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:

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

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