The Ministry of Education and Science of the Russian Federation

by Order No. 325 of 29.10.2008 has approved Administrative Regulations of implementation by RosPatent of government function on organization application acceptance on industrial design and their considerations, and also examination and issue industrial design patents in accordance with the established procedure in the Russian Federation.
Previously the order of drawing up, filing and consideration of application for industrial design patent was regulated by corresponding Rules approved by Order No. 84 of RosPatent of 06.06.2003. With effect of the Administrative Regulations the given Order will become invalid.
The Innovations of the Administrative Regulations are as follows:
1. Particular persons to have the right to apply are defined. The initial right to get the industrial design patent belongs to the designer. The right to obtain the patent for a company’s industrial design belongs to the employer. Acknowledgement of the right to obtain the patent is not required any document.
2. The dates of consideration, examination of industrial design application, patent grant, responses to the applicants’ requests are determined. So the response to the written request to get an advice shall be given within 30 days since the date of registration of the request at Rospatent. Admissible terms for consideration of requests, applications, letters and terms for responses to them shall not exceed 1 month. After substantive examination, an Office Action (decision, notice or request) shall be issued not later than 12 months from the date of the Official Filing Receipt. The Response to the Office Action is considered within not more than 2 months from the correspondence date. The term of design patent issue is 2 weeks since publication date in the Official Bulletin of RosPatent.
3. The list of products protected as industrial designs is expanded. Interiors fall into the above products.
4. It is necessary to understand that a group of industrial designs are not only the variants of decisions determining appearance of the same product as a whole as it was earlier, but also decisions of the same kind to determine the appearance of a product as a whole, and another (others) - appearance of an independent part (parts). The given innovation involves legally significant consequences, and also changes in payment of Official fee. The additional fee for examination is charged for each version of the industrial design in excess of one (previously it was in excess of five, and the fee was united for filing and examination), and also for each industrial design from a group of designs in excess of one (a whole and a part).
5. To the list of decisions not to be protected as industrial designs it was added decisions in particular capable to mislead consumers concerning the manufacturer and (or) place of production of a product (goods) for which the product serves as a container, packing, emblem, label.
6. Industrial design is characterized by features of appearance of a product. The regulations define essential and nonessential features: essential features give visual impression and they are lines, contours, product decor, structure or texture of material of a product and/or its ornamentation; nonessential features are those ones which exception will not change visual impression of appearance of a product.
7. Changes in quantity of representation in images of product are made. All images are represented in triplicate.
8. New application forms on design patent grant are approved, and also sample forms of the request for change in the name of the designer, name of the applicant, name of the representative, in the address, request for the change of the name of the applicant, request for correction of the mistake (s) are recommended.

After publication of Administrative Regulations, procedure of design patent granting will become more transparent and well-ordered.
Simultaneously we would like to remind that:

1. The term of industrial design patent is estimated from the filing date of an initial application with RosPatent, and is 15 years subjected to renewal for 10 years at the patent holder’s request.
2. The amounts of Official fees for fulfillment of legally significant actions with respect to the industrial design patent have been changed.
In the table you can find Official fees for non-residents in rubles:

1.	Registration of application for Russian industrial design patent (further - industrial design application) and decision-making after formal examination	2700 + 270 for each point of essential features of industrial design in excess of one
2.	Filing Amendments to the Application materials at the applicant’s request after 2 months since filing date.	1350 + 4320 for each new point of essential features of industrial design made a group of designs (whole and a part) + 270 for each new point of essential features of industrial design (versions)
3.	Examination of industrial design application and making decision after its completion	5400 + 4320 for each industrial design in excess of one made a group of designs (whole and a part) + 270 for each version of industrial design in excess of one
4.	Extension of term for the response to the Office Action after examination (for every month of extension):
4.1.	Up to 6 months	540
4.2.	from 6 to 10 months	1350
5.	Restoration of missed term for filing documents or additional materials on examination’s request, filing request for substantive examination or filing the claim with the Chamber of Patent Disputes of the Federal enforcement authority on intellectual property:
5.1.	If the petition is submitted within 6 months	2160
5.2.	If the petition is submitted after 6 months	8640
6.	Registration of industrial design and issue an industrial design patent	10800
7.	Annual duties on maintenance in enforce of patent for the invention or patent for the industrial design for patent years counting from application date:
7.1.	3rd annuity	2700
7.2.	4th annuity	2700
7.3.	5th annuity	4050
7.4.	6th annuity	4050
7.5.	7th annuity	5400
7.6.	8th annuity	5400
7.7.	9th annuity	8100
7.8.	10th annuity	8100
7.9.	11th annuity	12150
7.10.	12th annuity	12150
7.11.	13th annuity	16200
7.12	14th annuity	16200
7.13	15th annuity	20250
7.14	16th annuity	20250
7.15	17th annuity	20250
7.16	18th annuity	20250
7.17	19th annuity	27000
7.18	20th annuity	27000
7.19	21st and subsequent	36000

Please feel free to contact me at the under mentioned contact details in the event of any query.

Sincerely yours,
Mrs. Ivaschenko Oksana Ivanovna
Russian Patent and Trademark Attorney, Eurasian Patent Attorney
In & on behalf
Dr. Samir Rahman, International Department Manager +7(495)232-39-68