The parliament of Russia adopted in the first reading a draft law initiated by the government, which improves the procedure for conducting information retrieval and examination of applications for a patent for an invention or utility model.
Nowadays, a preliminary information search and patentability assessment of the claimed technical solution is carried out by the Federal Institute of Industrial Property of Rospatent.
The government proposes to transfer these functions to accredited Russian scientific and educational organizations with competencies in specific areas of knowledge.
The cost of the preliminary information search and patentability assessment will be determined by scientific and educational institutions, based on the complexity, scope, and duration of each information search in the agreements concluded between the applicant and the organizations.
Such a service will be voluntary.
At the same time, the information search procedure used today will be preserved and will be carried out by Rospatent considering the results of the preliminary procedures.
However, the terms of consideration and the amount of fees charged for substantive examination of applications for which a preliminary information search and patentability assessment were conducted will be reduced.
The government believes that the new rules will make it possible to reduce the amount of preparatory work of Rospatent experts and a better understanding of the essence of the claimed invention, as well as improve the quality of the patent by involving industry specialists to determine the level of technology and assess the patentability of a technical solution before conducting substantive examination of the application.