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Ministry of Justice

Russian Federation

On December 25, 2015 No. 40250

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of November 3, 2015 No. 810

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the invention and the patent certifying this right

(as amended of the Order of the Ministry of Economic Development of the Russian Federation of 13.05.2016 No. 298)

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; 2011, No. 15, Art. 2038; No. 27, Art. 3873, 3880; No. 29, Art. 4291; No. 30, Art. 4587; No. 49, Art. 7061; 2012, No. 31, Art. 4322; 2013, No. 14, Art. 1651; No. 27, Art. 3477, 3480; No. 30, Art. 4084; No. 51, Art. 6679; No. 52, Art. 6952, 6961, 7009; 2014, No. 26, Art. 3366; No. 30, Art. 4264; No. 49, Art. 6928; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, the Art. 4342, 4376) and the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of execution of the state functions and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, 5, of the Art. 506) I order to No.:

1. Approve the enclosed Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the invention and the patent certifying this right.

2. To impose control of execution of this order on the Head of the Federal Service for Intellectual Property Ivliyev G. P.

Minister

A. V. Ulyukaev

Approved by the Order of the Ministry of Economic Development of the Russian Federation of November 3, 2015, No. 810

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in prolongation of effective period of exclusive right on the invention and the patent certifying this right

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 prolongation of effective period of exclusive right on the invention and the patent certifying this right (further respectively - Regulations, the state service) govern the relations connected with provision of the state service by Federal Service for Intellectual Property (Rospatent).

Circle of applicants

2. The statement for prolongation of effective period of exclusive right for the invention and the patent certifying this right (further - the application) is submitted by the patentee (further - the applicant).

Business management with Rospatent can be performed by the applicant 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. Location, working schedule and contact information of Rospatent and Federal state budgetary institution "Federal Institute of Industrial Property" (FIIP):

1) Rospatent location:

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 12;

FIPS location:

Moscow, Berezhkovskaya Naberezhnaya, 30, building 1 (central building);

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1;

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 2;

2) working schedule of Rospatent and FIPS:

Monday - Thursday: 9:30 - 18:15;

Friday: 9:30 - 17:00;

Saturday, Sunday, non-working holidays - the days off;

3) the location of the room of reception of applications and other correspondence addressed in Rospatent or FIPS (further - documents acceptance window):

Moscow, Berezhkovskaya Naberezhnaya, 30, building 1;

working schedule of window of documents acceptance:

Monday - Thursday: 9:30 - 17:45;

Friday: 9:30 - 16:45;

break: 12:30 - 13:00;

Saturday, Sunday, non-working holidays - the days off;

4) location of consulting and help Item of Rospatent and FIPS:

Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1, room 113-B;

working schedule of consulting and help Item of Rospatent and FIPS:

Monday - Friday: 11:00 - 16:00;

break: 13:00 - 14:00;

Saturday, Sunday, non-working holidays - the days off;

5) phones of consulting and help Item of Rospatent and FIPS:

8 (499) 240 60 15 - data on the course of provision of the state service;

8 (499) 240 58 42 - data on questions of procedure for provision of the state service, including of procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service;

6) the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state services) - 8 (800) 100 70 10;

7) postal address of Rospatent and FIPS: Rospatent, Berezhkovskaya Naberezhnaya, 30, building 1, Moscow, G-59, GSP-3, 125993, Russian Federation;

8) fax of Rospatent and FIPS: 8 (495) 531 63 18;

9) the address of the official site of Rospatent on the Internet: http://www.rupto.ru (further - the website of Rospatent);

the address of the official site of FIPS on the Internet: http://www1.fips.ru (further - the website of FIPS);

the address of the official site of the Single portal of the state services on the Internet: http://www.gosuslugi.ru;

e-mail address of Rospatent and FIPS: rospatent@rupto.ru.

4. Workers of consulting and help Item of Rospatent and FIPS (further - the worker of Item) provide information on the course and procedure for provision of the state service in questions, answers to which do not require production analysis 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 of the Item which received phone call arrived is reported.

Time of conversation shall not exceed ten minutes.

In case of absence at the worker of the Item which received call, opportunities independently to answer the questions posed the phone call shall be readdressed (is transferred) to the specialist of Rospatent, the information on method of receipt of such information shall be provided to FIPS having necessary information, or which addressed.

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

5. Information on procedure for provision of the state service, including on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service is placed Rospatent:

1) on the websites of Rospatent and FIPS;

2) on the Single portal of the state services (it is provided daily and round the clock on the telephone number for enquiries of the Center of telephone servicing of citizens and the organizations of the Single portal of the state services on the basis of the data containing in the Federal register of the state and municipal services (functions);

3) at information stands in consulting and help Item of Rospatent and FIPS (it is provided by workers to persons who addressed for explanations directly in the specified Item in working hours of Item or by its phone, in writing the mailing or the electronic message to the address specified by the applicant);

4) in information brochures, booklets, on the information leaflets prepared by Rospatent, FIPS (it is provided on a grant basis at the thematic meetings organized and held by Rospatent, FIPS with applicants, owners and other interested persons concerning provision of the state services);

5) at information stands in premises of Rospatent and FIPS for reception of applications and other correspondence;

6) at information stands in Rospatent and FIPS for servicing of persons with limited opportunities.

6. On the websites of Rospatent and FIPS take place:

1) information, stipulated in Item 3 Regulations;

2) Regulations with appendices;

3) other regulatory legal acts governing the relations connected with provision of the state service;

4) forms of statements, petitions and other documents filed by the applicant in connection with provision of the state service;

5) information on procedure for provision of the state service electronically, including:

- about technical requirements to filing of application and other documents electronically via the website of Rospatent or the Single portal of the state services;

- about types of machine-readable carriers and about the allowed data presentation formats which can be used for submission of documents to Rospatent, FIPS;

6) procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

7. On the Single portal of the state services take place:

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

2) address of the website of Rospatent;

3) the postal address and the e-mail address to which the documents necessary for provision of the state service by Rospatent can be directed;

4) working schedule of Rospatent and FIPS;

5) phone numbers for receipt of certificates of the course of provision of the state service in registration number of the statement and (or) according to registration number of the patent for the invention (further - the patent), information on questions of procedure for provision of the state service, on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service;

6) Regulations with appendices;

7) other regulatory legal acts governing the relations connected with provision of the state service;

8) information on procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the state service.

II. Standard of provision of the state service

Name of the state service

8. The state service in prolongation of effective period of exclusive right on the invention and the patent certifying this right.

The name of the federal executive 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 necessary and obligatory for provision of the state services, No. 352 approved by the order of the Government of the Russian Federation of May 6, 2011 "About approval of the list of services which are federal executive bodies of the state services, necessary and obligatory for provision, and are provided by the organizations participating in provision of the state services, and determination of the amount of payment for their rendering" (The Russian Federation Code, 2011, No. 20, Art. 2829; 2012, No. 14, Art. 1655; No. 36, Art. 4922; 2013, No. 33, Art. 4382; No. 49, Art. 6421; No. 52, Art. 7207; 2014, No. 21, Art. 2712).

Description of result of provision of the state service

11. Results of provision of the state service are:

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