Psoftware registration in the register of the Ministry of Digital Development differs significantly from that in Rospatent. Both cases have their own characteristics, pros and cons.
Thus, a significant advantage of registering software in the registry is priority in government procurement, tax benefits and the opportunity to receive government grants. At the same time, registration with the Ministry of Digital Development takes 60–70 days and it is valid indefinitely. But if the owner changes and a foreign person becomes the owner, then the registration is terminated.
At the same time, registration with Rospatent and obtaining exclusive rights to the software makes it possible to sell rights or a license to the program, and in case of violation of rights by unscrupulous competitors, receive compensation for its illegal use. However, registration with Rospatent takes from 3 to 7 months, depending on what the applicant is claiming - a trademark, industrial design or invention. It should be noted that software even without a certificate or patent is protected by copyright, and the validity period of exclusive rights to the software is determined by the owner himself, taking into account the usefulness of the program.
The list of documents provided for software registration in the Ministry of Digital Development register also differs from that in Rospatent. In both cases, an application and a power of attorney are submitted to the representative if he is engaged in registration on behalf of the owner of the software. But if for registration in the Register it is necessary to add to the package of documents: a description of the program, instructions for its use and access to it, as well as proof that the foreigners who worked on it in the company receive less than 30% of the revenue, then for registration with Rospatent the following are provided: an abstract, part of the software code, consent to data processing and a confirmation document on payment of the fee.
The procedure for checking documents submitted for program registration is also different. For example, to register in the registry, its owners are checked to see if foreigners are involved in software development and what share they own. The functionality of the software, its purpose and functions are also taken into account.
When registering software with Rospatent, a formal examination and substantive examination are carried out without checking the function of the program and its performance.
Thus, the Register of the Ministry of Digital Development, as the Unified Register of Russian computer programs and databases, is not an analogue of Rospatent and has its own characteristics, advantages and disadvantages. It should be remembered that since inclusion in the Register is not identical to confirmation of ownership rights to the program, before releasing it to the market it is important to think about its protection, for which it is necessary to involve specialized specialists - patent lawyers and patent attorneys.
