of June 17, 2021 No. 922
About modification of the Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on geographical specifying, the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement
The government of the Russian Federation decides:
1. Approve the enclosed changes which are made to Regulations on patent and other fees for making of the legally significant actions connected with the patent for the invention, useful model, industrial design with state registration of the trademark and service mark, with state registration and provision of exclusive right on geographical specifying, the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement approved by the order of the Government of the Russian Federation of December 10, 2008 No. 941 "About approval of the Regulations on patent and other fees for making of legally significant actions connected with the patent for the invention, useful model, industrial design, with state registration of the trademark and service mark, with state registration and provision of exclusive right on geographical specifying, the name of the place of goods origin, and also with state registration of alienation of exclusive right on result of intellectual activities or means of individualization, pledge of exclusive right, provision of right to use of such result or such means on the agreement, transition of exclusive right to such result or such means without agreement" (The Russian Federation Code, 2008, No. 51, Art. 6170; 2011, No. 39, Art. 5487; 2013, No. 47, Art. 6106; 2016, No. 13, Art. 1844; 2017, No. 40, Art. 5856; 2020, No. 23, Art. 3681; No. 42, Art. 6639).
2. This resolution becomes effective from the date of its official publication, except for Items 1 - 4, subitems "an" and "b" of Item 5, of subitems "an" and "b" of Item of 6 changes approved by this resolution which become effective since August 1, 2021.
Russian Prime Minister
M. Mishustin
Approved by the Order of the Government of the Russian Federation of June 17, 2021 No. 922
1. In paragraph six of Item 6 of figure "1.8, 1.9.1, 1.9.2" to replace with figures "1.9".
2. Item 11 in paragraph three:
a) exclude the words "and 2.11 - 2.13";
b) the words "2.4, 2.5 and 2.14" shall be replaced with words "2.4 and 2.5".
3. In Item 19:
a) in the paragraph the second shall be replaced with words the words "about information search" "about the international search or search of the international type", to replace the word "information" with the word "corresponding";
b) add with the paragraph of the following content:
"In the presence in the request for patent grant of the Russian Federation for the invention or in the request for patent grant of the Russian Federation for useful report model about preliminary information search and the conclusions by results of the provisional estimate of patentability of the invention or useful model prepared by the Russian scientific or educational organization accredited by Federal Service for Intellectual Property as the organization which can carry out preliminary information search concerning the declared inventions or useful models and provisional estimate of their patentability, the size of the duties provided by subitems 1.9 and 1.10 of appendix No. 1 to this Provision decreases by 50 percent.".
4. In Item 19 (figures "1.9.2" to replace 1) with figures "1.9".
5. In appendix No. 1 to the specified Provision:
a) declare subitem 1.8 invalid;
b) state subitem 1.9 in the following edition:
|
"1.9. |
Decision making by results of examination of the request for the invention in essence |
12500 + 9200 for each independent Item of formula over 1"; |
c) subitems 1.9. 1, 1.9.2 and 1.9.3 to recognize invalid;
d) subitems 1.18 - 1.20 to state in the following edition:
|
"1.18. |
Registration of the invention, useful model, industrial design, the publication of data on patent grant and patent grant in the form of the electronic security document |
3000 |
|
1.19. |
Issue on paper according to the petition of the owner: |
|
|
1.19.1. |
the patent for the invention, industrial design, useful model by results of examination of the corresponding requests in essence |
2000 |
|
1.19.2. |
the additional patent for the invention relating to such product as medicine, pesticide or agrochemical |
2000 |
|
1.19.3. |
the new patent for the invention, useful model, industrial design in connection with recognition by Federal Service for Intellectual Property of the disputed patent invalid partially |
2000 |
|
1.19.4. |
the patent for useful model according to the statement of the owner for transformation of the disputed patent for the invention to the patent for useful model |
2000 |
|
1.20. |
Consideration of the petition for issue of the duplicate of the patent for the invention, useful model, industrial design, certificates on useful model and decision making by results of its consideration |
800 + 2000 for issue of the duplicate of the patent on paper according to the petition of the owner"; |
e) state subitem 1.25 in the following edition:
|
"1.25. |
Consideration of the application of the owner about modification of the patent for the invention, useful model, industrial design, including the concerning information about the owner, about the author, and also corrections of the plain and technical errors (allowed by the applicant), decision making by results of its consideration |
2000 + 2000 for issue of one patent on paper according to the petition of the owner"; |
e) subitems 2.11 - 2.15 to state in the following edition:
|
"2.11. |
Registration of the trademark and issue of the certificate in electronic form |
16000 + 1000 for each of classes of the International classification of goods and services for which registration, over 5 is requested |
|
2.12. |
Registration of the collective mark and issue of the certificate in electronic form |
20000 + 1000 for each of classes of the International classification of goods and services for which registration, over 5 is requested |
|
2.13. |
Registration of geographical specifying and (or) provision of exclusive right for such geographical specifying, registration of the name of the place of goods origin and (or) provision of exclusive right for such name, issue of the certificate on exclusive right on geographical specifying or the name of the place of goods origin in electronic form |
16000 |
|
2.14. |
Issue on paper according to the petition of the owner of the certificate on the trademark, the collective mark, the well-known trademark, certificates on exclusive right on geographical specifying, certificates on exclusive right on the name of the place of goods origin |
2000 |
|
2.15. |
Consideration of the petition for issue of the duplicate of the certificate and decision making by results of its consideration |
800 + 2000 for issue of the certificate on paper according to the petition of the owner"; |
g) subitems 2.17 - 2.23 to state in the following edition:
|
"2.17. |
Consideration of the application of the owner about modification of the certificate on the trademark, the certificate on the collective mark, the certificate on exclusive right on geographical specifying or the name of the place of goods origin, including the concerning information about the owner, corrections of the plain and technical errors (allowed by the applicant), decision making by results of consideration of the application |
2000 + 2000 for issue of one certificate on paper according to the petition of the owner |
|
2.18. |
Consideration of the application of the owner about modification of the List of well-known trademarks in the Russian Federation |
2800 for each change according to one well-known trademark in the Russian Federation + 2000 for issue of one certificate on paper according to the petition of the owner |
|
2.19. |
Consideration of the application of the owner about allocation of separate registration of the trademark from the operating registration of the trademark and decision making by results of its consideration |
9000 + 2000 for issue of the certificate on paper according to the petition of the owner |
|
2.20. |
Consideration of the application about transformation of the trademark to the collective mark, names of the place of goods origin to geographical specifying, geographical specifying in the name of the place of goods origin and decision making by results of its consideration |
9000 + 2000 for issue of the certificate on paper according to the petition of the owner |
|
2.21. |
Consideration of the application about transformation of the collective mark to the trademark and decision making by results of its consideration |
6000 + 2000 for issue of the certificate on paper according to the petition of the owner |
|
2.22. |
Consideration of the application about prolongation of effective period of exclusive right on the trademark and decision making by results of its consideration |
20000 + 1000 for each of classes of the International classification of goods and services for which legal protection, over 5 + for issue of the certificate on paper according to the petition of the owner is provided 2000 |
|
2.23. |
Consideration of the application about prolongation of effective period of exclusive right on the collective mark and decision making by results of its consideration |
27000 + 1000 for each of classes of the International classification of goods and services for which legal protection, over 5 + for issue of the certificate on paper according to the petition of the owner is provided 2000"; |
h) state subitem 3.2 in the following edition:
|
"3.2. |
Consideration of the application about state registration of alienation of exclusive right on the invention, useful model, industrial design under the agreement and decision making by results of its consideration |
3300 + 1700 for each patent over 1 + 2000 for issue of one patent on paper according to the petition of the owner"; |
i) state subitem 3.4 in the following edition:
|
"3.4. |
Consideration of the application about state registration of transition of exclusive right to the invention, useful model, industrial design to other person without agreement and decision making by results of its consideration |
3300 + 1700 for each patent over 1 + 2000 for issue of one patent on paper according to the petition of the owner"; |
j) state subitem 3.12 in the following edition:
|
"3.12. |
Consideration of the application about state registration of alienation of exclusive right on the trademark, service mark under the agreement and decision making by results of its consideration |
13500 + 11500 for each trademark, service mark over 1 + 2000 for issue of one certificate on paper according to the petition of the owner"; |
k) state subitem 3.14 in the following edition:
|
"3.14. |
Consideration of the application about state registration of transition of exclusive right to the trademark, service mark to other person without agreement and decision making by results of its consideration |
13500 + 11500 for each trademark, service mark over 1 + 2000 for issue of one certificate on paper according to the petition of the owner". |
6. In appendix No. 2 to the specified Provision:
a) state subitem 1.9 in the following edition:
|
"1.9. |
Decision making by results of examination of the request for the invention in essence |
1250 + 920 for each independent Item over 1 |
3125 + 2300 for each independent Item over 1 |
4375 + 3220 for each independent Item over 1 |
-"; |
b) recognize subitems 1.9.1 and 1.9.2 invalid;
c) state subitem 2.13 in the following edition:
|
"2.13. |
Registration of geographical specifying and (or) provision of exclusive right for such geographical specifying, registration of the name of the place of goods origin and (or) provision of exclusive right for such name, issue of the certificate on exclusive right on geographical specifying or the name of the place of goods origin in electronic form |
- |
- |
5600 |
5600". |
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