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

For the purpose of ensuring protection of the state secret when implementing patenting of the inventions, useful models and industrial designs created in the Russian Federation, the Government of the Russian Federation decides:

1. Approve the enclosed Rules of 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.

2. To federal executive bodies, State Atomic Energy Corporation "Rosatom" and State corporation on space activities Roskosmos which heads are given authority on reference of data to the state secret:

perform verification of presence of the data which are the state secret, in requests for patent grant for the invention, useful model or industrial design, created in the Russian Federation, given to Federal Service for Intellectual Property the Russian legal entities or citizens of the Russian Federation, including in the international applications submitted to the specified Service according to the Agreement on patent cooperation and in the applications submitted through the specified Service according to the Eurasian patent convention;

approve annually the lists of the representatives authorized on carrying out verification of presence in requests for patent grant for the invention, useful model or industrial design, created in the Russian Federation of the data which are the state secret and no later than December 30 to send the specified lists to Federal Service for Intellectual Property.

3. This resolution becomes effective since January 1, 2008.

The rules of 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

1. These rules establish 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.

2. All requests for patent grant for the invention, the useful model or industrial design created in the Russian Federation (further - the request), given to Federal Service for Intellectual Property the Russian legal entities or citizens of the Russian Federation (further - the applicant), including the international applications submitted to the specified Service according to the Agreement on patent cooperation, and the applications submitted through the specified Service according to the Eurasian patent convention or the Geneva act of the Hague agreement on the international registration of industrial designs, except for requests to which when giving the conclusion of the relevant commission of the applicant on protection of the state secret created in accordance with the established procedure about absence in such requests of the data which are the state secret is attached are subject to check.

3. The request which arrived in Federal Service for Intellectual Property undergoes the preliminary testing performed by acquaintance with it of the employees of the specified Service having the necessary form of the admission to the state secret.

4. Preliminary check is performed during the term of formal examination of the request.

In case of identification by the employee of Federal Service for Intellectual Property of the circumstances requiring verification of the request by representatives of federal executive bodies and (or) State Atomic Energy Corporation "Rosatom", and (or) the State corporation on space activities Roskosmos which heads are given authority on reference of data to the state secret (further - competent authority), the request is selected and moves to the specialized room, access to which is provided to the limited group of people. The request selected for conducting check by the representative of competent authority is entered in the register of requests for patent grant on the invention, useful model or industrial design created in the Russian Federation, the data selected for carrying out verification of presence in them which are the state secret, representatives of competent authorities in form according to appendix No. 1, which is constituted in 2 copies (in one copy for Federal Service for Intellectual Property and competent authority) and is signed by the representative of Federal Service for Intellectual Property.

For conducting verification of the request the letter invitation with the offer to the representative of competent authority goes to competent authority no later than 20 working days from the date of receipt of the request to arrive to Federal Service for Intellectual Property. The representative of competent authority having the necessary form of the admission to the state secret shall arrive to the specified Service within 10 working days after receipt of such letter invitation.

The term of conducting verification of the request by the representative of competent authority in Federal Service for Intellectual Property cannot exceed 2 months from the date of the direction of the letter invitation with the offer to the representative of competent authority to arrive to Federal Service for Intellectual Property. Before the termination of the specified term the representative of competent authority shall finish verification of the request and draw up results of verification of the request.

Consideration by Federal Service for Intellectual Property of the requests selected for conducting check by representatives of competent authorities in Federal Service for Intellectual Property stops for the term of conducting such check.

Subject of verification of the request by the representative of competent authority in Federal Service for Intellectual Property is identification of availability (absence) of the circumstances requiring check of contents of the request in competent authority.

Results of check are fixed in the statement of results of verification of requests for patent grant on the invention, useful model or industrial design created in the Russian Federation regarding availability of the circumstances requiring check of contents of requests in competent authorities in form according to appendix No. 2 (further - the act) which is drawn up in 2 copies (in one copy for Federal Service for Intellectual Property and competent authority) and is signed by the representative of competent authority.

5. In case of identification by the representative of competent authority of the circumstances requiring in his opinion, checks of contents of the request, the request goes Federal Service for Intellectual Property with use of special communication to the relevant competent authority what the applicant is notified on. The notification shall contain the warning of nondisclosure of the data containing in the request before the end of check.

Consideration of the request by Federal Service for Intellectual Property stops for the term of conducting verification of the request in competent authority.

6. The competent authority in 2-month time from the date of receipt of the request performs its check.

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