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Author
Olga Plyasunova

Trademark attorney

03 December 2020

Design Patent: Possible Modifications

When the result of the examination of the claimed intellectual property is positive, Rospatent experts endorse the registration of the design invention. Information about the owner and the design are recorded onto the State Register of Design Inventions of the Russian Federation (hereinafter the State Register) and the applicant is granted a patent certifying the legality of his powers. Thus, if the owner of an existing document of title wants to make any modifications, such modifications have to be recorded in both the patent and the State Register.

In accordance with paragraph 4 of Art. 1393 of the Civil Code, it is allowed to make the following types of modification:

  • Information about the holder and / or author: change of name, location or residence, address for correspondence;
  • Corrections of obvious and technical errors.

It should be noted that the list of cases described by the rule of law is open, and thus allowed other modifications within the types above.

To make modifications, the right holder should apply to the patent office and submit a modification in typewritten form in Russian.

The following data shall be specified:

  • When the applicant is a natural person: full name, place of residence, address for correspondence, phone number, fax, e-mail;
  • When the patent holder is a legal entity: full name, location, official name of the state of the patent hoder, mailing address for correspondence on the territory of the Russian Federation, phone number, fax, e-mail and company details: Main State Registration Number, Primary State Registration Number of the Individual Entrepreneur, TIN taxpayer reg. No. / RRC registration reason code and Individual Insurance Account Number;
  • The number of the patent in the State Register;
  • Type of changes according to the list below:
  • Name of the IPR Holder;
  • Name, Surname and Patronymic of the author;
  • Address of the location, place of residence of the rights holder or the author;
  • Address for correspondence;
  • Correction of an obvious, technical error;
  • Change in the composition of authors or rights holders.
  • Also, when necessary, indicate a representative (patent attorney).

The applicant shall sign each page of the application. Legal entities stamp each page of application.

If a representative submits an application, a document confirming authority has to be attached. Also, together with the application, the consent to the processing of personal data in the form established by Rospatent shall be submitted.

In order to check the received information and make corrections, the applicant must pay fees for the following:

  • Consideration of the owner's application for amendments to the State Register and taking a decision on the results of its consideration: 2,000 rubles for each modification to a patent;
  • Consideration of the application of the right holder on introducing amendments to the design patent and taking decision on the results of its consideration: 2,000 rubles.

Filing of documents with Rospatent is possible in electronic form, by mail or directly with the patent office. Upon receipt of the application, specialists check the documents on their completeness and correctness of submitted information. The application shall be assigned a registration number and a date of receipt shall be recorded. Then the application shall be considered by Rospatent experts and as a result, the information shall be corrected or the applicant shall be refused to make corrections. In the latter case, the Applicant is sent a justified refusal.

The procedure for making amendments includes two stages: correction of information in the State Register (within three work days from the date of the decision); and correction of information in the patent (within two work days from the date of making amendments to the State Register). At the end, the applicant is sent a notice of satisfaction of the application and a document on making amendments.

The results of the administrative procedure are reflected in the following documents:

  • State Register;
  • Document on changes;
  • In the notification of the applicant about the satisfaction of the application.

In accordance with paragraph 5 of Article 1393 of the Civil Code of the Russian Federation, Rospatent publishes information on amendments to the State Register in the official bulletin. Thus, any interested person gets an access to up-to-date information on the patent and design of interest to him.

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