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Electronic interaction with Rospatent: new opportunities

Oct. 10, 2018

It so happened that technical innovations at our place are not implemented so quickly and painlessly, as
every interested party would like. Thus, patent offices abroad have already been interacting with
applicants for a very long time using the World Wide Web.
Upon the expiration of the first decade of the new century, the domestic FIIP (the Federal Institute of
Industrial Property – the body. which carries out the state registration of intellectual property subject-
matters), which have admitted only a fax machine as a customer focus electronic means until nowadays,
followed by a “paper” confirmation, started to implement, slowly but surely, the long-pending aspects in
the social and economic fields.
In 2010, the system of electronic filing of applications for the registration of trademarks and carrying
out the correspondence related to it with an authorized body started to work. The interaction with the
applicant through the Network is carried out from the moment of filing the application and up to the
settlement of the substantive issue (a decision on the registration, a decision on the refusal of the
registration, or a decision on the withdrawal of the application).
As in any aspect of the human activity, in the system described there are clear advantages and
disadvantages, which can rather be called the developers’ shortcomings.
Let us touch them briefly. I would like to start with the advantages, as they are greater in number and
they are much more significant.
So, in our opinion, the discount on the state fees in the amount of a significant 30 percent is the most
important advantage among them, what is a pleasant surprise in the context of the recent years financial
policy of the state bodies with respect to the business community. There are reasonable grounds to believe
that in this way the registering body stimulates the most rapid electronization of the relations: an applicant
– the FIIP. Undoubtedly, a positive product of the electronic interaction with the FIIP is the time
reduction, the so called formal examination of the application, what, taking into account the significant
terms allowed by the legislator for the overall process, has, if not decisive, but a significant importance in
choosing a method for filing the documents.
Electronization, in turn, has opened up much convenience for the companies involved in the trademark
registration. This may include, for example, the possibility of the day and night filing the documents to
the FIIP during 7 days a week and a super-fast receipt of the correspondence, in comparison with a
“conventional” method, what, undoubtedly, helps to observe the period for the filing the documents and
filling in the applications more accurately.
Who among the office employees has not complained about a large amount of documentation stored
on his workplace, and who has not suffered from confusing and loosing it. With an electronic document
flow, these “joys” are the things of the past. This is actual at least for the registration of trademarks. All
documents are now stored in a digital format, in one place. The previous convenience has resulted in such
a small, but nevertheless a joyful thing – saving paper, what in economic stagnation conditions, is perhaps
a greater piece of luck for the patent bureaus, than a 30 percent discount on the state fee for their clients.
The conveniences have not bypassed the FIIP’s employees. When considering an application, for
example, the examiner does not need to check, whether the applicant has used the ICGS current edition,
when filling in the application, or he has confined himself to the old one by a mistake. The programme
uses only current regulatory documents. Naturally, in a positive aspect such convenience also refers to the
employees of the patent firms.
Turning to the disadvantages or, as we have called them above, the developer’s shortcomings, which,
as must be admitted, are smoothed over in course of time, we can recall such a strange feature of the
programme, as a request for filling in the field for a Tax Registration Reason Code (KPP), in the cases,
when the applicant is an individual entrepreneur, who does not have such a code. Of course, it is not
difficult to add zeros required by the programme, but, in general, this indicates a “raw” software product.
Unfortunately, there are also frequent cases of difficulties with logging in the resource after the
computer’s self-updating, what is already a more serious disadvantage, which, along with the failures on
the FIIP’s server, can cause the delay in filing the documents with all the consequences. The latter ones
(failures), much to everyone's delight, are rare and short.
Another “curable” but an unpleasant trouble of the FIIP’s software product may include the restrictions
on the formats and volumes of the package of the documents being filed.
This should also include the programme’s failure to detect the name (heading) of the ICGS class, if it
is necessary to insert it into the application. In case of such a need, in contravention of the common sense,
the entire class list should be placed in the application. The lack of automatic filling in and the ability of
copying the applications, does not contribute to a convenient work, that is, each of the applications should

be filled in separately, what certainly creates unnecessary difficulties in the work and has an indirect
negative impact on the quality of the services.
The necessity for obtaining an enhanced electronic digital signature (EDS) doesn’t seem to be
somewhat a frightening thing against the background of the above said and, for example, the offset by the
programme of the paid, but not confirmed state fee is absolutely comical.
Summing up, it should be noted that it is rather difficult to classify the above said advantages and
disadvantages in terms of their relevance and a degree of the advantageousness or inconvenience with
respect to the registering body, customers or patent bureaus exclusively. Since the registration of a
trademark is a multi-component process with a complex structure of the participants and a need for their
clear interaction, both advantages and disadvantages are common and interrelated.
In general, currently it is possible to see a tendency to the improvement of the quality of the electronic
interaction with Rospatent, which, we are sure, will only gather speed.

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Author of article

Sergey Zuykov

Sergey Zuykov

Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney