Is there a need to obtain a paper certificate in addition to the electronic form of the patent?
According to Art. 1393 of the Civil Code of the Russian Federation, state registration of an invention, utility model or industrial design is accompanied by the grant of a patent. Only one patent for the corresponding object of intellectual property is issued, regardless of the number of patent holders.
On January 17, 2021, the provisions of the Civil Code of the Russian Federation came into force, according to which titles of protection are issued in the form of an electronic document and, at the request of the applicant, on paper. Accordingly, for applications filed before January 17, 2021, along with a patent or certificate in the form of an electronic document, a patent or certificate on paper will be issued. For applications filed from January 17, 2021, the issuance of patents and certificates on paper will be carried out only at the request of the applicant, which must be sent to the Office in any form.
According to the Regulations on fees for registration, publication and issuance of a patent in the form of an electronic title of protection, as of the end of 2022, the amount of state fees is 2,100 rubles. The amount of state fees for the issuance of a title of protection on paper at the request of the right holder until the state registration of the object is 1,400 rubles. In the event of filing an application for the issuance of a title of protection on paper after registration, the amount of fees will be 2,000 rubles.
These amendments to the Civil Code of the Russian Federation and the relevant regulatory legal acts were submitted by Rospatent in order to implement the Digital Economy program, namely, to transfer all patents for inventions, utility models, industrial designs and certificates of registration of topologies of integrated circuits, computer programs, databases data, trademarks and appellations of origin of goods, and, as a result, related to the filing of applications and the issuance of patents and certificates of processes in a fully electronic form. And this is obviously the easiest and most understandable way to digitalization, development and bringing to a new modern level of the system of interaction between the federal executive body and applicants.
In connection with the choice that has arisen, patent attorneys often receive a question from applicants, is there now a need to obtain a paper certificate?
In fact , with the advent of the electronic format of a patent, confirmation of the existence of an exclusive right to a particular intellectual property object in the form of a paper certificate by the patent holder is no longer required. To view or download an electronic patent or certificate , you just need to follow the link that is indicated in the decision to grant a patent or notice of state registration. Thus, the presentation of confirmation of the existence of an exclusive right to a particular object of intellectual property will not be difficult.
A paper certificate can be useful in the following cases:
- for Russian companies when submitting a package of documents to the Ministry of Digital Development in order to confirm exclusive rights and include a computer program in the register of domestic software by attaching a computer certificate to the materials;
- for the purpose of presenting to an interested investor at a personal meeting to certify the exclusive right and authorship of the developer to an innovative solution. The presence of a patent for an invention, utility model or industrial design proves that a unique development or original design has been entered into the state register, they are protected and for their illegal use the offender will be compensated in court;
- for marketing purposes, attracting attention and giving additional significance to the development proposed for commercialization (on the website, in advertising, on product packaging, in a startup presentation);
- for presentation upon request.
In addition, it should be noted that, compared to the old format, patents and certificates in electronic and paper form do not have attachments and inserts. In this case, the applicant is provided with an extract from the relevant state register, containing both information that was previously indicated in the annexes and inserts, and other information that was entered in the state register.
The composition of the information contained in the patent and certificate on paper is identical to the composition of the information contained in the corresponding electronic document.
Thus, the applicant must independently decide whether he needs a paper certificate in addition to the electronic patent, based on the goals and objectives that he sets for himself on the way to the implementation of the developed intellectual property object.
Patent Attorney / Chemical Specialist