An article by Sojuzpatent’s Senior lawyer Victoria Nikitina entitled «Organizational Structure and Examination System of Rospatent» was published by the Japanese National Center for Industrial Property Information and Training (INPIT) in the framework of a joint strategic project with the Japan Patent Office (JPO) "Data Bank for Intellectual Property Information from Emerging Nations" (GLOBAL IPDB).
The GLOBAL IPDB aims to compile and provide information about various intellectual property systems of East Asian, East European, Latin American, African, ASEAN and BRICs countries. The information in GLOBAL IPDB includes basic system on IP protection, how to access information of statistics, measures against counterfeits, litigation and license related information. The goal is to provide helpful information for Japanese enterprises (especially small and medium enterprises) when they try to enter a market in the subject countries.
Organizational Structure and Examination System of Rospatent
Sojuzpatent Mrs. Victoria Nikitina
(Russian patent bureau) (Senior Lawyer,
Russian Trademark Attorney)
Sojuzpatent is the oldest IP law firm on the territory of the former USSR. Currently the personnel
of Sojuzpatent consists of 170 qualified specialists, including more than 50 registered Russian
and Eurasian patent attorneys and litigation lawyers. Victoria Nikitina has graduated from Moscow
State Academy of Law and works with Sojuzpatent since 2010. She is experienced in the field of
intellectual property protection, including representation of the interests of the clients in courts
and administrative bodies in patent, design and trademark infringement cases, trademark nonuse
cancellation cases and unfair competition cases.
CREATION OF FEDERAL SERVICE FOR INTELLECTUAL PROPERTY (ROSPATENT)
The status, jurisdiction and scope of activities of Rospatent are regulated by the Regulations on
Federal Service for Intellectual Property affirmed by Ruling of the Government of the Russian
Federation No. 218 of March 21, 2012 (hereinafter – Regulations).
Rospatent is a Federal executive body performing functions of control and supervision in the area
of the legal protection of the rights for intellectual property, including patents and trademarks. It
reports to the Ministry of Economic Development of the Russian Federation (point 2 of part I of
The Head of the Federal Service for Intellectual Property is appointed and dismissed by the
Government of the Russian Federation on the suggestion of the Minister of Economic
Development of the Russian Federation.
The main functions of Rospatent are:
Below is the list of the main functions of Rospatent in various fields.
1. Rospatent prepares and submits to the Ministry of Economic Development of the Russian
Federation drafts of federal laws and other documents for which a decision of the Government of
the Russian Federation is required regarding the issues related to the intellectual property.
2. Rospatent carries out:
3. Rospatent maintains:
4. Rospatent publishes information:
- about filed patent, trademark, service mark, appellations of origin applications, about
state registration of IP rights and about issued patents and certificates;
- about the validity, extension, termination and renewal of patents, industrial designs,
trademarks, service marks, appellations of origin;
- about state registration of assignment, mortgage of IP rights, licensing IP rights on the
bases of a contract, as well as the transfer of IP rights without a contract, transactions on the use
of sole technology outside the Russian Federation.
5. Rospatent interacts with state authorities of foreign states and international organizations
regarding the issues related to the intellectual property.
Cooperation with the World Intellectual Property Organization (WIPO) is one of the priority areas
of Rospatent’s international activities. To date, the Russian Federation is a party to the following
international agreements in the field of intellectual property administered by WIPO:
6. Rospatent operates as the International Searching Authority (ISA) and International Preliminary
Examining Authority (IPEA) according to PCT. This work is carried out under the Agreement
between Rospatent and International Bureau of the World Intellectual Property Organization
(WIPO’s IB) effective since January 1, 2008. Under the provisions thereof Rospatent performs
the international-type search and international preliminary examination of applications in Russian
and in English languages.
7. Rospatent acts as the searching authority for the Turkish Patent Institute (TPI).
8. Rospatent operates as a receiving office of PCT applications. Rospatent accepts PCT
applications from the Russian Federation nationals or residents in conformity with Article 10 of
the PCT and Rule 19 of the PCT Regulations.
Rospatent operates as a receiving office for Russian applicants filing Eurasian applications (the
Eurasian Patent Convention, Article 15 (1) (ii)).
9. Rospatent exercises other powers in the field of intellectual property, if such powers are
provided for by federal laws, normative legal acts of the President of the Russian Federation and
the Government of the Russian Federation (Part II of the Regulations).
SUBORDINATE INSTITUTIONS OF ROSPATENT
Rospatent carries out its activities directly and through its subordinate federal state institutions.
There are three subordinate institutions of Rospatent, namely:
(i) Federal State Budgetary Institution “Federal Institute of Industrial Property”;
(ii) Federal State Budgetary Institution "Federal Agency for the Legal Protection of the
Results of Intellectual Activities of Military, Special and Dual Function"
(iii) Federal State Budget Educational Institution of Higher Education "Russian State
Academy of Intellectual Property"
ROSPATENT ACTIVITIES AS EXAMINING BODY
The examining body within Rospatent is the Federal Institute of Industrial Property. Its activities
THE STRUCTURE OF THE EXAMINING BODY OF ROSPATENT
The structure of the Federal State Budgetary Institution “Federal Institute of Industrial Property”
includes such departments as:
1. Department of chemistry, biotechnology and medicine, which comprises the following
- section of metallurgical industry and machine building;
- section of organic compounds;
- section of inorganic and polymeric compounds;
- section of biochemistry;
- section of food industry and agriculture;
- section of medicine and medical technology;
- pharmaceutical section.
2. Department of physics and applied mechanics which includes the following sections:
- section of mining and construction;
- section of energy;
- section of electrical engineering and communications;
- section of computer technology;
- section of transport;
- section of textile and light industry;
- section of measuring technology.
3. Department of trademarks and industrial designs which includes the following sections:
- section of processing of trademark applications;
- section of registration of means of individualization;
- section of industrial designs;
- section of examination of trademark applications;
- section of formal examination of trademark applications and examination of
appellations of origin applications;
- section of development of trademark examination search tools.
4. Department All-Russian patent-technical library;
5. Department Chamber for Patent Disputes.
STATISTIC DATA OF ROSPATENT
Information about the quantity of patents granted and applications filed in 2016 may be found in
the English version of the Annual Report of Rospatent for 2016.
On January 01, 2017 Rospatent’s staff consisted of 86 employees, the staff of the Federal State
Budgetary Institution “Federal Institute of Industrial Property” consisted of 2091 employees.
Information about Rospatent's staff is available in the English version of the Annual Report of
Rospatent for 2016.
PATENT EXAMINATION IN ROSPATENT
Patent application is examined by one examiner. Prior art search may be carried out at a petition
of the applicant. The examiner carries out prior art search by him/herself. The examiner in charge
may issue office action by him/herself. The work of the examiner is supervised by his or her
At the request of the examiner or at the petition of the applicant the examination meeting may be
held during patent application examination. The examination meeting at the petition of the
applicant is held only in case the expert considers expedient holding such examination meeting.
The examiner’s supervisor and the examiner are always present at the examination meeting. The
applicant (or applicant’s representative) may take part in the examination meeting. It is not
possible to discuss any issue on the merits of the application with the examiner by phone, but it
is possible to discuss them during the examination meeting. Only formal issues may be discussed
with the examiner by phone.
The examiner prepares and signs conclusion on the results of the examination. The said
conclusion is attached to the decision on patent grant, decision on rejection, decision on
withdrawal of the patent application. The said decisions are approved and signed by an authorized
Rospatent’s employee. The said decisions may be appealed with the Chamber for Patent
English short version of Rospatent’s website is available at:
Full Russian version of Rospatent’s website is available at:
English short version of the website of the Federal State Budgetary Institution “Federal Institute
of Industrial Property” is available at:
Full Russian version of the website of the Federal State Budgetary Institution “Federal Institute of
Industrial Property” is available at: