ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of May 25, 2016 No. 315

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; 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. 6298; 2015, No. 1, Art. 67, 72; No. 10, Art. 1393; No. 29, Art. 4342, 4376; 2016, No. 7, the Art. 916) 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 state registration of the invention and patent grant on the invention, its duplicate.

2. This order becomes effective after thirty days from the date of its official publication.

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

Approved by the Order of the Ministry of Economic Development of the Russian Federation of May 25, 2016, No. 315

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 - Regulations, the state service, the patent) determine the standard of provision of the state service and establish terms and the sequence of ministerial procedures (actions) of Federal Service for Intellectual Property by provision of the state service.

These Regulations do not extend to state registration of the confidential invention and patent grant on it, its duplicate.

Circle of applicants

2. Applicants for provision of 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 law including according to the procedure of universal succession or under the agreement, including according to the employment contract;

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

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

Business management with Rospatent can be performed by the applicant, the patentee, the other person 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 order taking 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) help data on sending the patent or its issue are provided by phone: 8 (499) 240 65 76;

7) 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;

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

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

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

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

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: rospatent@rupto.ru;

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

4. Employees of consulting and help Item of Rospatent and FIPS (further - the employee 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 request for patent grant (further - the request) and (or) explanations of provisions of regulatory legal acts.

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 employee 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 request.

5. The applicant can independently receive data on the course of provision of the state service (about clerical work condition according to the request) on requisition number by means of the data posted on the websites of Rospatent, FIPS in the Section "Information Resources / Open Registers / the Register of Requests for Patent Grant of the Russian Federation on the Invention".

In case of application electronically data on the course of provision of the state service are posted also in private office of the applicant on the website of Rospatent or the Single portal of the state services.

6. 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 order taking and other correspondence;

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

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

1) information, stipulated in Item 3 Regulations;

2) Regulations with appendix;

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

4) application forms about patent grant (further - the statement), petitions and other statements and the documents filed by the applicant in connection with provision of the state service;

5) information on the course of provision of the state service (clerical work condition according to the request);

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

- about technical requirements to 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;

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

8. 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 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 and the e-mail address for receipt of certificates of the course of provision of the state service in requisition number 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 appendix;

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

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

The name of the federal executive body providing the state service

10. 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.

11. 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 service 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 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, 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, 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; 2015, No. 50, Art. 7165, 7189).

Description of result of provision of the state service

12. 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 of Rospatent and issue to the patent 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 of the applicant about transformation of the request to the request for patent grant on useful model (further - the request for useful model);

e) about allowance of the application of the applicant about transformation of the request to the request for patent grant on industrial design (further - 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;

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

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info