Since July 18, a new procedure for registering computer programs at Rospatent. What changed?
On July 18, 2016, a new Administrative Regulation for the provision of the state service for the state registration of a computer program, as well as new Rules for the registration of programs and databases, entered into force. Thus, the 2008 Administrative Regulation is terminated. It is clear that if for some reason you register programs with Rospatent (why we should have registered them here before), then from July 18, you need to use a new application form.
Of greater interest is the analysis of the new Regulations in order to understand whether there is something substantially new in the registration of programs that improves or worsens the position of applicants.
Some changes are associated with the emergence of new channels of communication with Rospatent. For example, the Regulations have links to electronic filing of applications through the Rospatent website and the Government services portal (apparently, therefore, Rospatent limited the maximum waiting time in the queue for physical submission of documents to 15 minutes, paragraph 33 of the Regulations ).
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The deadline for state registration of a computer program or database and the issuance of a certificate is now sixty-two (62!) Working (!) Days from the date of receipt of the application (clause 13 of the Regulations ). Previously, a two-month period was envisaged for checking the availability of the necessary documents and materials in the application for registration and their compliance with the established requirements. What caused the increase in the simple registration procedure for the whole month? If you take the replacement of the terms literally, the public service is not automatically provided after the verification of documents.
Two months and so it looked too long, and now another month. Ok, maybe this month with the application will make some useful procedures? We look further ...
The provision of documents confirming the payment of state fees has long been not mandatory, and now it is enshrined in the Regulations. However, at the request of the applicant may attach such a document and an extract from the Incorporation (p.21-22 of the Regulations ). In general, the provision of such documents speeds up the registration process.
Earlier we wrote that the most valuable thing in the registration procedure is the deposit of a piece of code. Under the old regulations, the materials identifying the computer program were presented in the form of a printout of the source text (full or fragments) up to 70 pages (and not a page more). Only such a volume often caused confusion, since it is not always possible to establish the identity of the program in such a small piece in the event of a dispute.
The most valuable innovation, in our opinion, was the change in requirements for deposited materials. In accordance with the new Rules, the deposited materials identifying the computer program “are presented in the form of the source text (full or fragments) or another form inherent in the programming language in which the computer program submitted for registration is written in an amount sufficient to identify it” (paragraph 27 of the Rules ). That is, the length of the fragment is determined by the applicant, and if, in his opinion, the identification requires more than 70 pages, then Rospatent must accept it.
In addition to this, it is allowed to include in the composition of the deposited materials preparatory materials obtained during the development of a computer program, as well as the audiovisual displays generated by it in any visually perceptible form.
The 50 page database limit has also been lifted. The materials to be deposited that identify the database should additionally include “materials objectively confirming the quantitative content of the database, namely the presence in the database submitted for registration at least ten thousand independent information elements (materials) constituting the content of the database, and / or documents confirming the significant financial, material, organizational or other costs required to create a database. ”
As materials confirming the quantitative content of the database, screenshots of reports prepared by the DBMS can be presented, with an indication of the number of information elements identified and (or) in the form of numbering lists.
When submitting an application for registration on paper, the materials deposited, excluding the abstract, are submitted in electronic form on computer-readable media in PDF / A format. If the database submitted for registration contains audio-video materials, then examples of such materials are submitted in MP3, AVI, MPEG 2, JPEG formats (Section III of the Clearance Guidelines).
The requirements for the “machine-readable medium” are also spelled out: they must not allow the subsequent recording of information on it and must allow multiple readings of the information recorded on it; and must be signed (clause 15 of the Rules for drafting documents).
The list of what should be included in the abstract has been expanded:
• For a computer program, features such as the type of implementing computer or other computing device, the type and version of the operating system may be reflected.
• For a database, it is obligatory to indicate which collection of independent materials it contains.
• If a computer program or database contains personal data, this is indicated in the abstract.
• If a computer program or database is part of a composite work, the name of the composite work is given.
• The abstract should end with the indication:
- the programming language in which the computer program is written;
- control system registered database (DBMS);
- the volume of a computer program or database in machine-readable form in units of multiples of bytes.
And all this - no more than 900 characters. And in plain language without unscientific terms. Rules prescribe.
The most sensitive issue in the program registration procedure was the accuracy of the data. The example with Windows Vista is already annoying to everyone. But is it possible to repeat such a provocation with the new Regulations?
The item of the application, according to which it is necessary to “briefly describe the creative contribution of the author when creating a registered computer program or database,” unfortunately, did not receive an explanation. How to verify that the author has contributed something, and even more so, something creative is unknown. Rospatent itself will not conduct such a check. If the presence of this item is aimed at eliminating "false" authors, because applicants are ashamed to lie about the lack of creative input, then the moral dilemma is easily resolved: in the form of a petition to change the list of authors, there is no question of creative input. It turns out that the author can still indicate anyone, the main thing is to pay the fee.
The regulations provide for the possibility to apply for a change in the composition of the authors. Such an action is not related to making changes to the program or database itself. If the original application states that the creative contribution of the author was to write, conditionally, a specific 10 pages of code, it is unclear whether these pages should be excluded if this person is excluded from the list of authors, and the code is valuable even without its part.
Also in the application and abstract it is necessary to indicate whether the program or database contains personal data. Clause 15 of the Rules of Execution provides for the need to indicate the registration number of the applicant (right holder) in the Register of operators engaged in the processing of personal data.
In general, the regulation has not undergone radical changes. This is already good. As before, the point of registering a program is to deposit materials. Benefit zadoneponirovat program now you can better.
It is bad that, as before, Rospatent does not analyze and check the content of the application, in which the applicant is responsible for the information. Therefore, you can still follow Vista to register Pokemon Go.
Registration is still confirmation of the date the code was created, but not the rights to this code. For computer programs and databases for this procedure, you do not get an analogue of a patent, which involves examination and evaluation.
It is difficult to say whether it is good or bad, if Rospatent would take up the evaluation of programs in essence, it is not yet known what would come of it. In any case, more convenient ways of filing applications are fixed, the size of the code that can be registered has increased, the document formats have expanded, only the registration deadlines have increased (it is hoped that due to a more thorough check).
Of greater interest is the analysis of the new Regulations in order to understand whether there is something substantially new in the registration of programs that improves or worsens the position of applicants.
Application Form
Some changes are associated with the emergence of new channels of communication with Rospatent. For example, the Regulations have links to electronic filing of applications through the Rospatent website and the Government services portal (apparently, therefore, Rospatent limited the maximum waiting time in the queue for physical submission of documents to 15 minutes, paragraph 33 of the Regulations ).
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Registration term
The deadline for state registration of a computer program or database and the issuance of a certificate is now sixty-two (62!) Working (!) Days from the date of receipt of the application (clause 13 of the Regulations ). Previously, a two-month period was envisaged for checking the availability of the necessary documents and materials in the application for registration and their compliance with the established requirements. What caused the increase in the simple registration procedure for the whole month? If you take the replacement of the terms literally, the public service is not automatically provided after the verification of documents.
Two months and so it looked too long, and now another month. Ok, maybe this month with the application will make some useful procedures? We look further ...
Additional documents to the application
The provision of documents confirming the payment of state fees has long been not mandatory, and now it is enshrined in the Regulations. However, at the request of the applicant may attach such a document and an extract from the Incorporation (p.21-22 of the Regulations ). In general, the provision of such documents speeds up the registration process.
Depositing the program code (the most valuable innovation)
Earlier we wrote that the most valuable thing in the registration procedure is the deposit of a piece of code. Under the old regulations, the materials identifying the computer program were presented in the form of a printout of the source text (full or fragments) up to 70 pages (and not a page more). Only such a volume often caused confusion, since it is not always possible to establish the identity of the program in such a small piece in the event of a dispute.
The most valuable innovation, in our opinion, was the change in requirements for deposited materials. In accordance with the new Rules, the deposited materials identifying the computer program “are presented in the form of the source text (full or fragments) or another form inherent in the programming language in which the computer program submitted for registration is written in an amount sufficient to identify it” (paragraph 27 of the Rules ). That is, the length of the fragment is determined by the applicant, and if, in his opinion, the identification requires more than 70 pages, then Rospatent must accept it.
In addition to this, it is allowed to include in the composition of the deposited materials preparatory materials obtained during the development of a computer program, as well as the audiovisual displays generated by it in any visually perceptible form.
Database escrow
The 50 page database limit has also been lifted. The materials to be deposited that identify the database should additionally include “materials objectively confirming the quantitative content of the database, namely the presence in the database submitted for registration at least ten thousand independent information elements (materials) constituting the content of the database, and / or documents confirming the significant financial, material, organizational or other costs required to create a database. ”
As materials confirming the quantitative content of the database, screenshots of reports prepared by the DBMS can be presented, with an indication of the number of information elements identified and (or) in the form of numbering lists.
When submitting an application for registration on paper, the materials deposited, excluding the abstract, are submitted in electronic form on computer-readable media in PDF / A format. If the database submitted for registration contains audio-video materials, then examples of such materials are submitted in MP3, AVI, MPEG 2, JPEG formats (Section III of the Clearance Guidelines).
The requirements for the “machine-readable medium” are also spelled out: they must not allow the subsequent recording of information on it and must allow multiple readings of the information recorded on it; and must be signed (clause 15 of the Rules for drafting documents).
Requirements for the abstract
The list of what should be included in the abstract has been expanded:
• For a computer program, features such as the type of implementing computer or other computing device, the type and version of the operating system may be reflected.
• For a database, it is obligatory to indicate which collection of independent materials it contains.
• If a computer program or database contains personal data, this is indicated in the abstract.
• If a computer program or database is part of a composite work, the name of the composite work is given.
• The abstract should end with the indication:
- the programming language in which the computer program is written;
- control system registered database (DBMS);
- the volume of a computer program or database in machine-readable form in units of multiples of bytes.
And all this - no more than 900 characters. And in plain language without unscientific terms. Rules prescribe.
Confirmation of authorship and rights
The most sensitive issue in the program registration procedure was the accuracy of the data. The example with Windows Vista is already annoying to everyone. But is it possible to repeat such a provocation with the new Regulations?
The item of the application, according to which it is necessary to “briefly describe the creative contribution of the author when creating a registered computer program or database,” unfortunately, did not receive an explanation. How to verify that the author has contributed something, and even more so, something creative is unknown. Rospatent itself will not conduct such a check. If the presence of this item is aimed at eliminating "false" authors, because applicants are ashamed to lie about the lack of creative input, then the moral dilemma is easily resolved: in the form of a petition to change the list of authors, there is no question of creative input. It turns out that the author can still indicate anyone, the main thing is to pay the fee.
Authors can be changed after registration
The regulations provide for the possibility to apply for a change in the composition of the authors. Such an action is not related to making changes to the program or database itself. If the original application states that the creative contribution of the author was to write, conditionally, a specific 10 pages of code, it is unclear whether these pages should be excluded if this person is excluded from the list of authors, and the code is valuable even without its part.
Personal Information
Also in the application and abstract it is necessary to indicate whether the program or database contains personal data. Clause 15 of the Rules of Execution provides for the need to indicate the registration number of the applicant (right holder) in the Register of operators engaged in the processing of personal data.
Conclusion
In general, the regulation has not undergone radical changes. This is already good. As before, the point of registering a program is to deposit materials. Benefit zadoneponirovat program now you can better.
It is bad that, as before, Rospatent does not analyze and check the content of the application, in which the applicant is responsible for the information. Therefore, you can still follow Vista to register Pokemon Go.
Registration is still confirmation of the date the code was created, but not the rights to this code. For computer programs and databases for this procedure, you do not get an analogue of a patent, which involves examination and evaluation.
It is difficult to say whether it is good or bad, if Rospatent would take up the evaluation of programs in essence, it is not yet known what would come of it. In any case, more convenient ways of filing applications are fixed, the size of the code that can be registered has increased, the document formats have expanded, only the registration deadlines have increased (it is hoped that due to a more thorough check).
Source: https://habr.com/ru/post/305854/
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