How to Acquire Rights
The procedure of obtaining intellectual property rights is set forth in normative documents adopted by the respective authorities of the Russian Federation and in international treaties and agreements. Any person may independently file an application for obtaining legal protection in respect of some or another object, and, following the examination of the object have been carried out by the registration body, receive either a title of protection or a refusal within the established period of time. Statistically, the latter is quite possible due to incorrect interpretation of normative acts by the applicant, which occurs rather frequently, as well as due to technical errors made in application documents or due to incompliance with the formalities of document circulation. Therefore, individuals and organizations more and more frequently prefer to apply to professionals in this sphere – patent and trademark attorneys.
As to foreign legal entities and individuals, according to the current legislation of the Russian Federation, they may interact with the Federal Executive Authority on Intellectual Property (Rospatent) only through patent attorneys registered with Rospatent.
Those who wish to register their rights to the corresponding intellectual property objects in other countries must, as a rule, apply to patent attorneys in a country of destination directly or through patent attorneys of their country having partners in the necessary state.
Applying to patent attorneys of YUS, clients get something more than simply correctly executed applications filed within the established time limits and in compliance with the existing rules and official procedures.
Firstly, our specialists develop and propose a client a strategy of using intellectual property objects which is based on the analysis of the goals pursued by taking a decision to register the right. This enables them to demonstrate to the client the potential of holding and managing industrial property rights, congruously introducing them into the general strategy of developing the client's company or personal interests of an individual. In practice, solutions offered by YUS specialists often enable to open new opportunities for using the rights and gaining extra revenues or for optimizing the costs.
Secondly, YUS specialists find optimal solutions for preparing applications for titles of protection basing on the accumulated experience and on real conditions of the client’s using intellectual property. This enables to minimize risks which are connected with disregarding seemingly insignificant details, which, from our experience, leads to dilution of the protection. In certain cases our specialists can propose non-standard solutions on patenting, which will enable the client to outperform competitors whose rights to a similar industrial property object are not irreproachable, or complicate significantly the creation and use of the object for competitors by obtaining maximum scope of rights without violating the requirements of the current legislation.
Thirdly, our specialists determine a sufficient, but not excessive, scope of rights being subject to registration depending on the goals and strategies of the client. On the one part, this will enable to protect the clients’ interests, e.g. in respect of a particular list of goods and services for which they use or may use a trademark (service mark). On the other part, the client does not have to pay for the protection of rights in non-specialized fields of activities.
And last but not least – YUS always gives its clients an honest opinion as to the prospects of their cases, e.g. of registration of their trademarks. In difficult cases the specialists of YUS are ready to advice on how to increase the possibility of obtaining protection for the client’s intellectual property object and will proceed with the client's case only after making sure of the successful outcome of the case .
YUS adheres to the principle “surpass clients’ expectations”, helping them not only obtain rights to intellectual property objects, but also:
- minimize risks of losing their rights in the future;
- minimize costs of obtaining and maintaining rights;
- obtain full and clear understanding of how to dispose of the rights to the intellectual property granted in the most beneficial way.