Resolution No. 1278 of the Federal Government of Russia, officially promulgated on September 18, 2024, entered into force on October 5 of the same year, which comprehensively adjusted the official fees for multiple intellectual property-related businesses. Here's an overview of the key takeaways:
1. Innovation in the payment method of patent maintenance fees
Pursuant to Resolution 1278, patent maintenance fees for inventions, utility models and industrial designs will be adjusted to be paid in a lump sum every five years, covering the 1st to 5th, 6th-10th, 11th-15th, 16th-20th and 21st-25th years of the patent validity period. The fee for the first five-year period is payable together with the registration fee, the fee for the publication of the patent grant information, and the patent grant fee in the form of electronic documents. For the maintenance fees for the subsequent five-year periods, the patentee shall complete the payment within one year before the expiration of the previous five-year period, or within six months after the expiration of the validity period (subject to an additional 50% late fee).
It is important to note that this new rule also applies to patents granted prior to the entry into force of Resolution 1278. If part of the maintenance fee of a five-year period has already been paid, the remaining amount must be made up. For example, if the maintenance fee for an invention patent has been paid to the eighth year, the fees for the ninth and tenth years must be paid and must be completed within the validity period of the patent for which the maintenance fee has been paid or within six months after the expiration of the validity period.
2. Guidelines for the payment of fees during the transition period
In terms of fee payment for the special circumstances of the transition period, the resolution provides clear guidance. In general, the amount of the fee to be paid is subject to the fee regulations corresponding to the date of receipt and dispatch of the relevant legal documents. For example, if an invention application is filed with the Rospatent on October 1, 2024 (i.e., before the entry into force of the new regulations), the registration fee and the formal examination fee will be applied according to the fee standard at the filing date (the basic fee is 3300 rubles, and an additional fee of 700 rubles for each claim exceeding 10 claims). If the application is submitted electronically, a 30% fee reduction is available. However, if the request for substantive examination is made on 6 December 2024 (i.e. after the new rules come into effect), the payment will be implemented in accordance with the new rules and the fee reduction will no longer be available for electronic filing.
Additionally, for specific fees (such as those listed in items 1.17, 1.18, 1.20, and 2.11-2.14 of Appendix 1 to the Fee Regulations, as amended by Resolution No. 1278), the payment amount is determined according to the fee regulations corresponding to the payment date. If the payment amount is specified in a payment notice issued before the new regulations take effect, the notice shall prevail. If there is an error in the fee paid before October 5, 2024, the corrective payment only needs to be made up to the amount corresponding to the first payment date.
3. Expansion of the scope of applicants for fee exemption
The resolution also further expands the scope of applicants who are eligible for fee exemption. Specifically, persons who are participating or have participated in specific military operations will be exempted from a number of fees, a list of which can be found in the newly amended Fees Regulations and its annexes. Fee waivers are also available to small businesses and collectively applicants from nationally accredited educational or scientific organizations.
Additionally, the resolution also considers the treatment of fee exemption for collectives that include applicants eligible for fee reduction. In cases where a collective of applicants comprises individuals who are entitled to different levels of fee reduction, payments will be based on the applicant who qualifies for the maximum reduction. For instance, if an invention application is jointly submitted by a retiree and a sole entrepreneur, the fees will be paid according to the privileges enjoyed by the sole entrepreneur. Prior to this, collectives containing applicants with fee reduction privileges were not included in the scope of fee reduction.
Information source: https://rospatent.gov.ru/ru/news/polozhenie-o-poshlinah-2024
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