Time:2024-10-10
According to the new Ruling No. 1278 of the Government of the Russian Federation, effective as of October 5, 2024, new official fees and a new system of maintaining a patent were set.
The key changes:
Years 1-5 included into the granting and publications fees of RUB 10,000-
Years 6-10 RUB 23,000-
Years 11-15 RUB 52,000-
Years 16-20 RUB 78,000-
Years 21-25 RUB 135,000-
Late payment surcharge Years 1-5: 100% (12-month grace period)
Years 6-25: 50% (6-month grace period)
Note: Utility Model patent is valid for 10 years maximum.
Upon grant the annuities for years 1-5 are paid automatically together with the granting and publications fees. The new 5-years fees to be paid within the year preceding the next 5-years period. If one or more of the next 5-years periods have begun/passed upon patent’s grant then, in addition to the granting fees,
the Applicant must pay the new 5-years annuities fees for all 5-years periods already begun/passed.
Example:
An application filed on December 2020 and, presume, granted a patent in December 2028. Upon grant the following annuities will be due:
Granting and publication fees (incl. the Years 1-5 annuities) + Years 6-10 annuities. The next annuities payment will be due by the end of 2030 (for the “Years 11-15” period).
Further example:
Parent application filed on December 2015; divisional application filed on December 2020 and, presume, granted a patent in December 2026. Since the validity of the patent granted for the divisional application starts on the filing date of the parent application (December 2015) then the following fees will be due on the granting date of such divisional application:
Granting and publication fees (incl. the Years 1-5 annuities) + Years 6-10 annuities + Years 11-15 annuities.
The next annuities payment for the “divisional” patent will be due by the end of 2030 (for the “Years 16-20” period).
Paying the new 5-years annuities fees for patents granted before October 05, 2024:
If upon payment of the new 5-years annuities fee the old “per year” annuities fees were already paid for one or more of the years included into the new applicable 5-years period, then the mentioned paid fees are subtracted from the 5-years annuities fee to be paid.