20 JUL 2016

New procedure of computer software and databases registration in Russia was launched

On July 12, 2016 the Rules of Drafting the Application for State Registration of the computer software and databases and the Administrative Regulations as to Rendering the Services for the State Registration of the Computer Software and Databases by the Federal Service for Intellectual Property of the Russian Federation and Issuance the Registration Certificates and Duplicates on the Computer Software and Databases were published. According to the aforesaid laws, from July 18, 2016, new registration procedure now is functioning.

Let's go through all pros and cons of new procedure of registration. So, step by step.

Filing the application with the Federal Service for Intellectual Property ('Rospatent')
Having analyzed the legal documents adopted, we may conclude that the Russian Patent Office keeps up with the times, what cannot but rejoice. One of the huge pros of the updated procedure is a new way of filing the application for registration, namely by using the official web-site of 'Rospatent'. Such opportunity saves time and efforts during application filing.

The term of registration
The Administrative Regulations provide 62 business days for computer software and database registration. For comparison, previously such registration had to be carried out within 2 months, what is deemed as too long term for such procedure. We may only guess what are the main reasons of such extension of terms. Hopefully, this will lead to more careful and high-quality examination of the application and documents filed.

Drawing-up of...

...a source code of the computer software

The main purpose of the deposit of the source code is further ability to identify the computer software registered. Under previous rules the maximum number of pages with source code, which applicant was able to deposit were no more that 70 pages. However, even person without any special expert knowledge in this sphere may draw a conclusion that 70 pages is not enough to identify some types of the computer programs. Nevertheless, new Rules of Drafting the Application resolves such problem. Updated registration procedure does not provide any limitations as to number of pages with source code. Therefore, each applicant may specify the necessary number of pages by his own decision;

...a database identifying materials
New Rules of Drafting the Application do not provide any limitations as to number of pages with database identifying materials as well, instead of the requirements existed previously (namely, there was a limitation as to the total number of pages up to 50).

There are also some insignificant changes connected with requirements to brief report of subjects matter mentioned above, confirmation of authorship, consent to personal data processing if it exists in the applications or other documents filed. Anyway, having analyzed the aforesaid changes, we consider that most of them will have a positive influence on further computer software and database registrations. Except extension of registration term, of course. Nobody likes to be in for a long time.

Oksana Padokh, IPStyle International Department Lawyer