Rospatent’s clarifications on the Statute on Fees as amended

The Russian Patent and Trademark Office has issued clarifications regarding some typical questions on the new Statute on Fees, effective in the Russian Federation from October 5, 2024.

1. Payment of fees for patent maintenance

Under the new Statute, patent maintenance fees are paid in five-year increments. The fee for the first five-year period shall be paid alongside the registration, publication, and issuance fees. Fees for each subsequent period are due during the last year of the previous five-year period or within an additional six-month grace period at a 50% surcharge.

This new payment procedure also applies to patents issued before October 5, 2024.

If part of the maintenance fee has been paid for an incomplete five-year period, the remaining amount shall be settled during the year of the patent’s validity for which the patent maintenance fee has already been paid, or within the additional six-month grace period.

2. Payment of fees during the transition period

Many applicants may face confusion as to whether to pay the new fees, or follow the previous rules.

Generally, the due fee amount is to be determined by the date of receipt of the relevant document (application, request, objection).

For example, a patent application filed on October 1, 2024 requires payment based on the Statute on Fees effective that day (i.e. the previous version). An electronic filing qualifies for a 30% discount. The same will be true for any patent, utility model, industrial design or trademark application filed on or before October 4, 2024.

If a request for substantive examination on a patent application is submitted on December 6, 2024, i.e. after the new Statute on Fees takes effect, the fee will follow the Statute on Fees as amended, and no discount will apply.

For the registration, publication, patent and certificate issuance with respect to inventions, utility models, industrial designs, and trademarks, the due fee amount is determined by the payment date.

However, if a payment notice specifying the required amount had been sent to the applicant before the amendments came into force, the fee shall be paid as indicated in the payment notice. Such payment notice, for example, is usually included into trademark registration decisions.

If the fee is paid incorrectly before October 5, 2024, the applicant shall make an additional payment up to the amount valid on the date of the first payment.

3. Fee Privileges for Applicants

The list of applicants eligible for fee privileges has been expanded.

For example, fee privileges are available for groups of applicants that are small businesses, accredited educational institutions, or scientific organizations.

Mixed teams of applicants (e.g., a pensioner and an individual entrepreneur) can also receive privileges, allowing the group to benefit from the maximum fee reduction applicable to any member. Previously, mixed teams were not eligible for such privileges.