Term of protection and validity

A utility model patent shall be effective for five years; the patent term may be extended by the patent authority upon the request of a patentee, but no more than for three years.

The request for prolongation of a term for a utility model patent shall be filed with the National Center of Intellectual Property before expiration of the patent.

For keeping a patent for a utility model in force, the patent fee shall be charged for each year of the patent term, beginning from the first year, dating from the application filing with the National Center of Intellectual Property.

A patent fee payment for keeping a patent in force for each paid ended year and the subsequent year started on the date of decision on granting the patent shall be performed simultaneously with a patent fee payment for granting of the patent within two months from the date the applicant receives the decision to grant a patent.

The patent fee for each subsequent year of the patent term shall be paid within the current paid year of such patent term. The patent fee for any year of the patent term may be paid within six months from the date of start of a regular unpaid year of the patent term. In such case, the patent fee rate will be increased by 50 percent.

If the effect of the patent has been terminated due to failure to pay the patent fee for keeping a patent in force in due time, and the patent term has not expired, then, upon the request of the patent proprietor, the effect of such patent may be restored on condition of payment of arrears on the patent fee and the patent fee for restoration of the patent effect in the established amount.