Patenting expertise holding mechanism

1. The patenting expertise may be ordered by:

  •  authors (co-authors) of results of the creative activity;
  •  other official holders of copyright for the results of creative activity;
  •  holders of neighbouring rights for the results of creative activity;
  •  buyers of copyright of neighbouring rights for the results of creative activity (consent of the rightholder is necessary);
  •  authorized consumers (users) of the results of creative activity (consent of the rightholder is necessary);
  •  alternative holders of the author’s priority for the result of creative activity (if claims are reasonable) or its analogues;
  •  persons carrying out the industrial or other practical implementation of results of creative activity on proper legal basis.


2. Persons paying for the patenting expertise:

  •  customer of examination;
  •  jointly: the customer of examination and other interested persons – in the coordinated proportions.


3. Mechanism of payment for the patenting expertise:

  •  categories of expertise 1-2 – 100% advance payment;
  •  categories of expertise 3-4 – 75% advance payment;
  •  categories of expertise 5-7 – 50% advance payment;


4. Advance payments for the patenting expertise are made:

  •  categories of expertise 1-2 – at least 7 days before the beginning of expertise;
  •  categories of expertise 3-4 - at least 10 days before the beginning of expertise;
  •  categories of expertise 5-6 - at least 15 days before the beginning of expertise;
  •  categories of expertise 7 - at least 21 days before the beginning of expertise;

In case of payment on terms of partial advance payment, the second part of the necessary amount is paid within 3 days from the moment of the finishing the expertise – before the announcement of results and delivery of certification documents.


5. Ways of payment:

  •  non-cash payment to the bank account of IUCI or the specified partner of IUCI by the invoice from a credit card of the payer – through the IUCI website;
  •  non-cash payment to the bank account of IUCI or the specified partner of IUCI by the invoice – through banking institution;
  •  cash payment on the invoice – through cash desks of regional representatives (offices) of IUCI or its official partners.


6. Paperwork:

a) contracts are prepared:

  • in electronic form, with use of the digital signature tool - through the IUCI website and via email;
  • by the post correspondence exchange;
  • by fax exchange of documents;
  • by signing documents and stamping them at the regional nearest to the customer office of the IUCI.

b) guarantees, agreements and the patenting documents are prepared and handed over at direct contact of official representatives of IUCI and customers of the patenting procedure.


7. Duration of the patenting expertise:

Patenting expertise is an ongoing procedure, covering all the stated secure (regime) periods of patenting. At the same time legally the fact of approval of patenting (ascertainment of the patentability of the object and the preliminary author’s priority) is indicated in the relevant documents on the phase of the «Initial secure (regime) period» after the patenting expertise of duration stated below:

  •  categories of expertise 1-2 – 15-20 days;
  •  categories of expertise 3-4 – 20-25 days;
  •  categories of expertise 5-6 – 25-35 (taking into account the period of the expert commission’s direct stay at the object of assessment from 3 to 7 days) days;
  •  categories of expertise 7 – 35-40 (taking into account the period of the expert commission’s direct stay at the object of assessment from 7 to 10 days) days.

Continuing regimes of the patenting procedure ensure objectivity, reasonableness and prestige of this procedure. At the same time this consequence does not mean that the legal fact of passing the procedure of patenting by the relevant object comes into force only after completion of all regime periods of patenting. Patenting procedure consists of several stages. During every stage the fact of passing of the patenting is verified, criteria of patentability of the object and the author’s priority of the authorized person (corresponding to the certain level of depth of the expert assessment and relevant legal guarantees and legal protection provided) are defined. The higher the category of patenting expertise carried out and the regime period of patenting, the greater the level of fact-based and legal reasonableness and protectability of patenting results.


8. Special conditions and terms:

  •  In conditions of carrying out remote patenting expertise with the examination of actual materials, these are sent by the customer of examination or other person by post or express delivery at own expense. The day following the date of arrival of such postage, is considered to be the first day of calculation of period for the advance payment for the expertise.
  •  Costs of transportation, accommodation and meals of experts are calculated and included in the contract before signing. These are paid by the customer in the appropriate part, stated in par 3, 4. 
  •  Customer of expertise of categories 5-7, the company under the expertise of these categories, or both sides (if available), are responsible for the creation of necessary conditions for work of expert commissions on the examination location, for the access to objects of expertise, for the availability of all the necessary materials and for the objectivity of the information presented.
  •  The care of comfortable and high-quality journey, accommodation and meals of experts and the expert commission curator is solidary – between the IUCI and customers of assessments.
  •  Arrangement of comfortable and high-quality journey, accommodation and meals of experts, and also the organization of activity of an expert commission is directly guided by the expert commission curator.
  •  The basic document for the expertise is one of following two documents: a) contract between the IUCI and the author of the object of expertise or another possessor of rights; b) contract between the IUCI and the initiator of the expertise - person concerned (author or another possessor of rights must give consent for this).
  •  The information necessary for the patenting expertise is provided by the author or another rightholder in full correspondence with the contents of objects and criteria of expert analysis. If information provided by these persons is not sufficient, the necessary additional volume of information will be claimed by the expert commission. Possessors of rights are obliged to provide the expert commission with the information claimed.
  •  Authors and another possessors of rights or third parties can reasonably challenge the results of the expert assessment of their creative activity products through the submission of the relevant application to the IUCI. In case if the mutually acceptable compromise concerning this matter is not achieved with the IUCI, such persons will address the American international commercial arbitration court to settle the relevant dispute.


9. Possible criteria of objects of patenting expertise - full nomenclature (creative activity results)

  •  novelty (originality);
  •  primacy (priority in time of creation of the patenting object and claiming the author's priority and patenting protection);
  •  innovativeness (purpose and ability to solve certain problems);
  •  practical applicability;
  •  professional correctness and reasonability of information concerning the patenting object (informational support);
  •  independent objectivization of the creative activity result (material and event-trigger completeness, independence and self-identification);
  •  science-intensiveness (ability to be verified theoretically and practically);
  •  assessment of known data about analogs or substitutes;
  •  presence of comparative benefits over possible analogs or substitutes;
  •  publicity of the innovation (sufficient and high-quality promulgation of data concerning the patenting object);
  •  reviewing support of the patenting object (presence of authoritative conclusions of professional experts);
  •  honesty of initiators of patenting (presence of preliminary reasonable and full confidence of such persons in their authorship or other rights concerning the creative activity results and also in the patentability of these results);
  •  absence of claims, petitions or applications of the third parties, interfering with the determination of the author's priority for the patenting object;
  •  availability of data about official national and international publications about results of creative activity in the relevant sphere.


10. Determination of results of patenting assessments within every regime period of patenting

Within the framework of every regime period of patenting the result of expert assessments is determined on the basis of the final consideration of results of both - professional and open expert assessments. If professional expertise determines the presence of criteria of patentability of the object and grants the author's priority within the initial regime period, the open expertise on the stated parameters will approve or reject this expert verdict. During the initial and the following regime periods of patenting professional expert groups consider notes, challenging the patentability of relevant objects and approve final results of expert assessments of regime periods.

Certain number of credits (stars) within the relevant expertise category is determined within the normative length of holding of the expertise in the initial regime period. It is based on the determined correlation between the results of voting of professional experts and representatives of the open international expert community.

In future (after the expiration of normative length of the expertise and conclusion of the expert verdict) facts of correspondence of such object to the criteria of patentability in general may be challenged and corrected within the patenting expertise - not the number of credits (stars) given to the object of patenting on the basis of the initial expertise stage results.