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Ministry of Justice

Russian Federation

On December 29, 2015 No. 40338

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of August 12, 2015 No. 552

About approval of Administrative regulations of provision by Federal Service for Intellectual Property of the state service in consideration of the application of the owner about provision to any person of right to use of the invention, useful model or industrial design (open license), petition for withdrawal of the statement for the open license

(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 consideration of the application of the owner about provision to any person of right to use of the invention, useful model or industrial design (open license), petition for withdrawal of the statement for the open license.

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 August 12, 2015, No. 552

Administrative regulations of provision by Federal Service for Intellectual Property of the state service in consideration of the application of the owner about provision to any person of right to use of the invention, useful model or industrial design (open license), petition for withdrawal of the statement for the open license

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 consideration of the application of the owner about provision to any person of right to use of the invention, useful model or industrial design (further - result of intellectual activities) (open license), the petition for withdrawal of the statement for the open license (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 possibility of provision to any person of right to use of result of intellectual activities (further - RID) (open license) (further - the Statement), the petition for withdrawal of the Statement (further - the Petition) moves the owner.

Business management with Rospatent can be performed by the owner (further - the applicant) independently, or through the patent agent registered in Rospatent or through other representative (further - the Representative).

Requirements to procedure for informing on provision of the State service

3. The location, the working schedule and contact information of Rospatent and Federal state budgetary institution "Federal Institute of Industrial Property" (further - FIPS):

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, Petitions 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) the location of consulting and help Item of Rospatent and FIPS (further - help Item): Moscow, Berezhkovskaya Naberezhnaya, 24, p. 1, room 113-B;

working schedule of help Item:

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

break: 13:00 - 14:00;

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

5) phones of help Item:

8 (499) 240 60 15 - informing on the course of provision of the State service;

8 (499) 240 58 42 - informing 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 Portal) - 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 Portal on the Internet: http://www.gosuslugi.ru;

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

e-mail address FIPS: fips@rupto.ru.

4. Informing 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 website of Rospatent;

2) on the Portal (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 Portal on the basis of the data containing in the Federal register of the state and municipal services (functions);

3) at information stands in help Item (it is provided by officials of help Item to persons who addressed for explanations directly in the specified help 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 information leaflets and to that similar, 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 rooms of reception of applications and other correspondence addressed in Rospatent or FIPS;

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

5. Are posted on the website of Rospatent:

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) application forms, Petitions;

5) procedure for appeal of decisions, actions (failure to act) of the officials responsible for provision of the State service;

6) information on procedure for provision of the State service electronically, including:

- about technical requirements to filing of application, Petitions electronically via the website of Rospatent or the Portal;

- 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. On the Portal take place:

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

2) address of the website of Rospatent;

3) the postal address to which the documents necessary for provision of the State service by Rospatent can be submitted;

4) working schedule of Rospatent and FIPS;

5) phone numbers for receipt of certificates of the course of provision of the State service in number of the patent for RID (further - the Patent) and 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;

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