On granting privileges on patent fees to several applicants

Perhaps someone from colleagues will be useful information about the precedent.



Two applicants on one application for invention, being small business entities, faced a situation where Rospatent refused to take into account the duty on the application with a 50% decrease, arguing that there are two applicants and this situation is not provided for in paragraph 15 of the Provisions on Fees. At the same time, the right of each of them to reduce the duty was not questioned by Rospatent.



Assuming that there are not many cases of requests for reducing the fee in accordance with clause 15 of the Provision from more than one applicant for one application, it may even be the first such case, and the practice of applying the Provision in such a situation is not formed, the applicants appealed about the analysis of the situation.

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The claimants received a reply within the prescribed period, from which it follows that since the Regulation does not contain restrictions regarding the filing of an application for granting concessions by several applicants - small business entities, the application for granting concessions will be granted.



Those. If several applicants file one patent application and each of them has the right to exemption under the patent duty as a small business entity, such benefit should be granted to all applicants.