On April 1, 2009 the Federal Law “On patent attorneys” will enter into force, that conforming to the Civil Code of the Russian Federation regulates the relations, connected with the patent attorneys’ activity on the territory of the Russian Federation, defines
their rights and obligations, establishes the registration and certification procedure and also determines the liability of patent attorneys.
According to the Law the patent attorney has the right to exercises the following activities (on behalf of the client or employer):
1) advises on legal protection of the IP rights;
2) conducts the patent research and analysis of the circumstances of patent protection object selection;
3) prepares and files applications, suits and other documents and conducts prosecution thereof;
4) represents the client or employer in the Federal Executive Authority on Intellectual Property of the Russian Federation (Rospatent) including the established as its part the Chamber for Patent Disputes;
5) conducts the legal analysis of the agreements drafts that establish the transfer of the exclusive IP rights;
6) acts as an expert or representative in court hearings on disputes connected with the legal protection of the IP rights;
7) conducts other activities not prohibited by the legislation of the Russian Federation.
In respect to the current law the persons that received a status of the patent attorney according to the procedure established by the current Federal Law and conducting the activity connected with the legal protection of the results of intellectual property and individualization means, protection of intellectual rights and obtaining the exclusive rights on the results of intellectual property and individualization means are considered to be patent attorneys.
The following citizens of the Russian Federation can be certified and registered as the patent attorneys:
1) not less than 18 years old;
2) a resident of the Russian Federation;
3) obtained higher education;
4) has not less than 4 years of working experience in the field of patent attorney’s activity with respect to the specialization in which he wants to be certified and registered as a patent attorney;
5) passed the Exam of the Qualification Board of the Russian Patent and Trademark Office.
The patent attorney is liable under said law in case the damage is caused to the client by the patent attorney.
In liability of patent attorney in said law is specified as follows: the client or employer of patent attorney can make a submission to the Appeal Commission of the Russian Patent and Trademark Office. The Appeal Commission upon the hearings can proclaim one of the following decisions:
1) to make an official warning to patent attorney;
2) to ask the Federal Executive Authority on Intellectual Property of the Russian Federation to file a suit to the Court of Law in order to suspend the patent attorney status for 1 year or to exclude him from the Register up to 3 years term with the possibility of further reinstatement after the new Examination.