Olga Plyasunova provides a practical guide to Russia’s industrial design system.
Article 1352 of the Civil Code of the Russian Federation “Conditions of Patentability of an Industrial Design” contains a definition of this object of intellectual property, and also lists the requirements that it must meet in order to obtain legal protection in Russia.
If the owner of the result of creative work wants to patent the object and considers it relevant to the conditions of patentability, then in order to obtain an official title of protection, it is necessary to contact the Federal Service for Intellectual Property.
There are two ways to apply for registration of an industrial design:
How to choose an application method
|Electronic filing page
Before proceeding to the advantages of various methods of applying to Rospatent, it is worth noting that regardless of how the patent office receives an application for legal protection, the package of documents that must be provided is the same.
In general, both the electronic and traditional methods lead to the same legal result: the Federal Service for Intellectual Property receives an appeal from a person to provide a title of protection in respect to the claimed intellectual property.
However, due to the fact that the electronic application is submitted via the internet and by remote access, this method has several advantages:
• With electronic filing, the amount of the fee paid for conducting a formal examination and substantive verification of the designation and other legally significant actions is reduced.
• The applicant saves time, since there is no need to personally be present in the building of Rospatent, and further correspondence with the department’s specialists is carried out in an online format.
• The website operates 24/7, therefore you can send an application at your convenience.
The owner of an industrial design can submit documents in digital format using the FIPS website or the Internet portal of “Gosuslugi” (state services).
Among the advantages of applying directly to Rospatent, one can note personal communication with employees of the Patent Office and receiving a printed copy of a document certifying the receipt of an application for registration of an industrial design.
If the applicant has chosen the traditional filing method, it is necessary to contact the address of the Federal Service for Intellectual Property: Moscow, Berezhkovskaya nab., 30, bldg. 1.
Documents required to apply for registration of an industrial design
Rospatent’s website has a section dedicated to industrial designs, containing a list of documents required to apply for registration. The applicant must submit:
1. Application for a patent.
2. A set of images.
3. A drawing of the general appearance of the product, if necessary to reveal the essence of the industrial design.
4. Description of the industrial design.
5. Document on the payment of the state duty.
The specified list is due to the following: department specialists are asked to send documents that will allow them to receive complete and clear information on the result of intellectual activity in order to fully conduct an examination before deciding whether to register an object or refuse it.
In addition to the information on the result of intellectual activity, the application contains important information about the applicant, which will allow Rospatent experts to contact the applicant if necessary.
The documents listed in paragraphs 2-4 relate to the description of the industrial design and are crucial, since with their help the object is determined to meet the conditions of patentability.
The document on the payment of state duty confirms the fact of payment for the examination procedure.
It is worth noting that the first step after receiving and registering an application is a formal examination. Namely: the analysis of documents regarding the completeness of their presentation, the correctness of filling and the correctness of the data. As practice shows, such a state of affairs is not accidental: in this way, the experts of Rospatent save time of the department and applicants by immediately checking the accuracy of the information, which subsequently can play a decisive role for the examination.
In conclusion, I want to note that the holder of the result of intellectual activity has the right to submit an application not only personally, but also with the help of a patent attorney who will help to understand the details and nuances of the procedure, as well as suggest the best solution in case of difficulties.
Olga Plyasunova, Zuykov and Partners, is a member of the MARQUES Dispute Resolution Team