State Registration of Computer Programs

Inspired by a comment . For some reason I thought that too Habré some of these issues and there should not be, because, after reading a couple of times corresponding to the Administrative Regulations and other boom page, everything becomes clear. (You can read it once for general development, but, in principle, everything below is described below, unless you have some unique and exotic case).
In any case, I would not mind sharing my modest experience and telling about how I had to deal with the state registration of a computer program (copyright holder - legal entity, 1 piece). Nothing complicated, btv.

Gos. registration is carried out by the Federal State Institution of FIPS ( Federal State Institution of Industrial Property ) or simply FIPS.
In the case of computer programs, registration does not require special gestures (unlike inventions, for example). Is there a program? - There is. It remains only to properly fill out the package of documents, which is called the application.

Application documents:
1. Cover letter in 2 copies. (in case of sending application documents by mail - in 1 copy)
2. Application in 1 copy.
3. Listing of the source code of the program in 1 copy.
4. Abstract in 2 copies.
5. Power of attorney in 1 copy.
6. Payment document on the payment of state duty in 1 copy.
All. And now more about the design.

Transmittal letter


Instructions
Hat. Printed at the top right of the letter, centered on the left edge.

To the department for registration of computer programs,
databases and topologies of integrated circuit systems of the Federal State Budgetary Institution “Federal Institute of Industrial Property” (FIPS)

Berezhkovskaya nab., 30, bldg. 1,
Moscow, G-59, GSP-5, 123995

Text of the letter. You need to indent (red line).

I am sending you for registration a computer program " (Indicate the name of the registered computer program) ", the copyright holder of which is the exclusive right (applicant) (Indicate the name or name of the applicant) .
The completeness of the application is indicated in the appendix.

Application. Instead of N i indicate the number of sheets. Theoretically (with an immense list of authors, the name of the computer is 100500 lines long), the number of abstract sheets may differ from unity, but I think you can handle this problem.
If you do not have an additional application form or any other document from the list, then we remove this line of the application.


Appendix:
1. Application (form RP) for 1 liter. in 1 copy
2. Addition to the application (form RP / DOP) for N 1 l. in 1 copy
3. Listing of the source code of the program on N 2 l. in 1 copy
4. Abstract on 1 liter. in 2 copies.
5. Power of attorney for N 3 l. in 1 copy
6. Payment (e) document (s) on the payment of state duty for N 4 l. in 1 copy

A small continuation, do not forget about the red line.

In total, the sum of all the sheets (and do not forget that the Abstract is in 2 copies) minus N 4 sheets + N 4 payment (x) document (s).

Below we select one of the options (do not forget about the red line). Again, if you have the opportunity to take the certificate personally, it is better to take this opportunity, because ... because post office. There’s nothing to add.

I ask you to send the certificate by mail to the address indicated in column 11 of the application (RP form).
I ask you to give a certificate in your hands.

Next (ideally, after 2-3 lines) the signatory follows: who he is (a stamp that captivates “who he is”), the signature itself, the decryption of the signature and the date (the date is stamped under the decryption of the signature, i.e. under I.O. Surname).
The position, place for signature and decryption of the signature should be stretched across the sheet.
The Director General may also be the Director. The copyright holder is for the physical. faces. The representative of the copyright holder is the person to whom the power of attorney is issued (below will be about it).
A little about printing. Opinions regarding the rules for printing are different. My conclusions are from the Internet read on open spaces: the press should capture a piece of a post and not touch the signature. Although ... FIPS is such a structure, I think they do not care.
If your organization has a manager’s form, then a seal is placed to the left of the signature from scratch.
Ah yes, the subject should be indicated on the letter. The topic is usually indicated under ... as it is called ... under the form blank, where the registration number is affixed. According to the rules I know, the subject of the letter should begin with "Oh ...", for example, On state registration of a computer program.


General Director ___________ I.O. Surname

Copyright Holder ___________ I.O. Surname

Representative of the copyright holder ___________ I.O. Surname

Here is a stripped down example of design, please do not abuse.

Text in italics must be removed / changed / replaced (as in further instructions).
Two copies of the cover letter are necessary if you are going to personally transport the application documents to FIPS, one cover letter will pick up FIPS, on the other you will be given the application number.

Application number - a unique number needed to identify your application and for further business, the first 4 digits indicate the year of filing the application, the 5th and 6th digits indicate the code of the intellectual property object, the remaining 4 digits indicate the serial number of the application in the series for this year . This number is necessary (in the conduct of business) exactly until you are issued a certificate for a computer program, which also corresponds to its unique number.

In principle, even if you forget to print the second copy of the cover letter, the employee accepting your application documents must make a copy of the cover letter and put the application number on it already. I did not have to check how much he should or should not, and I do not advise you either.
If you are going to conduct business by mail, then the letter is sent in 1 copy. If you have the opportunity to take the application documents with the legs to FIPS, I advise you to use this opportunity.
Documents can also be submitted to FIPS by e-mail or fax, but later on (any time) it is necessary to provide the original documents (since I did not have to do this, I can only advise you to look for this information on the FIPS website).

Letters are signed by the head, put a stamp, register.

Statement


Samples of applications and examples of their completion The
application is printed on 1 sheet on both sides. If you do not have enough space in the columns of the application form, then you transfer the redundant information to the additional application form (it is slightly modified), in this case, do not forget to indicate in the cover letter about the availability of additional. application sheets.
Explanations regarding filling out the application column separately can be found on the FIPS website - the first block of text under paragraph 1. Here you will find comprehensive information on the design of the Printout of the source code of the program and Abstract .

In addition, I can only bring
Title page
We recall how all kinds of essays and reports were drawn up at school. The principle of distributing content across the sheet is the same.

Полное наименование организации-правообладателя, включая указание полного наименования организационно-правовой формы – (в соответствии с графой 1 формы РП)

ПРОГРАММА ДЛЯ ЭВМ
Название в соответствии с графой 3 формы РП
Полный исходный текст программы/Фрагменты исходного текста программы (ненужное убрать)

Листов указываете кол-во листов цифрами, надпись сдвинута вправо
Авторы: перечисляете в столбик (прямо как в школе), также сдвигаете вправо

© наименование организации-правообладателя, год выпуска в свет (указывается, если ПрЭВМ была выпущена в свет — см. графу 7 формы РП)

201… г. — год подготовки документа к регистрации
Закрепляющий лист
Реферат
ABSTRACT

Authors: Surnames, First Names of Patronymic (all authors in the sequence given in the application (form РП) and additions to the application (form РП / ДОП))
Copyright holder: name (name) of the copyright holder (s) (indicated as it is shown in column 1 RP forms)
Program: The name of the computer program (indicated as it is given in column 3 of the RP form)
Abstract: The purpose, scope, functionality



are indicated. (approximately 10-12 lines of the content part. For example: The program is designed for ... and (can) be used (used) in ... The program provides the following functions: [...].
Computer type:
Language:
OS:
Program size: the amount of source text in Kb or Mb .

We sign the application with the author, with the head, put a number, put a stamp.
We flash the source code text together with the title page, fasten the thread with the sheet at the back, sign it with the head, put the seal on the position (the seal should be placed partially on the fixing sheet, partially on the printout of the source code).

Power of attorney


Instructions
These instructions are applicable to the power of attorney in the case of the database and the topology of integrated circuits, you only need to make the appropriate replacements in the text.
Principal - legal person, authorized representative - physical. face.


Доверенность (по центру)

г. Москва (или иное место выдачи доверенности, центрируется левому краю) дд.мм.гггг (дата центрируется по правому краю, две записи надо распределить по краям)

Полное наименование правообладателя — юридического лица, включая указание ОГРН и адреса государственной регистрации, являющ[...] обладателем исключительного права на программу для ЭВМ "Название программы для ЭВМ указывается в полном соответствии с графой 3 заявления (форма РП)", в лице должность руководителя, фамилия, имя, отчество, действующего на основании Устава или иное основание настоящим доверяет своему представителю Фамилия Имя Отчество, паспортные данные conducting affairs with the Federal Service for Intellectual Property and the Federal State Budgetary Institution “Federal Institute of Industrial Property” related to the state registration of the above computer program, for which it authorizes the representative to carry out the following actions:

Unnecessary to remove.

• sign the application and other documents and materials of the application for state registration of the above computer programs;
• submit application documents for registration and provide additional explanations;
• make the necessary additions, clarifications, corrections and changes to the submitted documents and materials, including an abstract (except for deposited identifying materials);
• apply for revocation of the application for state registration;
• receive a certificate of state registration and other documents related to state registration of the above computer programs;
• perform other legally significant actions related to state registration of the above computer program.

Please note that even if you want to issue a power of attorney for 3 years (maximum period), you still need to register this period, otherwise the power of attorney will be considered invalid.
In general, feel free to bet three years.


This power of attorney is valid for a period in words from the date of its issue.

The two sentences below must be placed in two lines.

Sample signature Last name I.O. (we observe the case, name, of course, representative, that is, most likely yours) ___________ certify.
Position of the head ___________ I.O. Surname

Representative contact details:
Phone: ( city ​​code ) phone number
E-mail: email address mail

A power of attorney is needed if your manager decides to shift all the movements (types of movements, see the example) regarding the application for you. Theoretically, if you intend to conduct business through the mail, you may not need a power of attorney.

We sign the power of attorney ourselves (if you are a representative), give it to the head for signature, put a number, put a stamp (with the seizure of the head's position or from scratch if the power of attorney is drawn up on the head's letterhead).

Payment document on payment of state duties


Requisites
Reminder on the payment of state. duties
Reference manual (not an official document) - compiled on the basis of regulatory materials
Version 10.09.2012

The law on amendments to the Tax Code of the Russian Federation was published in the Russian newspaper on December 29, 2009.
Consultations on the payment of state duty: tel .: (499) 240-63-54, 240-24-64, (495) 531-66-05.
E-mail: otd69@rupto.ru, mfomichev@rupto.ru REMINDER

ON PAYMENT OF STATE DUTY,
paid when applying to the authorized federal executive body for intellectual property (Federal Service for Intellectual Property - Rospatent) for performing actions on state registration of a computer program (PC), database (DB) and IC topology (TIMS), as well as for registration an agreement on the alienation of exclusively right and transfer of exclusive right without an agreement on the indicated results of intellectual activity (for TIMS - additionally a license agreement and an agreement for ord).
For the state registration of the computer, DB, TIMS and other actions related to the state registration of the computer, DB and TIMS, as well as the registration of an agreement on the alienation of exclusive rights and the transfer of exclusive rights without an agreement (transfer of rights), and for TIMS - an additional license agreement and pledge agreement , a state duty (state duty) is levied, which is paid only by the applicant himself in the amount and manner established by the Tax Code of the Russian Federation (Tax Code). The state duty by applicants - organizations is paid in non-cash form by transferring the amount of the corresponding state duty (the amount of the state duty is established in article 333.30 of chapter 25.3 of the Tax Code of the Russian Federation). The payee is the Interregional Operating UFK (Federal Service for Intellectual Property).State duty is paid only in Russian rubles .
Attention:
1. State duty must be paid before filing an application for registration or before filing documents for registration of transfer of rights - Art. 333.18 of the Tax Code of the Russian Federation, and a payment document (PD) should be included in the application or in the documents submitted for registration of the transfer of law.
2. Assignment of input. No. application is carried out only if it contains the document (s) confirming the payment of state duty in the prescribed amount and order, and in which (s) all the specified details of the payee are correctly indicated.

Details for the payment of state duty:

Recipient:
Interregional Operating UFK (Federal Service for Intellectual Property),
TIN 7730176088,
KPP 773001001,
BIK 044501002, Sch
. No. 40101810500000001901,
KBK 16810809000011000110,
OKATO 45268554000 Beneficiary's
bank: OPERU-1 of the Bank of Russia Moscow 701 (no correspondent account)

Personal account: 04731001680 For
reference: OKPO (payment administrator) 00038971, PSRN (payment administrator) 1047730015200 from 06.24.04

Attention! Indication of BCC in the payment document is required!
Payment of the state fee upon filing by one applicant of several applications is carried out by separate payment documents for each application .
In accordance with the provisions of Articles 333.16 - 333.18 and 45 of the Tax Code of the Russian Federation, the applicant must pay the state duty only on his own ! In the event that the applicants are several persons, the state duty is paid by them independently in equal shares ! (clause 2 of article 333.30 of the Tax Code).
If the fulfillment of the action provided for in paragraph 1 of Article 330.30 is requested by organizations and individuals who are rightholders of the PC, DB and TIMS, the size of the share of state duty paid by each payer is determined in proportion to the number of payers on the basis of paragraph 2 of Article 333.18 of the Tax Code of the Russian Federation based on the established amounts for organizations and individuals. Thus, when submitting an application by several applicants, each applicant must independently pay his share of the state duty, with the provision of his PD (the number of PD in the application = the number of applicants!).

The size of the state duty is established by Article 333.30 of the Tax Code of the Russian Federation on the basis of the Federal Law of the Russian Federation of December 27, 2009 No. 374-ФЗ “On Amendments to Article 45 of Part One and to Chapter 253 of Part Two of the Tax Code of the Russian Federation ...”
State Fee for State Registration Computer, DB, TIMS Art. 333.30 p. 1

1) for the state registration of Pre-computers, databases and TIMS, respectively, in the Pre-computer registry, Register of databases and TIMS registry, including the issuance to the applicant of a certificate of state registration of Pre-computers, databases and TIMS, as well as the publication of information about the registered computer, databases and TIMS in official bulletin:
- for the organization of 2600 rubles.
- for an individual 1700 rubles.

State duty for several applicants (one certificate is issued for all applicants ) calculated by dividing the state duty by the number of applicants, for example:

For applicants - organizations
Number of applicants: 2 (or 3)
Total state duty: 2600 rubles.
The share of each applicant for payment: 1300 rubles. (or 866 rubles. 67 kopecks)

For applicants - individuals
Number of applicants: 2 (or 3)
Total amount of state duty: 1700 rubles.
The share of each applicant to be paid: 850 rubles. (or 566 rub. 67 kopecks)

Other actions related to the state registration of PreVM, DB and TIMS
2) for amending documents and materials for the application for registration of PreVM, DB and TIMS before publication in the official bulletin:
- for organization of 700 rubles.
- for an individual 700 rubles.
3) for making, on the initiative of the applicant, changes to the deposited documents and materials and issuing to the applicant a new certificate of state registration of the computer, DB and TIMS before publication in the official bulletin:
- for the organization of 1400 rubles.
- for an individual 700 rubles.
7) For the issuance of a duplicate of the certificate of state registration of computer, DB and TIMS Art. 333.30 p. 1, 7):
- for the organization of 800 rubles.
- for an individual 800 rubles.

State fees for state registration of contracts for computer, DB and TIMS [for the contract for the alienation of exclusive rights to computer, DB and TIMS paid fees under subparagraphs 4) and 6) of paragraph 1 of Art. 333.30]
4) for state. registration of an agreement on the alienation of the exclusive right to the registered computer or database, on the alienation or on the pledge of the exclusive right to the registered TIMS, a license agreement on granting the right to use the registered TIMS, as well as for making changes to these documents and their state registration:
3000 rubles. and an additional 1,500 rubles. for each computer, DB and TIMS stipulated by the contract.
6) for registering information on changing the holder of the exclusive right on the basis of a registered contract or other title document and for publishing the specified information in the official gazette in the Registry of Computer Software, the Registry of Database and the Register of TIMS:
1600 rubles.
The state duty for registering a contract with one object is 6100 rubles.

State duty for state registration of the transfer of exclusive rights without an agreement [duties are paid under subparagraphs 5) and 6) of paragraph 1 of Art. 333.30].
5) for state. registration of transfer of the exclusive right to a registered computer, DB and TIMS to other persons without an agreement:
500 rubles.
6) for registering information on changing the holder of the exclusive right on the basis of a registered contract or other title document and for publishing the specified information in the official gazette in the Registry of Computer Software, the Registry of Database and the Register of TIMS:
1600 rubles.

When filling out the PD, it is necessary to be guided by the provisions of the Order of the Ministry of Finance dated November 24, 2004 No. 106n (as amended by the Order of the Ministry of Finance dated December 30, 2010 No. 197n).
It must be indicated:
1) the payer and his details,
2) the payee and his details,
3) the purpose of the payment indicates: State duty, the name of the computer (DB, TIMS, contract), paragraphs of the Tax Code, in accordance with which the amount of the state duty is determined, and it also states: “VAT is not taxable.”
When a state duty is paid by an organization in the PD, the field code must be indicated in field 104, OKAT is indicated in field 105, and the purpose of the payment is indicated in field 24. In the fields 106-110 PD in accordance with the requirements of the Order of the Ministry of Finance dated November 24, 2004 No. 106n (as amended by the Order of the Ministry of Finance of December 30, 2010 No. 197n) zero “0” is put down. The presence in the PD of unfilled fields is not allowed.

An example of filling in field 24:
1.1.333.30 of the Tax Code of the Russian Federation ( or another subparagraph of clause 1 of Article 333.30 of the Tax Code of the Russian Federation ) State duty for state registration of computer software " The name of the registration object is indicated in an amount sufficient for identification ". NDS is not appearing.

Benefits for the payment of state duties
(established by the Federal Law of the Russian Federation of December 27, 2009 No. 374-ФЗ “On Amendments to Article 45 of Part One and to Chapter 253 of Part Two of the Tax Code of the Russian Federation ...”)
1. In accordance with subparagraph 4 clause 1 of Article 333.35 from the payment of state duty, federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and local authorities are exempted when they apply for the commission of legally significant actions established on toyaschey head (253) of the Code
2. In accordance with subparagraph 14 of paragraph 1 of Article 333.35, an individual is exempted from payment of a state duty - a citizen of the Russian Federation who is the sole author of the computer, database, TIMS and its copyright holder, requesting a registration certificate in his name, if such a physical the person is a veteran of the Great Patriotic War, a disabled person, a student (pupil) of educational institutions (regardless of their form of ownership), for committing the actions provided for in subparagraphs 1-3, 5 and 6 of paragraph 1 of Article 333.30 of this its Code.
The privilege provided for by this subparagraph is also provided to a group of authors, copyright holders, each member of which is an invalid, or a participant in the Great Patriotic War, or a disabled person of the Great Patriotic War.
3. The basis for the provision of benefits to individuals listed in subparagraph 14 of paragraph 1 of Article 333.35 is a certificate of an established form. The benefits provided for by subparagraph 14 of paragraph 1 of Article 333.35 are granted at the request of the author (s). The basis for the provision of benefits is a copy of the relevant documents: certificate of a veteran of the Great Patriotic War (war veteran), a certificate of medical and social examination, a document issued by an educational institution. An application for the provision of these benefits is filed in lieu of a document confirming the payment of the state duty, if the benefit is exemption from its payment, or together with the specified document.

Documents call each other, do not throw slippers.

We sign with ch. accountant, the head, put a stamp. In general, in accounting, everyone should know, just give them the first piece of paper, tell me the amount (understand from the memo), the name of the program and, like, everything.

This completes the paperwork application. Putting it all together, reading how, when and where you can apply for the state. registration and act according to the selected item.
If possible, choose the first item (and do not forget your passport, public transport stop is opposite the European one under the clock). In this case, they will tell you on the spot what is wrong (the FIPS officer accepts the documents, takes you to the room, checks the documents, puts down the application number).
Please note that if your organization is related to the Ministry of Defense, Rosatom, Roskosmos, etc. (or a computer program was created as part of an agreement with similar organizations), you will most likely require a piece of paper confirming that your computer program does not contain information constituting state a secret.

Try to keep your documents in order, because FIPS employees have 2 months to request, and most often they wait for the expiration of this period to send the request to the applicant. I’ve been waiting for my request for about 25 working days, and I need to answer the request 4 months after it was sent by the FIPS employee, so I have about 3 instead of 4 months to answer it. Although, for some this may not be a particular problem , but there may be times when the remaining time may not be enough to collect the missing materials, or it is necessary to draw up the state as soon as possible. registration, and then the post of Russia + zeal of FIPS employees.
In my opinion, you can file a request to extend the deadline for the submission of materials at the request of a FIPS employee (whether it is paid or not, not in the know). The occurrence of such cases (the need to extend the deadlines) is unlikely, so I would advise everyone who wants to inquire (don’t throw slippers) to call FIPS directly or to check with the person who receives the documents at the place.

About signatures. If the documents will not be signed by the head of the organization, but by one of his deputies, then it is necessary to provide a document confirming such powers of the deputy (a copy of the Charter or the Power of Attorney). But, in theory, such documents are also certified by the head, so horseradish is not sweeter.

Important:
- note that the name of the computer must be the same in all documents!
- if the copyright holders are two or more legal entities. persons, then (according to the memo on duties) each jur. the person himself pays his share of the duty, and no perverts and approaches here will save;
- although the requirements for the design of the materials say that their volume, as a rule , is 70 pages, a FIPS employee assured me that with a larger volume of pages the application will not be accepted (even with the justification why I consider that such a volume is necessary submit for state registration). I do not advise checking the accuracy of this statement;
- the difference between state registration of computer programs from state. registration of the database only in the replacement of the words computer program on the Database, well, some differences in the design of materials and essay (all this is well described in Appendix 5 to the Administrative Regulations).

PS: the materials presented were obtained as a result of communication with FIPS, please treat with understanding and refrain from excessive distribution.

upd (10.24.2013): work on the errors, so to speak:
1. In the cover letter, you do not need to put the date under the signature, because the letter is written on the letterhead of the organization, and the date is also added when registering the letter. (And also “you” is written as “you”).
2. A payment document is being written by someone from the bank, their seal.
3. If you suddenly use this material, just in case, double-check the amount of fees and details.

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