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Annual reports 2001 - Section 3

 



Examination and Registration of Industrial Property Rights

Examination and registration of industrial property rights constitutes one of the major functions of any Patent Office. In the system of Rospatent, this function is carried out by the Federal Institute of Industrial Property (FIPS). The organization of examination procedure, improvements of its quality and reduction of term — these tasks attract close attention of Rospatent, since the results of the Office’s activities influence the «reliability» of protective titles granted by the Office.
 


 

A.N. Ashikhin, Director of the Federal Institute of industrial Property
 

3.1. Inventions, Utility Models

The Examination of inventions and utility models is carried out at 10 specialized departments. In 2001 there were no change in functions of the Departments.

Formal Examination Department (N 20) (A.L. Zouravlev, Director of Department): carries out a formal examination of applications for inventions and utility models, performs the works related to international searches, preliminary examination of the PCT applications, accepts and processes international applications filed by the national applicants as well as organizes processes of searches in relation to applications submitted to Rospatent by the Eurasian Patent Office, Turkish Patent Office and certain Patent Offices of the CIS countries.

The examination of applications for inventions as to substance is carried out by examiners of 9 branch departments of FIPS in which the subject matter is distributed as follows:

  • Metallurgy and Mechanical Engineering Department (№ 2) (A.I. Andreeva, Director of Department): ferrous, nonferrous and powder metallurgy; science of metals; casting; metal pressure working and welding; machine-tool manufacture and tools; military equipment;
  • Mining and Construction Department (№ 3) (E.V. Yudina, Director of Department): mineral resources output; building structures and materials; sanitary systems; waste destruction and recycling;
  • Organic Compounds Technology Department (N 4) (Dr. E.A.Outkina, Director of Department): polymeric and biologically active compounds; petrochemical synthesis products;
  • Power Engineering Department (№ 6) (V.A. Morozov, Director of Department): power units; refrigerating equipment; engines; fuel refining; gas and oil storage; nuclear and plasma engineering;
  • Electric and Radio Engineering Department (№ 9) (P.N. Skoulakov, Director of Department): electrical machines; electric energy conversion and distribution; measuring electric and magnetic values; computer science and electronic systems; television and radio broadcasting; multichannel link and telephony systems;
  • Light and Chemical Industry Department (№ 12) (S.A. Koutepov, Director of Department): textile, sewing, shoe equipment and technology; paper processing; general-purpose methods and apparatuses for various physical and chemical processes; sports equipment; clothes; printing technique and technology; musical instruments; fire prevention; furniture manufacturing; sorbents and ion exchange substances; sewage treatment; processing of inorganic substances;
  • Food, Agriculture and Biotechnology Industry Department (№ 13) (Dr. V.S. Fedorova, Director of Department): processing, storage and preparation of foods, drinks, tobaccos; genetic engineering and microbiology; soil treatment; plant growing and animal husbandry; forestry and wood processing;
  • Medicine and Medical Tools Department (№ 14), (Dr.V.I. Semenov, Director of Department): disease treatment and diagnosis methods; medicines; pharmaceutical compositions; medical equipment and tools;
  • Transporting, Testing and Measuring Technique Department (№ 28) (A.V. Nikitin, Director of Department): surface, water and air transport; space technology; studying chemical, physical and mechanical properties of articles and materials; semiconductor devices; acoustics.
     


 

  They supervise the examination
From left to right: V.S. Fedorova, E.V. Yudina, I.P. Kashkur, O.L. Alekseeva,
S.A. Koutepov, V.Y. Dzhermakyan, A.L. Zhouravlev, E.A. Outkina, A.V. Nikitin,
A.I. Andreeva, V.I. Semenov, V.A. Morozov, P.N. Skoulakov.
 

From a total of 600 highly skilled experts working in all FIPS’ departments, more than 50 persons are Doctors of Sciences (technics, chemistry, medicine, biology, law). Apart from examination of applications, FIPS examiners take part in R&D activities. The senior management and examiners were involved in R&D activities regarding the development of information technology and computerization, patent and information studies and applied search systems, study of trends in the legal protection of computer program and genetically modified organisms — transgene plants and animals, transformants as well as improvement of International Patent Classification and peculiarities of patent examination in various branches of technology.

The average period for completing a formal examination, including examination of utility models, amounts to about 1 month; this period for completing examination as to substance for patent applications amounts to 12 months. In the both cases, a net period of time for examination of applications (disregarding time for exchange of correspondence with an applicant) is estimated from the start of examination to a decision-making. In some disciplines, average periods for completing examination as to substance may exceed 12 months, which is caused by a large amount of applications, for example, in respect of applications for disease treatment, prophylaxis and diagnosis methods as well as certain fields of chemistry and biotechnology.

In 2001 the methodology of examination of inventions and utility models was developed taking into consideration the amendments to the RU Draft Patent Law.

The practice of 2001 testifies the necessity to enlarge the concept (adopted in the year 2000) of using different structures of the claims, including claims without division to restrictive and characterizing parts, in order to realize more completely the interests of applicants when forming a totality of essential features of an invention which define a scope of the rights granted under patent.

An approach, which theoretical basis was developed previously, for the appraisal of inventive step has been implemented to allow other systems (in addition to those used before) of proving the fact that the invention is not obvious from the state of the art to a skilled person.

In 2000-2001 the Examination met a new problem regarding analysis of the claims (inventions and utility models) containing a great number of alternative features which leads to uncertainty of scope of the rights claimed and impossibility to determine the idea of each invention or utility model. A new methodological approach to examination of such objects allowing to exclude the grant of patents with indefinite scope of rights was developed and recommended to the examiners.

The analysis of measures, adopted in 2000, to rule out the collision of interests of holders of various industrial property rights when granting protective titles (among inventions, utility models, industrial designs, and trademarks) was continued.

The Rules on submitting translations and copies of application documentation was simplified; patent attorneys were emprowered to certify the translations of many documents, including documents proving the change of the applicant on the stage of examination.

In 2001 the growth in number of applications filed in respect of all industrial property rights in many branches of industry was continued (especially in the field of chemistry, electronics, biotechnology, power and mechanical engineering) that testifies the existence of positive trends in Russian economy.

Major indicators of receiving applications and issuing protective titles for inventions and utility models are indicated in statistical tables given below.

More detailed statistics as to applications and protective titles, their regional distribution and applicants’ countries may be found in Annex to this Report.

3.1.1. Inventions

Table 3.1.1.1 shows dynamics of filing applications for patents of the Russian Federation by years.

 

 

Table 3.1.1.2 shows dynamics of granting patents of the Russian Federation by years.

 

Table 3.1.1.3 shows the number of valid patents of the Russian Federation as of December 12, 2001

 

3.1.2 Utility Models

Table 3.1.2.1 shows dynamics of filing utility model applications by years.

 

 

Table 3.1.2.2 shows the number of valid utility model certificates of the Russian Federation as of December 31, 2001.

 

3.2 Industrial Designs

The Department of Formal Examination carries out a formal examination of applications for industrial designs. The Department of Industrial Designs (I.P. Kashkour, Director of Department) carries out substantive examination of applications according to criteria of novelty, originality and industrial applicability.

An average term for substantive examination is 11 months.

In 2001, the development of search automated system and automated system for preparing Official Actions was continued with a view to diminish the number of technical errors in Examination’ decisions and protective titles granted as well as to reduce the term of publishing data on registered industrial designs.

In 2001, there was a steady growth in filing industrial design applications. The trend to increasing number of applications filed by Russian applicants and keeping on the same level of number of applications filed by foreign applicants was not changed.

Table 3.2.1 shows dynamics of filing applications and granting patents of the Russian Federation by years.

Statistical data on filing industrial design applications by foreign applicants is set forth in Annex2 to this Report.

 

3.3 Trademarks and Service Marks

In 2001 there was a steady growth in filing applications for registration of trademarks and service marks, as shown in Table 3.3.1.

 

 

In 2001 the total number of filings amounted to 53 124, thus representing a 24,1% increase over the year 2000.

In should be noted that this increase relates both to national applicants (31,2%) and foreign ones (6,8%), that testifies the more effective activity of national and foreign producers of goods in Russian market. The number of international applications filed by foreign applicants under the Madrid Agreement and Madrid Protocol has increased by 9.6 % . At the same time, the number of foreign application filed by national procedure has insignificantly increased (1,8%). The trademark applications filed by national applicants amount to 74,9% from the total number of applications filed with Rospatent and only 25,1% of applications belong to foreign applicants.

The dynamics of marks registration is presented in Table 3.3.2.

 

Statistical data on filing applications and registration of trademarks according to Russian regions and foreign countries is set forth in Annex 3 to this Report.

In result of significant increase of filing applications in 2000-2001, the main aim of Rospatent in the field of the legal protection of trademarks was cutting labour costs in the principal stages of processing application documentation and documentation related to registered trademarks. In order to resolve this task, the works aimed at further improvement of the main technological procedures of trademark registration were carried out and, thus, a great attention was paid to use in technological procedures the software providing decrease of labour costs and term of various stages of processing of applications. The main types of above works are as follows:

  • development of new technology of processing applications for trademark registration and preliminary examination providing prompt automatic printing of application filing’ receipt issued to the applicant (or his or her representative) with indication of its registration number and filing date;
  • development of software for computerization of procedures of consideration of petition for registration of trademark assignment contracts and license agreements.

In 2001 the Rospatent fulfilled the works to finishing and inputting into force the 8th edition of International (Nice) Classification of Goods and Services (MKTУ-8). The accomplishment of above works in 2001 allowed to put into practice the MKTУ-8 in the Russian Federation since the date indicated in a notice of WIPO International Bureau (January 1, 2002).

To increase the quality of Examination, the Recommendations on the certain aspects of examination of signs were worked out and entered into force by the Rospatent Order N 39 (March 23, 2001). The methodological approaches of the said Regulations, which can be used when examining whether the sign claimed meets the requirements of trademark registration provided for by Law and determined on the basis of examination practice of the FIPS, current practice of the Board of Appeals and Higher Patent Chamber of Rospatent as well as international practice.

3 «On Introduction of Changes and Amendments to the Law of the Russian Federation «On Trademarks, Service Marks and Appellation of Origin»» by the Russian Government to the Federal Assembly of the Russian Federation, the drafts of Implementing Departmental Acts were worked out on the basis of the said Bill. Besides, the studies of current technological support of trademark examination procedure were carried out to determine its correspondence with the Draft Law provisions as well as proposals on amendments of actual normative Acts and development of new ones taking into consideration the changes and amendments to current Law.

3.4. Appellations of Origin

Table 3.4.1

 



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