In December 2022, amendments to the Federal Law of the Russian Federation "On Patent Attorneys" came into force. Among others, the amendments introduced the following changes.
1. The law defined the concept of the activity of a patent attorney
This is a professional activity for representing the clients' interests on issues related to legal protection for IP subject matters, challenging and termination thereof, as well as the acquisition, exercise, enforcement, and transferring of intellectual rights.
2. Expanded the rights of a patent attorney
A patent attorney acquired a right to request the information necessary to fulfill a principal’s instructions from state bodies, local authorities, and organizations, including information about domain name administrators from domain name registrars. Also, a patent attorney obtained access to the information systems of Rospatent.
3. Procedure for preventing and resolving conflicts of interest
To the detriment of the interests of his previous client, a patent attorney must not accept the instructions of a new client in respect of the same dispute, task, and (or) the same IP subject matter. If a conflict arises between clients, a patent attorney must refuse to fulfill each client’s instructions but may contribute to the dispute resolution (act as a mediator).
4. It is possible to enter information about a responsible patent attorney (responsible representative) into the state registers
A rights holder, at his initiative, may appoint a patent attorney as his responsible representative. In the future, if it is necessary to contact the rights holder, Rospatent or another state body will reach the responsible patent attorney, who must notify the right holder of such requests.
5. Secret of a patent attorney — a new type of professional secret protected by law
The secret of a patent attorney is any information about the client’s business, including its IP. A patent attorney is obliged to keep this information secret and take the necessary measures for this. Information constituting the secret of a patent attorney cannot be demanded, transferred, or disclosed to third parties. The only exception is the case when state bodies and (or) local governments request information by law.
6. Changed requirements for candidates for patent attorneys
Work experience for admission of a candidate to the exam for a patent attorney can be reduced from 4 to 2 years, subject to at least 6 months of internship under the guidance of a patent attorney working in this status for at least 5 years. The period of acquisition by a candidate for a patent attorney of the required work experience is calculated from the moment of obtaining higher education.
These amendments are assessed as aimed at improving the legal status of a patent attorney, empowering him with the rights necessary to successfully protect the client’s interests, and improving the level and quality of professional services.