ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 18, 2024 No. 1278

About modification of the Order of the Government of the Russian Federation of December 10, 2008 No. 941

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; 2021, No. 26, Art. 4948; 2022, No. 39, Art. 6626).

2. If at the time of payment of duty on maintenance in force of the patent for the invention, useful model, industrial design the duty is paid partially for the incomplete 5-year period, the duty in the amount of, established for the current 5-year period, less the amount of earlier paid duties on maintenance of the patent in force in the years included in the current 5-year period is subject to payment.

Approved by the Order of the Government of the Russian Federation of September 18, 2024 No. 1278

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

1. To add Item 3 after the word "open" with words to "authorized body".

2. To state paragraphs of the first and second of Item 5 in the following edition:

"5. Payment confirmation or surcharges of duty are the data received through the State information system about the state and municipal payments.

On hand about implementation of money transfer on the settlement account opened according to Item 3 this provision (further - the payment document), sequence number of legally significant action according to appendix No. 1 to this Provision, the information about the payer (surname, name, middle name (in the presence) of physical person or the name of the legal entity) and the payer's identifiers, registration requisition number, the patent, certificates, portal number of the statement in the federal state information system "Single Portal of the State and Municipal Services (Functions)" is specified (further - the Single portal). The payment document shall belong to one legally significant action for which the duty is paid. If registration number is not assigned to the request yet, in the payment document the name of the invention, useful model, industrial design, geographical specifying, the name of the place of goods origin or the short description of the trademark, service mark respectively, name or the name of the applicant are specified.".

3. Item 5 (to state 1) in the following edition:

"5(1). The duties provided by subitems 1. 23, 2.16 - 2.18, 3.5.1, 3.14.1 and 3.17 appendices No. 1 to this Provision, are not levied if change of information about the applicant (owner), the licensee, the user, the pawnbroker under the agreement on the order exclusive right on result of intellectual activities or on means of individualization is caused by requirements of legal acts of the Russian Federation, subjects of the Russian Federation.".

4. In Item 6:

a) word in paragraph five "subitems 1.28.3" shall be replaced with words "subitems 1.27.3";

b) word in paragraph six "subitems 1. 1.10, 1.11" shall be replaced with words 9, "subitems 1. 8, 1.9 and 1.10".

5. In Item 7:

a) in the paragraph the second words "subitems 1. 1.19, 1.21" shall be replaced with words 18, "subitems 1. 17, 1.18, 1.20";

b) the fourth to declare the paragraph invalid.

6. In Item 7 (1):

a) in paragraph one:

"subitems 3.11 - 3.14" shall be replaced with words words "subitems 3.10 - 3.13";

words", and (or) to the certificate on useful model" to exclude;

b) in the paragraph the second "subitem 3.6.1" shall be replaced with words words "subitem 3.5.1", "subitem 3.15.1" shall be replaced with words words "subitem 3.14.1";

c) in paragraph three:

the words "and (or) the certificate on useful model" to exclude;

"subitem 3.6.1" shall be replaced with words words "subitem 3.5.2";

"subitem 3.15.2" shall be replaced with words words "subitem 3.14.2";

d) word in paragraph four "subitem 3.7" shall be replaced with words "subitem 3.6", "subitem 3.16" shall be replaced with words words "subitem 3.15".

7. Add Item 8 with the paragraph of the following content:

"When giving request by legal entity or physical person with use of the Single portal of duty on making of legally significant actions are paid by means of the payment methods available on the Single portal. If by results of check of the fact of payment of the corresponding duty it is revealed that its payment is not made, availability of the bases for release from its payment or the bases for reduction of its size is not confirmed, the notifying document in the procedure established by the legislation of the Russian Federation goes to the specified person.".

8. In Item 9:

a) the paragraph one to state in the following edition:

"9. For payment of the duties provided by subitems 1.1 - 1.4 and 1.17 appendices No. 1 to this Provision and subitems 1.1 - 1.3 and 1.17 appendices No. 2 to this Provision, the additional term constituting 12 months from the date of the expiration specified in paragraph one of Item 8 of this provision, on condition of payment of duty in the amount of, increased by 100 percent is provided.";

b) word in paragraph three "subitems 1.10 and 1.11" shall be replaced with words "subitems 1.9 and 1.10";

c) the fourth to declare the paragraph invalid.

9. In Item 10:

a) the paragraph one to declare invalid;

b) state paragraph two in the following edition:

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