Article 23. Specifics of collecting state fees for the legal protection of intellectual property

The state fee (patent fee) is paid by the payer of the state fee before granting legal protection to inventions, utility models, industrial designs, breeding achievements, registration of trademarks, service marks, geographical indications, names of places of origin of goods, topologies of integrated circuits, programs for electronic computers or databases and agreements on the transfer of property rights to the use of programs for electronic computers and databases.

The fact of payment of the state duty (patent duty) by the payer of the state duty shall be confirmed by a payment document in paper or electronic form.

The payment document confirming the payment of the state fee (patent fee) must contain the registration number of the application or patent, the certificate and the description of the action for which the patent fee and duties were paid, as well as the taxpayer identification number.

If the state duty (patent fee) for the state examination paid shall be less than the amount specified for examination of a group of inventions, utility models, the industrial design, the state examination shall be conducted with respect to those inventions, utility models, industrial samples, which are selected by the payer of the state duty, or in the absence of such a choice, what is indicated first in the claims, utility model or in the description of the industrial design.

If the state fee (patent fee) for filing an application and conducting a state examination of a trademark and service mark is paid in an amount less than the established amount for filing an application and conducting a state examination of a trademark and service mark, the examination is carried out in relation to those classes of the International Classification of Goods and services selected by the payer of the state fee.

The payer of the state duty has the right to pay the required amount within three months from the date of receipt of the notification from the authorized body about the addition of the missing part (difference) of the state duty (patent duty).

In case of non-payment of the missing part of the state fee (patent fee) within three months from the date of receipt of the notification of the authorized body on the additional payment of the missing part of the state fee (patent fee), provision of legal protection for inventions, utility models, industrial designs, breeding achievements, registration of trademarks, service marks, geographical indications, appellations of origin of goods, topologies integrated circuits, programs for electronic computers or databases and agreements on the transfer of property rights to use programs for electronic computers and databases are not carried out. At the same time, the incomplete amount of the state fee (patent fee) paid earlier is not subject to refund.