New Rules on Remuneration for Employee's Inventions, Utility Models, and Industrial Designs
Rules on remuneration for employee's inventions, employee's utility models, employee's industrial designs were approved by the Ruling of the Government of the Russian Federation No. 512 of June 04, 2014.
The Rules set concrete amounts of remuneration to employee inventors calculated as follows.
Grounds for remuneration | Amount of remuneration | Term of payment |
Creation of invention/utility model/industrial design |
| 2 months from the date of patent grant, or the employer’s decision to keep the information in secret |
Within 18 months from the filing date, if the employer failed to receive the patent because of circumstances under his control. | ||
Use of the employee’s invention/ model/ design by the employer | an average monthly wage for previous 12 months during which the invention/model/design has been used | After expiration of each 12-month period while this invention/model/design remains in use. |
License agreement regarding the employee’s invention/ model/ design | 10% of the employer’s license fee | Within a month from the date when the employer received the license fee. |
Assignment of rights for the employee’s invention/ model/ design | 15 % of the employer’s assignment fee | Within a month from the date when the employer received the assignment fee. |
The remuneration shall be paid to the employee even if the employment is terminated.
If several employees are coauthors of an employee’s invention/model/design, the remuneration shall be distributed among them in equal proportions, if not provided otherwise by an agreement concluded among them.
It is important to know that an agreement between the employer and the employee(s) establishing the size, conditions and the way of payment of the remuneration supersedes the Rules.