On 27.09.2024 the Decree of the Government the Russian Federation No. 1278 was published1. This Decree amends for the Regulation on Patent and Other Fees for Legally Significant Actions (hereinafter referred to as the - Amendments to the Regulation) and Annex No. 1 thereto (hereinafter referred to as the - new edition of Annex No. 1), according to which:
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the amount of fees is increased by an average of 10-15%;
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the list of persons exempted from paying state fees is expanded;
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the 30% discount for electronic filing of applications is cancelled (subparagraph "b" of paragraph 5 of the Amendments to the Regulation);
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new types of state fees are introduced.
The rule on the correspondence of the amount of state fee as of the date of receipt of documents or the date of payment of state fee remains unchanged.
The changes will take effect from 5 October 2024.
Patents for inventions, utility models, industrial designs
The legislator has supplemented the list of legally significant actions with new items related to the examination of objections filed with Rospatent (subparagraphs 1.27.4-1.27.8 of the new edition of Annex No.1).
Serious changes have occurred in the amount of the state fee for extending the term of validity of an exclusive right to an invention relating to a product such as drugы, pesticides or agrochemicals. The state fee has increased 33 times - from 3,000 RUB to 100,000 RUB (subparagraph 1.22 of the new edition of Annex No.1).
Table. Changes in state fees for patents
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BEFORE |
AFTER |
|
Registration of an application for the grant of a patent |
|
|
For invention - 3,300 RUB + 700 RUB for each claim of the invention over 10 |
For invention - 4,000 RUB + 1,000 RUB for each claim of the invention over 10 |
|
For utility model - 1 400 RUB + 700 RUB for each claim of the utility model over 10 |
For utility model - 2 000 RUB + 1 000 RUB for each claim of the utility model over 10 |
|
For an industrial design - 1700 RUB + 700 RUB for each industrial design over 1 |
For an industrial design - 2,000 RUB + 1,000 RUB for each industrial design over 1 |
|
Making decision on the results of the application examination |
|
|
For invention - 12,500 RUB + 9,200 RUB for each independent claim of the invention over 1 |
For invention - 14,000 RUB + 10,000 RUB for each independent claim of the invention over 1 |
|
For a utility model - 2,500 RUB. |
For a utility model - 3,000 RUB. |
|
For an industrial design - 3,000 RUB + 2,500 RUB for each industrial design of a group of industrial designs over 1 |
The state duty has not changed for the industrial design |
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Registration of invention, utility model, industrial design, publication of information, issuance of patent in the form of electronic document, maintenance of patent validity from the 1st to the 5th year of patent validity |
|
|
3,000 RUB (previously the subparagraph did not include the condition of maintenance of patent validity from the 1st to the 5th year) |
10 000 RUB. |
Trade marks, service marks
The Decree introduced new state fees in respect of means of individualization related to the the Eurasian Economic Union Treaty of 3 February 2020 (subparagraphs 2.28.10-2.28.17 and subparagraphs 2.35-2.36 of the new edition of Annex No.1).
Table. Changes in state fees for trademark/service mark registration:
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BEFORE |
AFTER |
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Registration of the application and decision on the results of formal examination |
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|
3,500 RUB + 1,000 RUB for each of the classes of the Nice Classification for which registration is requested, over 5 |
4,000 RUB + 1,000 RUB for each of the Classes of the Nice Classification for which registration is requested, over 1 |
|
Examination of the designation |
|
|
11,500 RUB + 2,500 RUB for each of the classes of the Nice Classification for which registration is requested, over 1 |
13,000 RUB + 2,500 RUB for each of the classes of the Nice Classification for which registration is requested, over 1 |
|
Registration and issuance of a certificate in the form of an electronic document |
|
|
16,000 RUB + 1,000 RUB for each of the classes of the Nice Classification for which registration is requested, over 5 |
18,000 RUB + 2,000 RUB for each of the classes of the Nice Classification for which registration is requested, over 5 |
|
Issuance of hard copy documents |
|
|
2 000 RUB. |
3 000 RUB. |
|
TOTAL: 33,000 RUB (taking into account still existing until 5 October discount for electronic filing in 30% = 23,100 RUB). |
TOTAL: 38,000 RUB. |
Reduction of grace periods:
An additional term of 1 month (previously 6 months) will be granted for payment of state fees for registration of an application for registration of a trademark or service mark, examination of a designation, registration of a trademark. The condition for obtaining this additional term is payment of the fee in 100% of the amount (previously - 50%) (clause 10 of the Amendments to the Regulations).
Expansion of the list of persons exempted from payment of state fee
The legislator added to the list (clause 12 of the Amendments to the Regulation):
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veterans of combat operations who participated in a special military operation;
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persons who took part in combat operations in the Armed Forces of the Donetsk People's Republic (DPR), the People's Militia of the Luhansk People's Republic (LPR), military formations and bodies of the DPR and LPR, starting from 11 May 2014;
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citizens who are mobilized to the Armed Forces of the Russian Federation;
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persons who are (were) taking part in a special military operation;
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prosecutors, etc.
Therefore, you should hurry up to make all necessary actions and pay state fees at the old rates, taking into account the 30% discount before the Amendments to the Regulation come into force.
1 Government Decree of 18.09.2024 "On Amendments to Decree of the Government of the Russian Federation No. 941 of 10 December 2008".