real cases from practice
Registration of computer programs and databases is necessary not only to obtain a beautiful certificate, but also to open up specific business opportunities. You can register the software with two Russian government agencies.
My name is Yuri Gorbachev. I head the Lireit patent office. In this article, using specific examples from practice, I will analyze the reasons for registration with each department and the benefits that entrepreneurs and developers receive.
Who registers the software?
Software and databases are registered with Rospatent and the Ministry of Digital Development. The two procedures provide different benefits to applicants.
In practice, registration of rights to software with Rospatent is usually completed within 1 month.
Registration with the Ministry of Digital Development is a procedure that causes much more difficulties for applicants. The legal framework is regularly updated, and even an experienced lawyer must always be on guard.
The registration period can reach 45 days, but usually it is possible to receive a positive response earlier – 1 month. If you receive a refusal, you can reapply only after a year. This is fraught with missed opportunities for a developing business.
Is it necessary to register software with Rospatent?
Registration of software with Rospatent is optional; the software is protected by copyright from the moment it is created, but many companies and developers still go through this procedure. There are reasons for this.
Registration of software to confirm exclusive rights
A manufacturer of aviation and airfield equipment contacted us. The company is part of 27 innovative technology centers. It was necessary to register a program for automatic flight control of an optionally manned aircraft with Rospatent in order to confirm the company’s exclusive right to the software. The program was created by an employee of the company.
We have prepared an application, a brief description and a program code. They submitted the documents independently without the participation of the applicant.
Just 12 days later, Rospatent responded to us. The program was successfully entered into the register of the patent office. Now the company should not have problems proving its position, concluding licensing agreements and alienating software.
Registration allows the copyright holder to protect the software from illegal use and copying, receive compensation of up to 5,000,000 rubles or even more in case of violation, and also confirm its legal purity and the absence of violations of the copyrights of others in controversial situations.
Registering software to demonstrate your advantages to partners and investors
We were contacted by the author of an online service for remote training of employees by watching prepared video lessons. The purpose of registration with Rospatent is to obtain confirmation of your authorship in order to subsequently attract investors and partners. Unfortunately, without documentary evidence that you are the author of the software, it is unlikely that anyone will want to invest their money in your project. After all, it may not be yours at all. We need guarantees.
We studied the online service, after which we began preparing an application and other documents for registration, and submitted them to Rospatent.
After 20 days, the service was already included in the Rospatent register. The client has already found investors interested in his project, which means the goal has been achieved.
Registration of software for registering an intangible asset and increasing the value of the company
A manufacturer of personal protective equipment contacted us. There was a need to register a program for co-management of personal protective equipment (PPE), effective planning, optimization of processes associated with planning the use, implementation and control of personal protective equipment, workwear, and safety footwear. The program helps control PPE orders and performs other functions that make the work of employees easier.
The main purpose of registration is to put the program on the balance sheet and increase the value of the company in order to attract investors and partners.
Registration was difficult and difficulties arose. Our experts corresponded with Rospatent employees, as a result of which the software was successfully registered 3.5 months after filing the application. The goal has been achieved.
Registration of software for subsequent inclusion in the register of the Ministry of Digital Development
We were contacted by a manufacturer of innovative universal VR simulators. It was necessary to register the development with Rospatent for subsequent registration with the Ministry of Digital Development. It has been used for training in businesses and industries that are developing a safety culture and striving to reduce injury rates.
We have prepared documents for registration with Rospatent. Submitted an application to the department. After 12 days we received a positive response. Next, the applicant passed registration of domestic software to the Ministry of Digital Development.
Registration of software to protect against competitors
We were contacted by a client whose company created a geomarketing service: branch and reputation management. This object had to be protected through registration with Rospatent.
The client understands that the growing popularity of his service will lead to competitors wanting to use the facility. You need to register your development rights earlier to avoid problems.
We submitted an application to Rospatent. Just 9 days later a positive response came from the department. Now our client does not worry about the fate of his service. In addition, he entered it into the register of domestic software and received preferences.
Is it necessary to register software with the Ministry of Digital Development?
It is not at all necessary to register software in the Ministry of Digital Development register if you do not want to receive serious benefits for your IT company.
Thus, success when participating in government orders directly depends on whether your software is in the domestic software registry. This is one of the conditions of tenders.
We were approached by a company that wanted to take part in government procurement, but there was almost no chance, the software was not registered in the Ministry of Digital Development registry, although it was interesting for the public sector. Software class 09.11 – Content management tools (CMS), websites and portal solutions. We collected an impressive list of documents, filled out all the forms and sent an application to the Ministry of Digital Development. Less than a month later, an entry was made in the registry about the registration of the client’s software. The principal prepares to participate in government procurement.
In addition, principals often want to be included in the Ministry of Digital Development register in order to receive tax benefits.
We were contacted by a company that is actively developing software products for specific industry tasks. This time, it was necessary to register the software in the Ministry of Digital Development register to reduce insurance premiums and receive a preferential income tax rate of up to 3%, as well as an exemption from paying 20% VAT when selling your software. We prepared the documents and sent them to the Ministry of Digital Development in October 2022, and in November we received a positive decision. The principal now uses preferences when developing his business. Over the course of a year, thanks to registration with the Ministry of Digital Development, he managed to save more than 6,000,000 rubles.
Another opportunity that interests software owners is receiving grants for development. And this is also impossible without entering the software into the Ministry of Digital Development register.
We were contacted by a company that develops software to solve industry problems in the field of education. Registration of software in the Russian software register needed to receive non-repayable funding for IT projects from the state. We checked the software for registration capabilities. Then we prepared an extensive list of documents and sent them to the department. We quickly received a positive decision. The client has already started participating in competitions.
To independently register Russian software, the applicant needs a confirmed account on the unified portal of State Services and digital signature. Without this, you will not be able to submit your application.
Typically, interested parties first want to register the software with Rospatent, and then in the register of the Ministry of Digital Development (Ministry of Telecom and Mass Communications). Since for registration in the last instance, documentary evidence of ownership of exclusive rights to an object is a prerequisite, and the Rospatent certificate confirms this fact.
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