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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 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

(as amended on 17-06-2021)

According to Article 1249 of the Civil code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed 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.

2. Recognize invalid acts of the Government of the Russian Federation according to the list according to appendix.

Russian Prime Minister

V. V. Putin

Approved by the Order of the Government of the Russian Federation of December 10, 2008 No. 941

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. This Provision establishes the list 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 for which making patent and other fees according to appendix No. 1 are collected (further respectively - duties, legally significant actions), their sizes, procedure and payment due dates, and also the bases for duty relief, reduction of their sizes, delays of their payment or return.

2. Ceased to be valid according to the Order of the Government of the Russian Federation of 15.09.2011 No. 781

3. Duties are deposited to account, opened by territorial authority of the Federal Treasury for accounting of receipts and their distribution between budgets of the budget system of the Russian Federation, and are subject to transfer in the income of the federal budget.

paragraph two of ceased to be valid

4. Payment of duties is performed by the legal entities and physical persons which in accordance with the established procedure addressed for making of legally significant actions or persons acting according to their order.

5. The document confirming payment or surcharge of duty is the order about implementation of money transfer on the settlement account opened according to Item 3 this provision (further - the payment document). The payment document shall belong to one legally significant action for which the duty is paid.

In 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, the certificate is specified. 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.

The payment document or its copy at the initiative of person who addressed for making of legally significant action, can be attached respectively to documents or materials of the request, the petition, the statement, objection or the message on payment.

5(1). The duties provided by subitems 1. 24, 2.16 - 2.18, 3.6.1, 3.15. 1, 3.18 appendices No. 1 to this Provision, are not levied if change of information about the applicant (owner) is caused by requirements of legal acts of the Russian Federation, subjects of the Russian Federation.

6. The duty paid according to this Provision is not subject to return, except as specified:

payments of duty in the amount of, exceeding the size established by this Provision;

refusal of the applicant of making of legally significant action to the request for its making in authorized body;

payments of duty on legally significant action which was not made.

In case of adoption by authorized body of the decision on cessation of production on objection (statement) 50 percent of the amount of the paid duties provided by subitems 1.28 are subject to return. 3, 2.28. 4, 2.28. 5, 2.28. 8, 2.28. 9, 2.30 - 2.32 appendices No. 1 to this Provision.

In case of the direction authorized body of the non-availability notice of the bases for carrying out information search in the request for the invention, useful model, industrial design 50 percent of the amount of the paid duties provided by subitems 1 are subject to return. 8, 1.9.1, 1.9.2, 1.10, 1.11 appendices No. 1 to this Provision.

According to the petition of the payer of means, arrived on account of duty, or excessively paid amount return or set off on account of other duties provided by this Provision which payment is admissible for date of submission of the petition.

Return is performed within a month from the date of receipt of the petition.

The petition for return or offsetting of the means which arrived on account of duty (excessively paid amount of duty) can be submitted within 3 years from the date of payment of the corresponding duty.

The petition moves the payer in body, authorized to make legally significant actions for which the duty is paid.

To the petition for return or offsetting of the means which arrived on account of duty (excessively paid amount), the payment document or its copy can be on own initiative enclosed by the payer.

6.1. Ceased to be valid according to the Order of the Government of the Russian Federation of 23.09.2017 No. 1151

7. Compliance of the size of the paid duty to the established size is determined on receipt date of documents or materials of the request, petition, statement, objection.

For the duties provided by subitems 1. 18, 1.19, 1.21, 2.11 - 2.14 of appendix No. 1 to this Provision, compliance to the established size is determined for date of their payment.

In case of receipt of the petition for offsetting of the means which arrived on account of duty (excessively paid amount) on account of other duties provided by this Provision compliance to the established size of duty is determined on receipt date of the petition for offsetting of means.

The size of the duties provided by subitems 1.1 - 1.20, 1.22 - 1.27, 1.29, 2.1 - 2.27, 3.1 - 3.19 of appendix No. 1 to this Provision, decreases by 30 percent in case of the appeal to authorized body behind implementation of legally significant actions electronically.

7(1). The duty provided by subitems 3.1 - 3.4 appendices No. 1 to this Provision, is paid along with the duty provided respectively by subitems 3.11 - 3.14 appendices No. 1 to this Provision if the license (sublicensed) agreement, the agreement on alienation of exclusive right, the pledge agreement of exclusive right, transition of exclusive right to other person without agreement belong to the patent for the invention, and (or) useful model, and (or) industrial design, and (or) the certificate for useful model and at the same time to the trademark, service mark.

In case of modification of the specified license (sublicensed) agreement, the agreement on alienation of exclusive right, the pledge agreement of exclusive right the duty provided by subitem 3.6.1 of appendix No. 1 to this Provision is paid along with the duty provided by subitem 3.15.1 of appendix No. 1 to this Provision.

In case of entering into the specified license (sublicensed) agreement, the pledge agreement of exclusive right of the changes connected with amendment of the agreement the patent for the invention, and (or) useful model, and (or) industrial design, and (or) the certificate for useful model, and (or) the certificate for the trademark, service mark, the duty provided by subitem 3.6.1 of appendix No. 1 to this Provision is paid along with the duty provided by subitem 3.15.2 of appendix No. 1 to this Provision.

In case of termination of such license (sublicensed) agreement, the pledge agreement of exclusive right the duty provided by subitem 3.7 of appendix No. 1 to this Provision is paid along with the duty provided by subitem 3.16 of appendix No. 1 to this Provision.

8. Payment of duties is made within 2 months from the date of the direction (exposure) by authorized body of the notifying document on charge of the corresponding duty (further - the notifying document).

Duties which payment due date is established by Items 9 - the 11th this provision are subject to payment based on the notifying document before the expiration of fixed term of payment.

Payment of duty can be made by the payer on own initiative according to this Provision before receipt (exposure) of the notifying document.

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