Patent attorneys of the Russian Federation.

Are you here: Declaration on UTII

RUSSIAN FEDERATION

THE FEDERAL LAW

About patent attorneys

Document with changes made:
(Russian newspaper, N 153, 07/15/2011) (for the procedure for entry into force, see);
(Official Internet portal legal information www.pravo.gov.ru, 07/30/2012) (for the procedure for entry into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/08/2013) (for the procedure for entry into force, see).
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Article 1. Subject of regulation

1. Real the federal law in accordance with the Civil Code of the Russian Federation regulates relations related to activities on the territory Russian Federation patent attorneys, determines the requirements for patent attorneys, establishes the procedure for their certification and registration, and also determines the rights, duties and responsibilities of patent attorneys.

2. The patent attorney conducts business with the federal agency executive power By intellectual property on behalf of applicants, copyright holders and other interested citizens and legal entities permanently residing (for citizens) or having a location (for legal entities) in the Russian Federation and abroad, unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

Article 2. Requirements for a patent attorney

1. Patent attorneys are citizens who have received the status of a patent attorney in accordance with the procedure established by this Federal Law and who carry out activities related to legal protection results intellectual activity and means of individualization, protection of intellectual rights, acquisition exclusive rights on the results of intellectual activity and means of individualization, the disposal of such rights (hereinafter referred to as the activities of a patent attorney).

2. A citizen of the Russian Federation who:

1) has reached the age of 18;

2) permanently resides on the territory of the Russian Federation;

3) has higher education;

4) has at least four years of experience in the field of activity of a patent attorney in accordance with the specialization in relation to which the citizen expresses a desire to be certified and registered as a patent attorney.

3. The following cannot be certified as patent attorneys:

1) citizens recognized in established by law of the Russian Federation in the order of incapacitated or partially capable;

2) citizens whose activities as patent attorneys have been suspended by a court decision for certain period, before its expiration, and citizens who are excluded from the Register of Patent Attorneys of the Russian Federation (hereinafter referred to as the Register), in the manner prescribed by Article 10 of this Federal Law.

4. The following cannot be registered as patent attorneys:

1) civil servants, persons replacing government positions of the Russian Federation, government positions in the constituent entities of the Russian Federation, municipal positions, and municipal employees;

2) employees of organizations under the jurisdiction of the federal executive body for intellectual property;

3) citizens recognized in the manner prescribed by the legislation of the Russian Federation as incompetent or partially capable.

Article 3. Forms of activity of patent attorneys

2. The employer of the patent attorney who has entered into a contract with the applicant, copyright holder or other interested party a civil law contract, which includes conditions for the performance of work (rendering services) related to the activities of a patent attorney, is obliged to:

1) provide proper execution patent attorney with whom he has a contract employment contract, the corresponding order and in the event of it improper execution apply measures to a patent attorney disciplinary liability in accordance with labor legislation;

2) ensure the safety of documents received from the guarantor, customer, and other persons during the execution of a civil contract;

3) inform the guarantor, the customer about the impossibility of fulfilling their obligations under a civil contract due to the occurrence of circumstances that impede their fulfillment;

4) not to disclose information in respect of which there is a requirement to ensure its confidentiality and which was received during the execution of a civil contract, except for cases provided for by the legislation of the Russian Federation (clause as amended, entered into force on July 26, 2011 by Federal Law dated July 11, 2011 N 200-FZ.

3. The name “patent attorney” or a phrase including this name may only be used by patent attorneys, employers of patent attorneys, public associations and self-regulatory organizations patent attorneys.

Article 4. Rights and obligations of a patent attorney

1. A patent attorney, within the scope of specialization specified in the Register, has the right to carry out in the interests of an employer who has concluded an employment contract with him, or a person who has concluded a civil law contract with him or his employer, the following types activities of a patent attorney:

1) provide advice on issues of legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, disposal of such rights;

2) conduct patent research and analysis of the circumstances that determine the choice of the object of legal protection;

3) carry out registration and submission on behalf of the principal, customer, employer of applications and other documents required in accordance with the legislation of the Russian Federation and international treaties Russian Federation to obtain legal protection of the results of intellectual activity and means of individualization, including those created in the implementation of international scientific and technical cooperation. When filing applications for patents for secret inventions, the patent attorney must have appropriate access to information constituting state secret;

4) interact on behalf of the principal, customer, employer with the federal executive body for intellectual property and the chamber of intellectual property formed under it patent disputes, including conducting correspondence, preparing and sending objections to examination decisions, statements and other documents, taking part in expert and other meetings and meetings;

5) carry out legal expertise projects civil contracts, on the basis of which the acquisition of exclusive rights to the results of intellectual activity and means of individualization and the disposal of such rights is carried out, as well as provide advice on issues related to the conclusion and execution of such agreements;

6) participate as an expert or representative on behalf of the principal, customer, employer in court in cases related to the legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, as well as with the disposal these rights;

7) carry out other activities of a patent attorney not prohibited by the legislation of the Russian Federation in the interests of the principal, customer, employer.

2. The powers of a patent attorney to conduct business with the federal executive body for intellectual property are certified by a power of attorney issued by the applicant, copyright holder, employer or other interested party and does not require notarization. To confirm, if necessary, the powers of a patent attorney, the federal executive body for intellectual property may request a power of attorney from the patent attorney and then return it. If the power of attorney is made in foreign language, simultaneously with the power of attorney, its translation into Russian is submitted.

3. A patent attorney does not have the right to accept an order from a principal or customer if he:

1) previously took direct part in the consideration of the case that is the subject of the assignment and the adoption of a decision on it as an employee of the federal executive body for intellectual property or organizations under its jurisdiction;

2) represents or advises persons whose interests conflict with the interests of his principal, customer, provided that both parties have not given consent to this.

5. When receiving case materials that are part of an assignment from a principal or a customer, the patent attorney is obliged to confirm their receipt, and in the event of termination of his activities or at the request of the principal, customer or upon expiration of the contract or power of attorney, he is obliged to return the case materials that are part of the assignment , unless otherwise provided by the contract.

6. A patent attorney is obliged to ensure the safety of documents received and (or) compiled in the course of his activities. The patent attorney has no right to transfer or otherwise disclose the information contained in these documents without the consent of the writing the person whose interests he represents.

Article 5. Public associations and self-regulatory organizations of patent attorneys

2. Authorized body public association or self-regulatory organization of patent attorneys, within thirty days from the date of their creation, sends a notice of the creation of such a public association or such self-regulatory organization and their personnel taking into account the provisions of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data” to the federal executive body for intellectual property to enter the relevant information into the Register.

Article 6. Procedure for certification of candidates for patent attorneys

2. The qualification commission includes patent attorneys, whose candidacies are submitted public associations and self-regulatory organizations of patent attorneys. Patent attorneys in the qualification commission should constitute one third of total number members of the qualification commission. Patent attorneys included in the qualification commission are subject to rotation once every three years.

3. Certification of candidates for patent attorneys is carried out at least twice a year.

4. Certification of candidates for patent attorneys includes:

1) checking compliance with the requirements for a patent attorney in accordance with parts 2 and 3 of article 2 of this Federal Law, with part 13 of this article, based on the results of which a decision is made on admission to qualifying exam or refusal of such admission;

2) conducting a qualification exam, during which it is checked whether the candidate for patent attorney has necessary knowledge to carry out the activities of a patent attorney and their corresponding skills practical application;

3) making a decision on certification or refusal of certification based on the results of the qualification exam.

5. A citizen who has expressed a desire to obtain the status of a patent attorney applies to the federal executive body for intellectual property directly or through Multifunctional Center provision of government or municipal services with an application for certification as a patent attorney in the form established by the federal executive body that carries out legal regulation in the field of intellectual property, and submits copies of a diploma of higher education, work book, an employment contract and (or) other documents confirming his compliance with the requirements provided for in paragraph 4 of part 2 of article 2 of this Federal Law.
(Part as amended by Federal Law of July 28, 2012 No. 133-FZ; as amended by Federal Law of July 2, 2013 No. 185-FZ.

6. Upon receipt of an application for certification as a patent attorney, the qualification commission checks the compliance of the citizen who has expressed a desire to obtain the status of a patent attorney with the requirements in accordance with paragraph 1 of part 4 of this article and makes a decision on admitting him to the qualification exam or refusing to admit him for the qualifying exam if this citizen does not comply with the requirements for patent attorneys established by this Federal Law or are represented by them false information. Citizens admitted to the qualification exam are informed about the time and place of its holding no later than a month before the day of the qualification exam.

7. The qualifying exam is carried out according to exam assignments, approved by the qualification commission, in accordance with the specialization or specializations specified in the application for certification as a patent attorney, including:

1) inventions and utility models;

2) industrial designs;

3) trademarks and service marks;

4) names of places of origin of goods;

5) programs for electronic computers, databases, topology integrated circuits.

9. Within one month from the date of completion of the qualification exam, the qualification commission makes a decision on certification or refusal of certification. The decision of the qualification commission on the results of certification comes into force from the date of its adoption.

10. The qualification commission does not have the right to refuse certification as a patent attorney to a citizen who has successfully passed the qualification exam, except in cases where, after passing the qualification exam, circumstances are revealed that provided for in parts 2 and 3 of Article 2 of this Federal Law and are an obstacle to certification.

11. In case of disagreement with the decision of the qualification commission to refuse admission to the qualification exam or to refuse certification, the citizen has the right to appeal the corresponding decision to the appeal commission in three month period from the date of its receipt.

12. Certification of patent attorneys who have expressed a desire to expand their area of activity within their specializations, provided for by part 7 of this article is carried out in compliance with the requirements provided for by this Federal Law and in the manner established by it.

13. A citizen who is denied certification based on the results of a qualification exam in accordance with the specialization specified in the application for certification as a patent attorney is allowed to re-certify in this specialization no earlier than six months from the date the qualification commission made a decision to refuse certification .

Article 7. Procedure for registering a patent attorney in the Register

2. An application for registration in the Register may be submitted by a citizen certified as a patent attorney to the federal executive body for intellectual property within a period not exceeding three months from the date the qualification commission made a decision on certification, attaching a document confirming payment state duty for issuing a certificate, provided for by law Russian Federation on taxes and fees. In case of missing specified period By good reason it can be restored by the federal executive body for intellectual property on the basis of an application from a citizen certified as a patent attorney.

3. From the date of registration of a citizen certified as a patent attorney in the Register, he acquires the status of a patent attorney.

4. The register contains the following information:

1) the registration number of the patent attorney, which is also the number of the certificate of registration of the patent attorney, and the date of registration of the patent attorney;

2) last name, first name, patronymic of the patent attorney;

3) number and date of the qualification commission’s decision on certification;

4) specialization of a patent attorney;

5) the name of the employer of the patent attorney or an indication of the activities carried out by him professional activity on one's own;

6) address on the territory of the Russian Federation for correspondence, as well as the address Email, contact telephone numbers, fax numbers, if any, languages in which correspondence is carried out;

7) penalties, provided for in articles 9 and 10 of this Federal Law and applied to a patent attorney;

8) names of public associations and self-regulatory organizations of patent attorneys, of which the patent attorney is a member (participant).

6. Within thirty days from the date of receipt of the application for registration of a patent attorney in the Register and a document confirming payment of the state fee, the federal executive body for intellectual property registers the patent attorney in the Register and issues him a patent attorney certificate. The form of the patent attorney certificate is established by the federal executive body that carries out legal regulation in the field of intellectual property. If the information entered into the patent attorney's certificate changes, as well as if he loses the patent attorney's certificate, the federal executive body for intellectual property, upon application of the patent attorney with the attachment of a document confirming payment of the state fee, issues him a new patent attorney's certificate.

7. The federal executive body for intellectual property publishes the information contained in the Register on its official website on the Internet information and telecommunications network and on official publication(part as amended, put into effect on July 26, 2011 by Federal Law of July 11, 2011 N 200-FZ.

Article 8. Procedure for excluding a patent attorney from the Register

1. The exclusion of a patent attorney from the Register is carried out by the federal executive body for intellectual property on the basis of:

1) statements from a patent attorney;

2) loss of citizenship of the Russian Federation;

3) leaving the territory of the Russian Federation for permanent place residence;

4) identification of the circumstances provided for in Part 4 of Article 2 of this Federal Law;

5) death or declaration by the court of death or missing;

6) a court decision on exclusion from the Register in the manner established by part 1 Article 10 of this Federal Law.

3. Information on the exclusion of a patent attorney from the Register, as well as on the restoration of his registration in the Register, is published in the manner established by Part 7 of Article 7 of this Federal Law, indicating the grounds for making the corresponding decision.

Article 9. Control over the certification of candidates for patent attorneys, registration of patent attorneys and their activities

2. The appeal commission, along with other persons, includes patent attorneys, whose candidacies are submitted by public associations and self-regulatory organizations of patent attorneys. Patent attorneys must constitute one third of the total number of members of the appeal committee. Patent attorneys serving on the appeal commission are subject to rotation once every three years.

3. The appeal commission considers:

1) complaints from citizens against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney;

2) complaints from patent attorneys who have expressed a desire to carry out other types of activities within the specializations provided for in Part 7 of Article 6, against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney in the relevant specialization;

3) complaints of persons against the actions of those representing their rights and legitimate interests patent attorneys committed in violation of the legislation of the Russian Federation.

5. Based on the results of consideration of the complaints provided for in paragraphs 1 and 2 of part 3 of this article, the appeal commission has the right to uphold the decision of the qualification commission or cancel it and recognize the results of the qualification exam as satisfactory or oblige the qualification commission to re-take the qualification exam with a different composition of examiners or re-examine question about admission to the qualifying exam.

6. In the event of a violation by a patent attorney of the legislation of the Russian Federation, as a result of which the rights and (or) legitimate interests of the persons represented by him are violated, taking into account the consequences that have occurred, the appeal commission may make one of the following decisions:

1) issuing a warning to the patent attorney;

2) an appeal to the federal executive body for intellectual property with a recommendation to file a claim in court to apply penalties against the patent attorney provided for in Part 1 of Article 10 of this Federal Law.

7. The decision of the appeal commission can be challenged in court.

Article 10. Penalty measures applied to a patent attorney

2. If a patent attorney causes harm to persons whose rights and legitimate interests he represents, the patent attorney is liable in accordance with the legislation of the Russian Federation.

Article 11. Final provisions

1. This Federal Law comes into force ninety days after the day of its official publication.

2. The provisions of this Federal Law apply to patent attorneys registered in the Register on the date of entry into force of this Federal Law.

The president
Russian Federation
D.Medvedev

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

Accepted State Duma December 24, 2008
Approved by the Federation Council on December 29, 2008

Article 1. Subject of regulation

1. This Federal Law, in accordance with the Civil Code of the Russian Federation, regulates relations related to the activities of patent attorneys on the territory of the Russian Federation, determines the requirements for patent attorneys, establishes the procedure for their certification and registration, and also determines the rights, obligations and responsibilities of patent attorneys.
2. A patent attorney conducts business with the federal executive body for intellectual property on behalf of applicants, copyright holders and other interested citizens and legal entities permanently residing (for citizens) or having a location (for legal entities) in the Russian Federation and abroad , unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

Article 2. Requirements for a patent attorney

1. Patent attorneys are citizens who have received the status of a patent attorney in accordance with the procedure established by this Federal Law and who carry out activities related to the legal protection of the results of intellectual activity and means of individualization, the protection of intellectual rights, the acquisition of exclusive rights to the results of intellectual activity and means of individualization, and the disposal of such rights. (hereinafter referred to as the activities of a patent attorney).
2. A citizen of the Russian Federation who:

1) has reached the age of 18;
2) permanently resides on the territory of the Russian Federation;
3) has a higher education;
4) has at least four years of experience in the field of activity of a patent attorney in accordance with the specialization in relation to which the citizen expresses a desire to be certified and registered as a patent attorney.

3. The following cannot be certified as patent attorneys:

1) citizens recognized in the manner prescribed by the legislation of the Russian Federation as incompetent or partially capable;
2) citizens whose activities as patent attorneys have been suspended by a court decision for a certain period before its expiration and citizens who are excluded from the Register of Patent Attorneys of the Russian Federation (hereinafter referred to as the Register), in the manner prescribed by Article 10 of this Federal Law.

4. The following cannot be registered as patent attorneys:

1) civil servants, persons holding government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, municipal positions, and municipal employees;
2) employees of organizations under the jurisdiction of the federal executive body for intellectual property;
3) citizens recognized in the manner prescribed by the legislation of the Russian Federation as incompetent or partially capable.

Article 3. Forms of activity of patent attorneys

1. A patent attorney has the right to carry out his professional activities independently, engaging in private practice, as well as on the basis of an employment contract between the patent attorney and the employer (legal entity).
2. The employer of a patent attorney who has concluded a civil contract with the applicant, copyright holder or other interested party, which includes conditions for the performance of work (provision of services) related to the activities of the patent attorney, is obliged to:

1) ensure proper execution by the patent attorney with whom he has an employment contract of the relevant assignment and, in case of improper execution, apply disciplinary measures to the patent attorney in accordance with labor legislation;
2) ensure the safety of documents received from the guarantor, customer, and other persons during the execution of a civil contract;
3) inform the guarantor, the customer about the impossibility of fulfilling their obligations under a civil contract due to the occurrence of circumstances that impede their fulfillment;
4) not to disclose confidential information received during the execution of a civil contract, except for cases provided for by the legislation of the Russian Federation.

Article 4. Rights and obligations of a patent attorney

1. A patent attorney, within the scope of specialization specified in the Register, has the right to carry out the following types of activities of a patent attorney in the interests of an employer who has entered into an employment contract with him, or a person who has entered into a civil law agreement with him or his employer:

1) provide advice on issues of legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, disposal of such rights;
2) conduct patent research and analysis of the circumstances that determine the choice of the object of legal protection;
3) carry out registration and submission on behalf of the principal, customer, employer of applications and other documents required in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation to obtain legal protection of the results of intellectual activity and means of individualization, including those created in the implementation of international scientific- technical cooperation. When filing applications for patents for secret inventions, the patent attorney must have appropriate access to information constituting a state secret;
4) interact on behalf of the principal, customer, employer with the federal executive body for intellectual property and the chamber for patent disputes formed under it, including correspondence, prepare and send objections to examination decisions, statements and other documents, take part in expert and other meetings and meetings;
5) conduct a legal examination of draft civil contracts on the basis of which the acquisition of exclusive rights to the results of intellectual activity and means of individualization and the disposal of such rights is carried out, as well as provide advice on issues related to the conclusion and execution of such contracts;
6) participate as an expert or representative on behalf of the principal, customer, employer in court in cases related to the legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, as well as with the disposal these rights;
7) carry out other activities of a patent attorney not prohibited by the legislation of the Russian Federation in the interests of the principal, customer, employer.

2. The authority of a patent attorney to conduct business with the federal executive body for intellectual property is certified by a power of attorney issued by the applicant, copyright holder, employer or other interested party and does not require notarization. To confirm, if necessary, the powers of a patent attorney, the federal executive body for intellectual property may request a power of attorney from the patent attorney and then return it. If the power of attorney is drawn up in a foreign language, its translation into Russian is submitted simultaneously with the power of attorney.
3. A patent attorney does not have the right to accept an order from a principal or customer if he:

1) previously took direct part in the consideration of the case that is the subject of the assignment and the adoption of a decision on it as an employee of the federal executive body for intellectual property or organizations under its jurisdiction;
2) represents or advises persons whose interests conflict with the interests of his principal, customer, provided that both parties have not given consent to this.

4. A patent attorney is obliged to refuse to carry out an assignment if, in the federal executive body for intellectual property and (or) organizations under its jurisdiction, the consideration of a case that is part of the assignment is carried out by an employee with whom or with whose immediate supervisor the patent attorney is related .
5. When receiving case materials that are part of an assignment from a principal or a customer, the patent attorney is obliged to confirm their receipt, and in the event of termination of his activities or at the request of the principal, customer or upon expiration of the contract or power of attorney, he is obliged to return the case materials that are part of the assignment , unless otherwise provided by the contract.
6. A patent attorney is obliged to ensure the safety of documents received and (or) compiled in the course of his activities. The patent attorney has no right to transfer or otherwise disclose the information contained in these documents without the written consent of the person whose interests he represents.

Article 5. Public associations and self-regulatory organizations of patent attorneys

1. Patent attorneys have the right to create, in accordance with the legislation of the Russian Federation, public associations of patent attorneys and (or) be their members (participants), as well as create self-regulatory organizations of patent attorneys.
2. The authorized body of a public association or self-regulatory organization of patent attorneys, within thirty days from the date of their creation, sends a notice of the creation of such a public association or such a self-regulatory organization and their personal composition, taking into account the provisions of Federal Law of July 27, 2006 N 152-FZ "On personal data" to the federal executive authority for intellectual property to enter the relevant information into the Register.

Article 6. Procedure for certification of candidates for patent attorneys

1. Certification of candidates for patent attorneys is carried out by the federal executive body for intellectual property, which creates a qualification commission headed by an official of the federal executive body for intellectual property. The procedure for the activities of the qualification commission is established by the federal executive body that carries out legal regulation in the field of intellectual property.
2. The qualification commission includes patent attorneys, whose candidacies are submitted by public associations and self-regulatory organizations of patent attorneys. Patent attorneys in the qualification commission must constitute one third of the total number of members of the qualification commission. Patent attorneys included in the qualification commission are subject to rotation once every three years.
3. Certification of candidates for patent attorneys is carried out at least twice a year.
4. Certification of candidates for patent attorneys includes:

1) verification of compliance with the requirements for a patent attorney in accordance with parts 2 and 3 of Article 2 of this Federal Law, with Part 13 of this Article, based on the results of which a decision is made on admission to the qualification exam or on refusal of such admission;
2) conducting a qualification examination, during which it is verified that the candidate for patent attorney has the necessary knowledge to carry out the activities of a patent attorney and the corresponding skills in their practical application;
3) making a decision on certification or refusal of certification based on the results of the qualification exam.

5. A citizen who has expressed a desire to obtain the status of a patent attorney applies to the federal executive body for intellectual property with an application for certification as a patent attorney in the form established by the federal executive body responsible for legal regulation in the field of intellectual property and submits copies higher diploma vocational education, work book, employment contract and (or) other documents confirming his compliance with the requirements provided for in paragraph 4 of part 2 of article 2 of this Federal Law.
6. Upon receipt of an application for certification as a patent attorney, the qualification commission checks the compliance of the citizen who has expressed a desire to obtain the status of a patent attorney with the requirements in accordance with paragraph 1 of part 4 of this article and makes a decision on admitting him to the qualification exam or refusing to admit him to the qualification exam if the citizen does not meet the requirements for patent attorneys established by this Federal Law or they are provided with inaccurate information. Citizens admitted to the qualification exam are informed about the time and place of its holding no later than a month before the day of the qualification exam.
7. The qualification exam is carried out on examination tasks approved by the qualification commission, in accordance with the specialization or specializations specified in the application for certification as a patent attorney, including:

1) inventions and utility models;
2) industrial designs;
3) trademarks and service marks;
4) names of places of origin of goods;
5) programs for electronic computers, databases, topology of integrated circuits.

8. A fee is charged for conducting the qualification exam, the amount and procedure for collection of which are established by the Government of the Russian Federation. Citizens admitted to the qualification exam in accordance with Part 6 of this article may proceed to take it subject to the presentation of a document confirming payment of the established fee.
9. Within one month from the date of completion of the qualification exam, the qualification commission makes a decision on certification or refusal of certification. The decision of the qualification commission on the results of certification comes into force from the date of its adoption.
10. The qualification commission does not have the right to refuse certification as a patent attorney to a citizen who has successfully passed the qualification exam, except in cases where, after passing the qualification exam, the circumstances provided for in parts 2 and 3 of Article 2 of this Federal Law are revealed and are an obstacle to certification.
11. In case of disagreement with the decision of the qualification commission to refuse admission to the qualification exam or to refuse certification, the citizen has the right to appeal the relevant decision to the appeal commission within three months from the date of its receipt.
12. Certification of patent attorneys who have expressed a desire to expand the scope of activity within the specializations provided for in Part 7 of this article is carried out in compliance with the requirements provided for by this Federal Law and in the manner established by it.
13. A citizen who is denied certification based on the results of a qualification exam in accordance with the specialization specified in the application for certification as a patent attorney is allowed to re-certify in this specialization no earlier than six months from the date the qualification commission made a decision to refuse certification .

Article 7. Procedure for registering a patent attorney in the Register

1. Registration of a citizen certified as a patent attorney in the Register is carried out by the federal executive body for intellectual property on the basis of the decision of the qualification commission on certification and the application of the patent attorney in the form established by the federal executive body carrying out legal regulation in the field of intellectual property , and in the absence of grounds for refusal of registration provided for in Part 4 of Article 2 of this Federal Law. Refusal to register a patent agent may be challenged in court.
2. An application for registration in the Register can be submitted by a citizen certified as a patent attorney to the federal executive body for intellectual property within a period not exceeding three months from the date the qualification commission made a decision on certification, attaching a document confirming payment of the state fee for the issuance of a certificate provided for by the legislation of the Russian Federation on taxes and fees. If the specified period is missed for a good reason, it can be restored by the federal executive body for intellectual property on the basis of an application from a citizen certified as a patent attorney.
3. From the date of registration of a citizen certified as a patent attorney in the Register, he acquires the status of a patent attorney.
4. The register contains the following information:

1) the registration number of the patent attorney, which is also the number of the certificate of registration of the patent attorney, and the date of registration of the patent attorney;
2) last name, first name, patronymic of the patent attorney;
3) number and date of the qualification commission’s decision on certification;
4) specialization of a patent attorney;
5) the name of the employer of the patent attorney or an indication of his professional activities independently;
6) address on the territory of the Russian Federation for correspondence, as well as e-mail address, contact telephone number, fax number, if any, languages in which correspondence is carried out;
7) penalties provided for in Articles 9 and 10 of this Federal Law and applied to the patent attorney;
8) names of public associations and self-regulatory organizations of patent attorneys, of which the patent attorney is a member (participant).

5. The procedure for maintaining the Register is established by the federal executive body that carries out legal regulation in the field of intellectual property. The patent attorney is obliged to send information about all changes to the information specified in Part 4 of this article to the federal executive body for intellectual property within thirty days from the date of occurrence of such changes for their inclusion in the Register. The Register also contains information about the exclusion of patent attorneys from the Register and the restoration of their registration. Any person has the right to receive an extract from the Register containing information published in accordance with Part 7 of this article by submitting an appropriate application to the federal executive body for intellectual property.
6. Within thirty days from the date of receipt of the application for registration of a patent attorney in the Register and a document confirming payment of the state fee, the federal executive body for intellectual property registers the patent attorney in the Register and issues him a patent attorney certificate. The form of the patent attorney certificate is established by the federal executive body that carries out legal regulation in the field of intellectual property. If the information entered into the patent attorney's certificate changes, as well as if he loses the patent attorney's certificate, the federal executive body for intellectual property, upon application of the patent attorney with the attachment of a document confirming payment of the state fee, issues him a new patent attorney's certificate.
7. The federal executive body for intellectual property publishes the information contained in the Register on its official website on the Internet and in the official publication.

Article 8. Procedure for excluding a patent attorney from the Register

1. The exclusion of a patent attorney from the Register is carried out by the federal executive body for intellectual property on the basis of:

1) statements from a patent attorney;
2) loss of citizenship of the Russian Federation;
3) leaving the territory of the Russian Federation for permanent residence;
4) identification of the circumstances provided for in Part 4 of Article 2 of this Federal Law;
5) death or declaration by the court of death or missing;
6) a court decision on exclusion from the Register in the manner established by Part 1 of Article 10 of this Federal Law.

2. If the circumstances provided for in paragraphs 2 - 5 of part 1 of this article and which served as grounds for excluding a patent attorney from the Register no longer exist, the federal executive body for intellectual property, at the request of a citizen, restores his registration in the Register without re-certifying the patent attorney . A decision to refuse to restore registration in the Register without re-certifying a patent attorney may be challenged in court.
3. Information on the exclusion of a patent attorney from the Register, as well as on the restoration of his registration in the Register, is published in the manner established by Part 7 of Article 7 of this Federal Law, indicating the grounds for making the corresponding decision.

Article 9. Control over the certification of candidates for patent attorneys, registration of patent attorneys and their activities

1. In order to monitor the certification of candidates for patent attorneys and the activities of patent attorneys, the federal executive body for intellectual property creates an appeal commission. The procedure for the activities of the appeal commission is established by the federal executive body that carries out legal regulation in the field of intellectual property.
2. The appeal commission, along with other persons, includes patent attorneys, whose candidacies are submitted by public associations and self-regulatory organizations of patent attorneys. Patent attorneys must constitute one third of the total number of members of the appeal committee. Patent attorneys serving on the appeal commission are subject to rotation once every three years.
3. The appeal commission considers:

1) complaints from citizens against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney;
2) complaints from patent attorneys who have expressed a desire to carry out other types of activities within the specializations provided for in Part 7 of Article 6, against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney in the relevant specialization;
3) complaints of persons against the actions of patent attorneys representing their rights and legitimate interests, committed in violation of the legislation of the Russian Federation.

4. Persons who filed complaints against the actions of a patent attorney, and patent attorneys against whom such complaints were filed, have the right to personal participation in the consideration of the relevant complaints by the appeal commission. Complaints are subject to consideration by the appeal commission within thirty days from the date of their receipt.
5. Based on the results of consideration of the complaints provided for in paragraphs 1 and 2 of part 3 of this article, the appeal commission has the right to uphold the decision of the qualification commission or cancel it and recognize the results of the qualification exam as satisfactory or oblige the qualification commission to re-take the qualification exam with a different composition of examiners or re-examine question about admission to the qualifying exam.
6. In the event of a violation by a patent attorney of the legislation of the Russian Federation, as a result of which the rights and (or) legitimate interests of the persons represented by him are violated, taking into account the consequences that have occurred, the appeal commission may make one of the following decisions:

1) issuing a warning to the patent attorney;
2) an appeal to the federal executive body for intellectual property with a recommendation to file a claim in court to apply penalties against the patent attorney provided for in Part 1 of Article 10 of this Federal Law.

7. The decision of the appeal commission can be challenged in court.

Article 10. Penalty measures applied to a patent attorney

1. The federal executive body for intellectual property has the right to file a claim in court to apply to a patent attorney such penalties as suspension of the patent attorney’s activities for a period of up to one year or exclusion of him from the Register for a period of up to three years with the possibility of subsequent reinstatement, provided re-certification or without certification.
2. If a patent attorney causes harm to persons whose rights and legitimate interests he represents, the patent attorney is liable in accordance with the legislation of the Russian Federation.

Article 11. Final provisions

1. This Federal Law comes into force ninety days after the day of its official publication.
2. The provisions of this Federal Law apply to patent attorneys registered in the Register on the date of entry into force of this Federal Law.

President of the Russian Federation D. Medvedev

Adopted by the State Duma on December 24, 2008
Approved by the Federation Council on December 29, 2008

Article 1. Subject of regulation
1. This Federal Law, in accordance with the Civil Code of the Russian Federation, regulates relations related to the activities of patent attorneys on the territory of the Russian Federation, determines the requirements for patent attorneys, establishes the procedure for their certification and registration, and also determines the rights, obligations and responsibilities of patent attorneys.
2. A patent attorney conducts business with the federal executive body for intellectual property on behalf of applicants, copyright holders and other interested citizens and legal entities permanently residing (for citizens) or having a location (for legal entities) in the Russian Federation and abroad , unless otherwise provided by an international treaty of the Russian Federation or the legislation of the Russian Federation.

Article 2. Requirements for a patent attorney
1. Patent attorneys are citizens who have received the status of a patent attorney in accordance with the procedure established by this Federal Law and who carry out activities related to the legal protection of the results of intellectual activity and means of individualization, the protection of intellectual rights, the acquisition of exclusive rights to the results of intellectual activity and means of individualization, and the disposal of such rights. (hereinafter referred to as the activities of a patent attorney).
2. A citizen of the Russian Federation who:
1) has reached the age of 18;
2) permanently resides on the territory of the Russian Federation;
3) has a higher education;
4) has at least four years of experience in the field of activity of a patent attorney in accordance with the specialization in relation to which the citizen expresses a desire to be certified and registered as a patent attorney.
3. The following cannot be certified as patent attorneys:
1) citizens recognized in the manner prescribed by the legislation of the Russian Federation as incompetent or partially capable;
2) citizens whose activities as patent attorneys have been suspended by a court decision for a certain period before its expiration and citizens who are excluded from the Register of Patent Attorneys of the Russian Federation (hereinafter referred to as the Register), in the manner prescribed by Article 10 of this Federal Law.
4. The following cannot be registered as patent attorneys:
1) civil servants, persons holding government positions in the Russian Federation, government positions in constituent entities of the Russian Federation, municipal positions, and municipal employees;
2) employees of organizations under the jurisdiction of the federal executive body for intellectual property;
3) citizens recognized in the manner prescribed by the legislation of the Russian Federation as incompetent or partially capable.

Article 3. Forms of activity of patent attorneys
1. A patent attorney has the right to carry out his professional activities independently, engaging in private practice, as well as on the basis of an employment contract between the patent attorney and the employer (legal entity).
2. The employer of a patent attorney who has concluded a civil contract with the applicant, copyright holder or other interested party, which includes conditions for the performance of work (provision of services) related to the activities of the patent attorney, is obliged to:
1) ensure proper execution by the patent attorney with whom he has an employment contract of the relevant assignment and, in case of improper execution, apply disciplinary measures to the patent attorney in accordance with labor legislation;
2) ensure the safety of documents received from the guarantor, customer, and other persons during the execution of a civil contract;
3) inform the guarantor, the customer about the impossibility of fulfilling their obligations under a civil contract due to the occurrence of circumstances that impede their fulfillment;
4) not to disclose confidential information received during the execution of a civil contract, except in cases provided for by the legislation of the Russian Federation.
3. The name “patent attorney” or a phrase including this name may only be used by patent attorneys, employers of patent attorneys, public associations and self-regulatory organizations of patent attorneys.

Article 4. Rights and obligations of a patent attorney
1. A patent attorney, within the scope of specialization specified in the Register, has the right to carry out the following types of activities of a patent attorney in the interests of an employer who has entered into an employment contract with him, or a person who has entered into a civil law agreement with him or his employer:
1) provide advice on issues of legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, disposal of such rights;
2) conduct patent research and analysis of the circumstances that determine the choice of the object of legal protection;
3) carry out registration and submission on behalf of the principal, customer, employer of applications and other documents required in accordance with the legislation of the Russian Federation and international treaties of the Russian Federation to obtain legal protection of the results of intellectual activity and means of individualization, including those created in the implementation of international scientific- technical cooperation. When filing applications for patents for secret inventions, the patent attorney must have appropriate access to information constituting a state secret;
4) interact on behalf of the principal, customer, employer with the federal executive body for intellectual property and the chamber for patent disputes formed under it, including correspondence, prepare and send objections to examination decisions, statements and other documents, take part in expert and other meetings and meetings;
5) conduct a legal examination of draft civil contracts on the basis of which the acquisition of exclusive rights to the results of intellectual activity and means of individualization and the disposal of such rights is carried out, as well as provide advice on issues related to the conclusion and execution of such contracts;
6) participate as an expert or representative on behalf of the principal, customer, employer in court in cases related to the legal protection of results of intellectual activity and means of individualization, protection of intellectual rights, acquisition of exclusive rights to results of intellectual activity and means of individualization, as well as with the disposal these rights;
7) carry out other activities of a patent attorney not prohibited by the legislation of the Russian Federation in the interests of the principal, customer, employer.
2. The authority of a patent attorney to conduct business with the federal executive body for intellectual property is certified by a power of attorney issued by the applicant, copyright holder, employer or other interested party and does not require notarization. To confirm, if necessary, the powers of a patent attorney, the federal executive body for intellectual property may request a power of attorney from the patent attorney and then return it. If the power of attorney is drawn up in a foreign language, its translation into Russian is submitted simultaneously with the power of attorney.
3. A patent attorney does not have the right to accept an order from a principal or customer if he:
1) previously took direct part in the consideration of the case that is the subject of the assignment and the adoption of a decision on it as an employee of the federal executive body for intellectual property or organizations under its jurisdiction;
2) represents or advises persons whose interests conflict with the interests of his principal, customer, provided that both parties have not given consent to this.
4. A patent attorney is obliged to refuse to carry out an assignment if, in the federal executive body for intellectual property and (or) organizations under its jurisdiction, the consideration of a case that is part of the assignment is carried out by an employee with whom or with whose immediate supervisor the patent attorney is related .
5. When receiving case materials that are part of an assignment from a principal or a customer, the patent attorney is obliged to confirm their receipt, and in the event of termination of his activities or at the request of the principal, customer or upon expiration of the contract or power of attorney, he is obliged to return the case materials that are part of the assignment , unless otherwise provided by the contract.
6. A patent attorney is obliged to ensure the safety of documents received and (or) compiled in the course of his activities. The patent attorney has no right to transfer or otherwise disclose the information contained in these documents without the written consent of the person whose interests he represents.

Article 5. Public associations and self-regulatory organizations of patent attorneys
1. Patent attorneys have the right to create, in accordance with the legislation of the Russian Federation, public associations of patent attorneys and (or) be their members (participants), as well as create self-regulatory organizations of patent attorneys.
2. The authorized body of a public association or self-regulatory organization of patent attorneys, within thirty days from the date of their creation, sends a notice of the creation of such a public association or such a self-regulatory organization and their personal composition, taking into account the provisions of Federal Law of July 27, 2006 N 152-FZ "On personal data" to the federal executive authority for intellectual property to enter the relevant information into the Register.

Article 6. Procedure for certification of candidates for patent attorneys
1. Certification of candidates for patent attorneys is carried out by the federal executive body for intellectual property, which creates a qualification commission headed by an official of the federal executive body for intellectual property. The procedure for the activities of the qualification commission is established by the federal executive body that carries out legal regulation in the field of intellectual property.
2. The qualification commission includes patent attorneys, whose candidacies are submitted by public associations and self-regulatory organizations of patent attorneys. Patent attorneys in the qualification commission must constitute one third of the total number of members of the qualification commission. Patent attorneys included in the qualification commission are subject to rotation once every three years.
3. Certification of candidates for patent attorneys is carried out at least twice a year.
4. Certification of candidates for patent attorneys includes:
1) verification of compliance with the requirements for a patent attorney in accordance with parts 2 and 3 of Article 2 of this Federal Law, with Part 13 of this Article, based on the results of which a decision is made on admission to the qualification exam or on refusal of such admission;
2) conducting a qualification examination, during which it is verified that the candidate for patent attorney has the necessary knowledge to carry out the activities of a patent attorney and the corresponding skills in their practical application;
3) making a decision on certification or refusal of certification based on the results of the qualification exam.
5. A citizen who has expressed a desire to obtain the status of a patent attorney applies to the federal executive body for intellectual property with an application for certification as a patent attorney in the form established by the federal executive body responsible for legal regulation in the field of intellectual property and submits copies a diploma of higher professional education, a work record book, an employment contract and (or) other documents confirming his compliance with the requirements provided for in paragraph 4 of part 2 of article 2 of this Federal Law.
6. Upon receipt of an application for certification as a patent attorney, the qualification commission checks the compliance of the citizen who has expressed a desire to obtain the status of a patent attorney with the requirements in accordance with paragraph 1 of part 4 of this article and makes a decision on admitting him to the qualification exam or refusing to admit him to the qualification exam if the citizen does not meet the requirements for patent attorneys established by this Federal Law or they are provided with inaccurate information. Citizens admitted to the qualification exam are informed about the time and place of its holding no later than a month before the day of the qualification exam.
7. The qualification exam is carried out on examination tasks approved by the qualification commission, in accordance with the specialization or specializations specified in the application for certification as a patent attorney, including:
1) inventions and utility models;
2) industrial designs;
3) trademarks and service marks;
4) names of places of origin of goods;
5) programs for electronic computers, databases, topology of integrated circuits.
8. A fee is charged for conducting the qualification exam, the amount and procedure for collection of which are established by the Government of the Russian Federation. Citizens admitted to the qualification exam in accordance with Part 6 of this article may proceed to take it subject to the presentation of a document confirming payment of the established fee.
9. Within one month from the date of completion of the qualification exam, the qualification commission makes a decision on certification or refusal of certification. The decision of the qualification commission on the results of certification comes into force from the date of its adoption.
10. The qualification commission does not have the right to refuse certification as a patent attorney to a citizen who has successfully passed the qualification exam, except in cases where, after passing the qualification exam, the circumstances provided for in parts 2 and 3 of Article 2 of this Federal Law are revealed and are an obstacle to certification.
11. In case of disagreement with the decision of the qualification commission to refuse admission to the qualification exam or to refuse certification, the citizen has the right to appeal the relevant decision to the appeal commission within three months from the date of its receipt.
12. Certification of patent attorneys who have expressed a desire to expand the scope of activity within the specializations provided for in Part 7 of this article is carried out in compliance with the requirements provided for by this Federal Law and in the manner established by it.
13. A citizen who is denied certification based on the results of a qualification exam in accordance with the specialization specified in the application for certification as a patent attorney is allowed to re-certify in this specialization no earlier than six months from the date the qualification commission made a decision to refuse certification .

Article 7. Procedure for registering a patent attorney in the Register
1. Registration of a citizen certified as a patent attorney in the Register is carried out by the federal executive body for intellectual property on the basis of the decision of the qualification commission on certification and the application of the patent attorney in the form established by the federal executive body carrying out legal regulation in the field of intellectual property , and in the absence of grounds for refusal of registration provided for in Part 4 of Article 2 of this Federal Law. Refusal to register a patent agent may be challenged in court.
2. An application for registration in the Register can be submitted by a citizen certified as a patent attorney to the federal executive body for intellectual property within a period not exceeding three months from the date the qualification commission made a decision on certification, attaching a document confirming payment of the state fee for the issuance of a certificate provided for by the legislation of the Russian Federation on taxes and fees. If the specified period is missed for a good reason, it can be restored by the federal executive body for intellectual property on the basis of an application from a citizen certified as a patent attorney.
3. From the date of registration of a citizen certified as a patent attorney in the Register, he acquires the status of a patent attorney.
4. The register contains the following information:
1) the registration number of the patent attorney, which is also the number of the certificate of registration of the patent attorney, and the date of registration of the patent attorney;
2) last name, first name, patronymic of the patent attorney;
3) number and date of the qualification commission’s decision on certification;
4) specialization of a patent attorney;
5) the name of the employer of the patent attorney or an indication of his professional activities independently;
6) address on the territory of the Russian Federation for correspondence, as well as e-mail address, contact telephone number, fax number, if any, languages in which correspondence is carried out;
7) penalties provided for in Articles 9 and 10 of this Federal Law and applied to the patent attorney;
8) names of public associations and self-regulatory organizations of patent attorneys, of which the patent attorney is a member (participant).
5. The procedure for maintaining the Register is established by the federal executive body that carries out legal regulation in the field of intellectual property. The patent attorney is obliged to send information about all changes to the information specified in Part 4 of this article to the federal executive body for intellectual property within thirty days from the date of occurrence of such changes for their inclusion in the Register. The Register also contains information about the exclusion of patent attorneys from the Register and the restoration of their registration. Any person has the right to receive an extract from the Register containing information published in accordance with Part 7 of this article by submitting an appropriate application to the federal executive body for intellectual property.
6. Within thirty days from the date of receipt of the application for registration of a patent attorney in the Register and a document confirming payment of the state fee, the federal executive body for intellectual property registers the patent attorney in the Register and issues him a patent attorney certificate. The form of the patent attorney certificate is established by the federal executive body that carries out legal regulation in the field of intellectual property. If the information entered into the patent attorney's certificate changes, as well as if he loses the patent attorney's certificate, the federal executive body for intellectual property, upon application of the patent attorney with the attachment of a document confirming payment of the state fee, issues him a new patent attorney's certificate.
7. The federal executive body for intellectual property publishes the information contained in the Register on its official website on the Internet and in the official publication.

Article 8. Procedure for excluding a patent attorney from the Register
1. The exclusion of a patent attorney from the Register is carried out by the federal executive body for intellectual property on the basis of:
1) statements from a patent attorney;
2) loss of citizenship of the Russian Federation;
3) leaving the territory of the Russian Federation for permanent residence;
4) identification of the circumstances provided for in Part 4 of Article 2 of this Federal Law;
5) death or declaration by the court of death or missing;
6) a court decision on exclusion from the Register in the manner established by Part 1 of Article 10 of this Federal Law.
2. If the circumstances provided for in paragraphs 2 - 5 of part 1 of this article and which served as grounds for excluding a patent attorney from the Register no longer exist, the federal executive body for intellectual property, at the request of a citizen, restores his registration in the Register without re-certifying the patent attorney . A decision to refuse to restore registration in the Register without re-certifying a patent attorney may be challenged in court.
3. Information on the exclusion of a patent attorney from the Register, as well as on the restoration of his registration in the Register, is published in the manner established by Part 7 of Article 7 of this Federal Law, indicating the grounds for making the corresponding decision.

Article 9. Control over the certification of candidates for patent attorneys, registration of patent attorneys and their activities
1. In order to monitor the certification of candidates for patent attorneys and the activities of patent attorneys, the federal executive body for intellectual property creates an appeal commission. The procedure for the activities of the appeal commission is established by the federal executive body that carries out legal regulation in the field of intellectual property.
2. The appeal commission, along with other persons, includes patent attorneys, whose candidacies are submitted by public associations and self-regulatory organizations of patent attorneys. Patent attorneys must constitute one third of the total number of members of the appeal committee. Patent attorneys serving on the appeal commission are subject to rotation once every three years.
3. The appeal commission considers:
1) complaints from citizens against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney;
2) complaints from patent attorneys who have expressed a desire to carry out other types of activities within the specializations provided for in Part 7 of Article 6, against the decision of the qualification commission to refuse admission to the qualification exam or certification as a patent attorney in the relevant specialization;
3) complaints of persons against the actions of patent attorneys representing their rights and legitimate interests, committed in violation of the legislation of the Russian Federation.
4. Persons who filed complaints against the actions of a patent attorney, and patent attorneys against whom such complaints were filed, have the right to personal participation in the consideration of the relevant complaints by the appeal commission. Complaints are subject to consideration by the appeal commission within thirty days from the date of their receipt.
5. Based on the results of consideration of the complaints provided for in paragraphs 1 and 2 of part 3 of this article, the appeal commission has the right to uphold the decision of the qualification commission or cancel it and recognize the results of the qualification exam as satisfactory or oblige the qualification commission to re-take the qualification exam with a different composition of examiners or re-examine question about admission to the qualifying exam.
6. In the event of a violation by a patent attorney of the legislation of the Russian Federation, as a result of which the rights and (or) legitimate interests of the persons represented by him are violated, taking into account the consequences that have occurred, the appeal commission may make one of the following decisions:
1) issuing a warning to the patent attorney;
2) an appeal to the federal executive body for intellectual property with a recommendation to file a claim in court to apply penalties against the patent attorney provided for in Part 1 of Article 10 of this Federal Law.
7. The decision of the appeal commission can be challenged in court.

Article 10. Penalty measures applied to a patent attorney
1. The federal executive body for intellectual property has the right to file a claim in court to apply to a patent attorney such penalties as suspension of the patent attorney’s activities for a period of up to one year or exclusion of him from the Register for a period of up to three years with the possibility of subsequent reinstatement, provided re-certification or without certification.
2. If a patent attorney causes harm to persons whose rights and legitimate interests he represents, the patent attorney is liable in accordance with the legislation of the Russian Federation.

Article 11. Final provisions
1. This Federal Law comes into force ninety days after the day of its official publication.
2. The provisions of this Federal Law apply to patent attorneys registered in the Register on the date of entry into force of this Federal Law.

President of the Russian Federation D. Medvedev

In the Russian Federation, since 1992, specialists in the field of intellectual property - patent attorneys - have been operating. Today, the Federal Law of December 24, 2008 No. 316-FZ “On Patent Attorneys” (hereinafter referred to as the Law) is in force; it is the main source of regulation. In the article we will analyze the features legal status these subjects, their rights, responsibilities, and also consider what requirements are imposed on candidates for patent attorneys in the Russian Federation.

Features of legal status

Article 1 of the Law establishes that the main activity of patent attorneys is interaction with Federal authority executive power for intellectual property (Rospatent) on behalf of persons (right holders, other interested individuals and legal entities). Moreover individuals can reside, and legal ones can be located not only in the Russian Federation, but also in another state.

Considering the powers of Rospatent (see article), we noticed that its competence includes issues related to industrial property, in particular, registration of objects. Therefore, patent attorneys also practice law industrial property(with the exception of computer programs, which are Civil Code may be registered). Although to say that these specialists cannot provide services in the field copyright, related rights it will also be wrong. It would be more correct to say that the status of patent attorneys gives them an exclusive opportunity to interact with Rospatent, and in addition to this, they can provide services on other intellectual property issues. For an example, see the patent attorney's website Irkutsk region: http://irtella.tw1.ru/. Here, as you can see, the specialist provides wide range services.

The law establishes that patent attorneys may engage in private practice or work under an employment contract. Both options are quite common. Thus, there are common cases when these specialists are attached to any organization with which they have entered into an employment contract (for example, a patent attorney for Rusnano).
At the same time, a person, having received the status of a patent attorney, can engage in entrepreneurial activity by opening an individual entrepreneur or creating entity. Moreover, only after passing the exam and having the appropriate status, this person can indicate the phrase “Patent Attorney” in the name.

The specificity of the current status of the profession of patent attorneys is that more than half of them work in Moscow, the rest in St. Petersburg and the regions, and in some regions of the Federation there is not a single such specialist. Total for this moment 1806 of them are registered. You can read more about this on the Rospatent website: http://www.rupto.ru/activities/pat_pov/sved-pat-pov.

Today there are also self-regulatory organizations of patent attorneys, although there are not many of them on the territory of the Russian Federation yet.

Powers

Now let's find out what specific actions patent attorneys can take as part of their activities. These are, in particular:

General advice on the protection of intellectual property, protection of intellectual rights, acquisition of exclusive rights to the results of intellectual activity and means of individualization. Moreover, the law does not specify which specific objects these actions relate to, therefore, consultations can be of a general nature.
Carrying out patent research. Here important role the qualification of the specialist, his knowledge in specific area. An experienced patent attorney should be able to, having studied the properties technical device, determine, for example, whether a formula can be patented as an invention or utility model.
Registration and submission on behalf of the applicant of applications for registration of objects, as well as other documentation related to the patenting of intellectual property objects.
Interaction with Rospatent on patenting issues, participation in expert meetings, submission of objections to examinations carried out by Rospatent employees.
Due diligence .
Participation as an expert in court on cases in the field of intellectual rights.
Exercise of other powers not prohibited by law in the interests of the applicant

Please note that to conduct business with Rospatent, the applicant issues a power of attorney to the patent attorney, which does not require certification by a notary. This important feature the legal status of these persons, since powers of attorney issued to ordinary intellectual property lawyers who do not have the status of a patent attorney need to be certified.

How to become a patent attorney in Russia?

The following requirements apply to candidates:

Attaining adulthood (18 years old);
Permanent residence in the Russian Federation;
Availability of higher education;
Four years of work experience in the field of intellectual property, within the framework of the specialization that the citizen decided to choose for himself.

Regarding the penultimate point, I would like to add the following. The law does not disclose what kind of education it is preferable to have, however, as practice shows, the majority of patent attorneys still have a technical education rather than legal education. This is due to the specifics of the activity: for example, if an attorney works with inventions, topologies of integrated circuits, then here, obviously, without special knowledge not enough. Although such knowledge is insignificant in matters of trademark registration, and a lawyer intellectual rights may well master this type of activity.

Candidate who meets specified requirements, is allowed to take the qualifying exam. There is a fee for admission to the exam. The exam itself includes questions of a theoretical and practical nature. If the candidate does not agree with the decision of the commission, it can be appealed.

An important point: each object of intellectual property has its own specifics and character traits, therefore, you can become a patent attorney not in relation to all groups of objects at once. The exam is taken in a specific specialization, taking into account which the questions submitted for the exam will be formed.

There are only five specializations:

Inventions and utility models;
Industrial designs;
Trademarks (service marks);
Names of places of origin of goods;
Computer programs, databases, topologies of integrated circuits.

But nothing prevents one patent attorney from having several specializations at once and providing services related to different objects intellectual rights.

Responsibility of a patent attorney

Separately, the Law discloses measures that Rospatent can take if the attorney does not properly fulfill your duties. Thus, Rospatent can file a lawsuit in court, where it has the right to state one of two demands:

Suspension of activities for a period of one to three years;
Exclusion from the register for up to three years with the possibility of restoration if the person will pass certification again, or without taking into account the last requirement.

In addition, patent attorneys are responsible separate responsibility if they caused harm to the persons to whom they provided services (see paragraph 2 of Article 10 of the Law).

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