of license or other agreement with the owner of the software providing collection of payment, registration or authorization of the applicant, or provision of personal data by it.

In case of provision of the state service through the official sites or EPGU in personal account of the applicant on the official site or EPGU information on the course of provision of the state service (the made decisions) according to the procedure provided by Items 56 - 57 Regulations is placed.

7. Information at information stands in premises of Rospatent and FIPS for acceptance and registration of statements and other correspondence is placed in visual or text form and contains, including, examples (samples) of filling of statements and the list of the documents necessary for provision of the state service.

II. Standard of provision of the state service

Name of the state service

8. The state service in state registration of the invention and patent grant on the invention, its duplicate.

The name of the body providing the state service

9. The state service is provided by Rospatent directly or with attraction subordinated to it to FIPS for carrying out preparatory work for the purpose of implementation of legally significant actions by Rospatent for provision of the state service.

10. By provision of the state service Rospatent has no right to demand from the applicant of implementation of actions the, including approvals necessary for receipt of the state services and connected with the appeal to other state bodies, the organizations, except for receipts of the services included in the list of services which are federal executive bodies, State Atomic Energy Corporation "Rosatom" of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 (The Russian Federation Code, 2011, No. 20, Art. 2829; 2020, No. 39, Art. 6038).

Description of result of provision of the state service

11. Results of provision of the state service are:

1) state registration of the invention in the State register of inventions of the Russian Federation (further - the State register), the publication of data on patent grant in the statement "Inventions. Useful models" (further - the statement of Rospatent) and patent grant on the invention in electronic form by placement on the official sites, and also on paper according to the petition of the applicant;

2) acceptance and direction to the applicant of one of the following decisions:

a) about patent refusal;

b) about recognition of the request withdrawn;

c) about allowance of the application of the applicant about withdrawal of the request;

d) about allowance of the application about transformation of the request for the invention to the request for useful model or to the request for industrial design.

3) entering of data on issue of the duplicate of the patent into the State register, the publication of data on issue of the duplicate of the patent in the statement of Rospatent, issue of the duplicate of the patent in electronic form by placement on the official sites;

4) refusal in satisfaction of the petition for issue of the duplicate of the patent for the invention and the direction to the applicant of the notification on refusal in issue of the duplicate of the patent.

The term of provision of the state service, including taking into account need of the appeal to the organizations participating in provision of the state service, the term of suspension of provision of the state service if the possibility of suspension is stipulated by the legislation the Russian Federation, the term of issue (direction) of the documents which are result of provision of the state service

12. The term of provision of the state service regarding state registration of the invention and patent grant constitutes twenty two months.

The term specified in paragraph one of this Item can be increased in case of need sending an inquiry, notifications on violation of the requirement of unity of the invention and representation by the applicant of the corrected or missing documents, additional materials and their check according to Items 84, of 85, of 88, 148 - 153 and 156 Regulations; in case of detection of need of payment of duty and check of its payment according to Items 72, 76 - 78, 127, 213 - 219 Regulations; in case of representation by the applicant on own initiative statements or petitions, stipulated in Item 17 Regulations, and their checks according to Items 91 - 92, 95 - 97, 127, 158, 160, 196, 199, 201, 204, 206, 207 Regulations for the terms specified in the listed Regulations Items.

The term of provision of the state service regarding issue of the duplicate of the patent constitutes two months and three weeks.

The specified term of provision of the state service regarding issue of the duplicate can be increased in case of detection of need of payment of duty and check of its payment according to Item 240 of Regulations, need of representation by the applicant of the corrected or missing documents and their check according to Items 244 and 245 of Regulations by the terms specified in the listed Regulations Items.

13. Suspension of provision of the state service is allowed:

- for the term specified in the court resolution providing interim measures concerning the invention or the term necessary for execution of such act in accordance with the legislation of the Russian Federation;

- for a period of up to decision making according to the request of other applicant with earlier priority date in which the invention identical declared is opened (suspension is performed in the consent of the applicant);

- for the term of carrying out verification of presence in the request of the data which are the state secret, provided by the order of the Government of the Russian Federation of December 24, 2007 No. 928 "About procedure for carrying out verification of presence in requests for patent grant for the invention, useful model or industrial design, created in the Russian Federation, the data which are the state secret" (The Russian Federation Code, 2007, No. 53, Art. 6624; 2017, No. 48, the Art. 7223) (further - the order of the Government of the Russian Federation of December 24, 2007 No. 928).

14. The term of issue (direction) of the patent, duplicate of the patent, being the results of provision of the state service provided by subitems 1 and 3 of Item 11 of Regulations constitutes five working days from the date of the publication of data on patent grant, the duplicate of the patent in the statement of Rospatent.

The term of issue (direction) of other documents which are result of provision of the state service, provided by subitems 2 and 4 of Item 11 of Regulations constitutes five working days from the date specified on the relevant document sent to the applicant with information on the made decision.

The regulatory legal acts regulating provision of the state service

15. The list of the regulatory legal acts regulating provision of the state service (with indication of their details and sources of official publication) is posted on the official sites, in FRGU and on EPGU.

The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service and services which are necessary and obligatory for provision of the state service, subject to representation by the applicant, methods of their obtaining by the applicant, including electronically, procedure for their representation

16. The exhaustive list of the documents necessary according to regulatory legal acts for provision of the state service which are subject to representation by the applicant:

- the request which is drawn up according to the Requirements to documents of the request for patent grant on the invention approved by the order of the Ministry of Economic Development of the Russian Federation of May 25, 2016 No. 316 (registration No. 42800) is registered in the Ministry of Justice of the Russian Federation on July 11, 2016, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of March 12, 2018 No. 113 (registration No. 50600) is registered in the Ministry of Justice of the Russian Federation on April 3, 2018, of September 19, 2018 (registration No. 52395) is registered by the Ministry of Justice of the Russian Federation on October 10, 2018, of October 1, 2018 No. 527 (registration No. 52851) is registered in the Ministry of Justice of the Russian Federation on December 3, 2018, of November 10, 2020 No. 746 (it is registered in the Ministry of Justice of the Russian Federation on December 10, 2020, registration No. 61384) (further respectively - the Requirements approved by the order of May 25, 2016 No. 316, the order of May 25, 2016 No. 316), and containing the petition on the invention (further - the petition) constituted in the form provided in appendix No. 1 to Rules of creation, giving and consideration of the documents which are the basis for making of legally significant actions for state registration of inventions approved by the order of May 25, 2016 No. 316 (further - the Rules approved by the order of May 25, 2016 No. 316);

- description of the invention;

- invention formula;

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