Rules on Remuneration for Employee's Inventions, Utility Models, and Industrial Designs for 2021 - 2026 approved
A new version of the Rules on remuneration for employee's inventions, employee's utility models, and employee's industrial designs was approved by the Ruling of the Government of the Russian Federation No. 1848 of November 16, 2020.
The Rules replace the previous rules approved on 2014. The amounts of remuneration to employee inventors are calculated as follows.
Grounds for Remuneration | Amount of Remuneration | Terms of Payment |
Creation of an invention/utility model/industrial design |
| Within 2 months of the date of the patent grant or the employer’s decision to keep the information in secret |
Within 18 months of the filing date, if the employer failed to receive the patent because of circumstances under his control. | ||
Use of employee’s invention by the employer | 3 average monthly wages for previous 12 months during which the invention/model/design has been used | After expiration of each 12-month period while this invention remains in use. |
Use of employee’s utility model or industrial design by the employer | 2 average monthly wages for previous 12 months during which the model/design has been used | After expiration of each 12-month period while this model/design remains in use. |
License agreement regarding employee’s invention/ model/ design | 10% of the employer’s license fee | Within one month of the date the employer received the license fee. The remuneration is distributed equally between co-authors, unless provided otherwise by a co-authors agreement. |
Assignment of rights for employee’s invention/ model/ design | 15 % of the employer’s assignment fee | Within one month of the date the employer received the assignment fee. The remuneration is distributed equally between co-authors, unless provided otherwise by a co-authors agreement. |
The remuneration shall be paid to the employee even if the employment is terminated.
As before, an agreement between the employer and the employee(s) establishing the size, conditions and the way of payment of the remuneration supersedes the Rules.