Software and Databases registration | Patent-legal firm NEVA-PATENT, Saint Petersburg, Russia

Computer software and databases

Patent-law firm NEVA-PATENT Ltd. provides services in legal protection of computer software and databases in the Russian Federation.

The current legislation of our country allows willful registration of rights to computer software and databases.

By its legal nature and fixation of the right, computer software and databases are referred to items subject to copyright.

The registration of rights is carried out by the Federal Service for Intellectual Property, Patents and Trademarks (Rospatent, Moscow). Upon successful registration, the title of protection is issued in form of a certificate, together with publication in the Official Bulletin.

Due to the nature of the items, the rights in connection herewith are registered by way of accomplished fact. That means regular national application for the software together with paid state fee would probably result in the actual registration of the software.

The Patent Office determined the registration period as two months. The period is started after the application arrives to Rospatent. It can also take longer, should the formal examination by the Federal Institute of Industrial Property, where applications are examined, reveal some issues.

Unfortunately, it is not possible at present time to accelerate the process.

The main regulatory document that sets the registration rules for those objects is the Administrative Regulation of execution by the Federal Service for Intellectual Property, Patents and Trademarks related to the state function of organizing the application submissions for the state registration of software for electronic computing machines and applications for state registration of databases, the consideration thereof, and issuing in proper order the certificates about the state registration of computer software or databases (Administrative Regulation).

According to the current legislation, the applicant may fill unassisted all the materials of the application and submit it for registration. One thing to take into account is the rigid rules for Rospatent experts to follow when considering the application. Correct paperwork is of primary importance for the positive result of the registration procedure.

According to the requirements by the Administrative Regulation, the computer software or database registration application materials must comprise:

Request for state registration of computer software or a database mentioning the right holder and the author, should the latter not have denied to be mentioned as such, with the residence place or the location of both.
The materials deposited to identify the computer software or database including the abstract.
The document that confirms state fee is duly paid. The applicant must pay the state fee unassisted. The applicant’s representative cannot pay the state fee. If several persons are applicants, the state fee is to be paid by them in equal shares, also unassisted. The share is calculated by dividing the amount of the fee by the amount of the applicants.
Power of Attorney.

The cost of services

Name of service	Cost of service	The amount of the state fee
		For a legal entity	For individuals
Registration of computer software, database	18000 Russian rubles	4500 Russian rubles	3000 Russian rubles

Patent-law firm “NEVA-PATENT” has been providing services in assisting with the legal protection of the computer software and databases since 1999.

We would be glad if our professional knowledge and experience were useful for you.

For reference:

Computer software is a totality of data and commands presented in an objective form and meant for the functioning of a computer or of other computer facilities for the purpose of obtaining a specific result, including preparatory materials obtained in the course of development of a computer software and audiovisual representations generated by it (Article 1261 of the Civil Code of the Russian Federation).

Database is the totality of independent materials (articles, accounts, normative acts, judicial decisions, and other similar materials) presented in an objective form and systematized in such a manner that these materials may be found and processed with the use of a computer (Paragraph 2 of Article 1260 of the Civil Code of the Russian Federation).