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It is registered

Ministry of Justice

Russian Federation

On April 12, 2021 No. 63077

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

of December 14, 2020 No. 165

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of industrial design and patent grant on industrial design, 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), Item 1 and subitem 5.8.1 of Item 5 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 industrial design and patent grant on industrial design, its duplicate.

2. This order becomes effective from the date of recognition No. 696 which voided the order of the Ministry of Economic Development of the Russian Federation of September 30, 2015 "About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in state registration of industrial design and patent grant on industrial design, its duplicate" (registration No. 40238) is registered by the Ministry of Justice of the Russian Federation on December 25, 2015, with the changes made by orders of the Ministry of Economic Development of the Russian Federation of May 13, 2016 No. 298 (registration No. 42811) is registered by the Ministry of Justice of the Russian Federation on July 12, 2016, of October 10, 2016 No. 647 (it is registered by 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 by 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.

Head

G.P.Ivliyev

Approved by the Order of the Federal Service of the Russian Federation on intellectual property of December 14, 2020, No. 165

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

I. General provisions

Subject of regulation of regulations

1. The administrative regulations of provision by Federal Service for Intellectual Property (Rospatent) of the state service in state registration of industrial design and patent grant on industrial design, its duplicate (further respectively - Regulations, 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, individual entrepreneurs, 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.

Circle of applicants

2. Applicants on the state service regarding state registration of industrial design and patent grant are persons having the right to the patent:

- author of industrial design;

- the legal successor of the author of industrial design to whom the right to the patent passed in cases and on the bases, stipulated in Item 2 Articles 1357 of the Civil code of the Russian Federation (The Russian Federation Code, 2006, No. 52, with the Art. 5496) (further - the Code), including according to the procedure of universal succession or under the agreement, including the employment contract;

- legal successors of persons to whom the right to the patent passed on the bases established, articles 1371 and 1373 of the Code, under the agreement either 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 owner independently, 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" subordinated to it (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 specific requests, statements or petitions.

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) forms of statements, petitions submitted by the applicant in connection with provision of the state service and models (examples) of their filling;

7) information on the course of provision of the state service (clerical work condition according to requests for patent grant for industrial design (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 private office of the applicant information on the course of provision of the state service according to the procedure provided by Items 53, 234 - 236 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 requests, other documents 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 industrial design and patent grant on industrial design, its duplicate.

The name of the body providing the state service

9. The state service is provided by Rospatent directly or with involvement of FIPS subordinated to it 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 coordination 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 industrial design in the State register of industrial designs of the Russian Federation (further - the State register), patent grant in electronic form by placement on the official sites, and also on paper according to the petition of the applicant, the publication of data on state registration of industrial design and patent grant in the statement "Industrial designs" (further - the statement);

2) patent refusal on industrial design;

3) recognition of the request withdrawn;

4) allowance of the application about withdrawal of the request;

5) allowance of the application about transformation of the request for industrial design to the request for the invention, to the request for useful model;

6) entering of data on issue of the duplicate of the patent into the State register, issue of the duplicate of the patent in electronic form by placement on the official sites, and also on paper if in the petition for issue of the duplicate of the patent for industrial design issue of the duplicate of the patent on paper, and the publication of data on issue of the duplicate of the patent in the statement is asked;

7) refusal in satisfaction of the petition for issue of the duplicate of the patent for industrial design and the direction to the applicant of the decision of Rospatent on refusal in satisfaction of the petition for issue of the duplicate of the patent for industrial design.

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 industrial design and patent grant constitutes twenty months and two weeks.

The term specified in paragraph one of this Item can be increased in case of need representations by the applicant of additional materials or documents and their check according to Items 85 - 87, 132 - 135 Regulations, arguments concerning the motives provided in the notification on violation of the requirement of unity, stipulated in Item 90 Regulations, and their considerations according to Item 129 of Regulations for two months from the date of receipt of reply to the request or the notification on violation of the requirement of unity, in case of need payments of duty and check of its payment according to Items 74 - 77, 146 and 147 Regulations for two weeks from the date of the expiration of the terms provided to the applicant for payment of duties according to Regulations on patent and other fees on making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark with state registration and provision of exclusive right on geographical specifying, the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement, the approved order of the Government of the Russian Federation of December 10, 2008 No. 941 (The Russian Federation Code, 2008, No. 51, Art. 6170; 2020 No. 42, the Art. 6639) (further - Regulations on duties), or for one month in connection with consideration of the petitions provided by the applicant, stipulated in Item 17 Regulations.

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

The term specified in paragraph three of this Item can be increased in case of need payments of duty and check of its payment according to Item 203 of Regulations for 2 weeks from the date of the expiration provided to the applicant for payment of duty according to Regulations on duties, representations by the applicant of additional materials and their check according to Item 209 of Regulations for one month from the date of intake of the additional materials provided by the applicant.

13. 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 6 of Item 11 of Regulations constitutes five working days from the date of the official publication of data on patent grant, the duplicate of the patent in the statement.

The term of issue (direction) of other documents which are result of provision of the state service, specified in subitems 2 - 5, the 7th Item 11 of Regulations, constitutes five working days from the date specified in the decision sent to the applicant.

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

- for the term specified in the court resolution providing interim measures concerning industrial design or the term necessary for execution of such act according to Item 2 of article 1252 of the Code;

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