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What You Need to Know About the New Schedule of Patent and Other Fees in Russia

2024-11-20 15:55
The amendments to the Schedule of Patent and Other Fees were implemented on October 5, 2024, through Resolution No. 1278 of the Government of the Russian Federation, dated September 18, 2024.

These amendments introduced two significant changes to the Schedule of Patent and Other Fees:

  1. Elimination of E-Services Discounts: Fee reductions for using Rospatent’s e-services to file patent, trademark, or other applications electronically are no longer available.
  2. Annual Patent Fees must now be paid in five-year increments, starting with the first period.

As a result, once a Decision to Grant a Patent is issued, the applicant must pay a fixed fee of 10,000 RUB. This fee covers:

  • Patent publication in the state registry,
  • Issuance of an electronic certificate, and
  • Annual fees up to the end of the 5th year from the filing (or priority) date.

This payment must be made within two months of the decision date and applies to all patents, including those for inventions, utility models, and designs.

Practical Implications

These changes create challenges in calculating fees, especially for active patents nearing their annuity deadlines.

For example:

  • If the 8th annual fee has already been paid, and the 9th annual fee is due after October 5, 2024, both the 9th and 10th annual fees must be paid by the deadline. Subsequent fees for the next five-year period would then be payable two years later, at the end of the 10th year.

The most complex issue involves calculating fees for the initial five-year period for patents already granted.

According to unofficial but widely circulated Rospatent recommendations (shared in writing and via phone inquiries), calculations should proceed as follows:

  • If the 3rd annual fee has been paid, and the 4th annual fee is due after October 5, 2024, all unpaid fees for the first five years must be paid. These fees are calculated using the formula: 10,000 RUB (current fixed grant fee) minus all previously paid fees, including the grant fee, and the 3rd annual fee (for inventions), or the grant fee and 1st-3rd annual fees (for utility models).

Recommendations

Given these complexities, applicants, patentees, and their attorneys must exercise great caution when calculating upcoming annual fees to ensure compliance and avoid penalties.