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Annual reports 2001 - Section 7

 



Activities of Rospatent as International Searching Authority and the International Preliminary Examination Authority

7.1. Rospatent as the International Searching Authority and the International Preliminary Examining Authority

In 2001, the activities of Rospatent as the International Searching Authority and the International Preliminary Examining Authority were carried out within the framework of an Agreement between the Rospatent and the International Bureau of the World Intellectual Property Organization (WIPO) concluded for the period from October 1, 1997 to December 31, 2007. In accordance with this Agreement, Rospatent carries out the International Search and International Preliminary Examination in Russian, English, Spanish, German or French and is designated as the competent International Searching Authority and the International Preliminary Examining Authority by 24 Contracting States.

In 2001, the international search was carried out on 553 international applications (including 76 applications filed with the International Bureau of WIPO as Receiving Office as well as Receiving Offices of Ukraine, Belarus, Latvia, Lithuania, Kazakhstan, Armenia and the EAPO). The international preliminary examination was carried out on 411 international applications.

Besides, in 2001, in accordance with an Agreement between the former USSR State Committee for Science and Technology and the International Bureau of WIPO (dated August 28, 1988), 70 search and examination reports to requests received from Patent Offices of the developing countries were drafted and transmitted by Rospatent as International Searching Authority and the International Preliminary Examining Authority.

Under Article 15(5) PCT, Rospatent carries out an international-type search regarding national (regional) applications. In 2001, international-type search reports were prepared with respect to 3 292 applications filed with Rospatent, 324 applications filed with the Patent Offices of the CIS countries (Kazakhstan, Tajikistan, Kyrgyzstan, and Uzbekistan). In 2001, the international-type search reports or Russian-language files were transmitted with respect to 935 Eurasian applications; Examiner’s Actions or draft Actions were transmitted with respect to 12 applications.

In December 1998, an Agreement on the Conduction of Patent Search and Examination of Applications for Inventions was concluded between the Rospatent and the Turkish Patent Institute (TPI) and in 2001, a total of 550 international-type search and examination reports were drafted and transmitted in pursuance of the above Agreement. Table 7.1.1 shows the main indicators for the last five years.

 

7.2. Rospatent as the Receiving Office

The activity of Rospatent as Receiving Office is determined by provisions of the Patent Cooperation Treaty (PCT) and PCT Instructions. Under Articles 2(xy) and 10 (PCT) as well as Rule 19 (PCT Instructions), Rospatent as Receiving Office receives international applications from Russian citizens or persons having domicile on the territory of the Russian Federation. The applications shall be filed in Russian or English. In 2001, Rospatent as Receiving Office received 581 international applications. The number of international applications is annually increasing approximately by 5%.

The Russian Agency for Patents and Trademarks and the European Patent Office are competent International Searching Authorities in relation to applications filed with Rospatent as Receiving Office. The European Patent Office as International Searching Authority indicated in 7,6% of international applications, Rospatent is indicated as International Searching Authority in majority of the applications.

Since January 1, 1999, Rospatent as International Searching Authority started receiving of international applications drafted using PCT-EASY software. The annual number of such applications is increasing and 54 applications were received in 2001, i.e. 10% from a total number of applications (see Table 7.2.1).

 

 

Besides, under Article 15(1)(ii) of the Eurasian Patent Convention, Rospatent is the Receiving Office for Russian applicants filing the Eurasian applications. The number of the Eurasian applications filed in 2001 is amounted to 44.



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