Registration of computer programs with Rospatent

Who can apply 

The right to file an application for state registration of a computer program with Rospatent belongs to the right holder, i.e. a legal entity or an individual who has the exclusive right to the work. This can be both the author himself and the organization to which this right has been transferred by law or contract. 

1. Legal entities that are owners of exclusive rights

The most common case is when the program is developed within the framework of labor relations or by order, and the exclusive right belongs to the employer or customer. It is such a person who has the right to file an application on his own behalf. In this case, it is necessary to confirm the basis for the transfer of rights: an employment contract, an act of acceptance and transfer, an alienation agreement, etc. 

2. Foreign companies

Foreign legal entities can also register a computer program in Russia, but only through a patent attorney registered in the Russian Federation. In this case, it is necessary to submit documents confirming the authority of the representative and ownership of the program. 

3. Authors as applicants

If the exclusive right remains with the author (for example, when creating a program outside the framework of labor or contract relations), he has the right to submit an application independently. At the same time, in the certificate, he will be indicated both as the author and as the copyright holder. 

4. Co-authorship and collective applications

If several authors worked on the program, it is possible to indicate all of them as part of one application. The exclusive right can belong to both one of them and a third party, for example, the company for which the development was carried out. The application indicates the distribution of roles and rights. 

5. Representation by Power of Attorney

The application can be filed through a representative – an individual acting on the basis of a power of attorney, or a patent attorney. In this case, a document confirming the authority of the representative shall be attached to the application.

Procedure for registering a program with Rospatent 

State registration of computer programs is carried out in a simplified administrative manner, without conducting an examination on the merits. Rospatent checks the compliance of documents with the formal requirements, after which information about the program is entered into the Register and a registration certificate is issued. 

1. Preparation of documents

All materials necessary for the application are collected and drawn up.  

• Application for registration (in the prescribed form); 

• Description of the program (abstract) – with a brief summary of the purpose, functionality, scope of application; 

• Information about the author(s); 

• Information about the copyright holder; 

• Power of attorney – if there is a representative; 

• A document confirming the payment of the fee. 

The attachment of the source code is not mandatory, but is possible at the request of the applicant. 

2. Submission of the application

The application can be submitted electronically through the FIPS portal or on paper. The date of submission is the day of receipt of all necessary documents by Rospatent. 

3. Formal review of the application

Rospatent checks: 

• completeness of the set of documents; 

• correctness of filling out the form; 

• availability of the necessary information about authorship and the right to file. 

Substantive examination (for novelty, uniqueness, etc.) is not carried out. The object is checked only for compliance with the features of the program as such. 

4. Entry into the register and issuance of a certificate

In the absence of comments, Rospatent enters the program into the State Register of Computer Programs and issues a certificate of state registration to the applicant. It records: 

• date of registration; 

• number; 

• information about the author and copyright holder; 

• name of the program; 

• date of application. 

From this moment on, information about the right becomes officially public.

Required materials for registration 

To register a computer program with Rospatent, it is necessary to prepare a set of documents that meets the requirements of the Order of the Ministry of Economic Development No 482 of 29.12.2008.  

1. Application for state registration

It is submitted in the prescribed form and contains: 

• full name of the program; 

• information about the author or authors (full name, citizenship); 

• information about the right holder (legal entity, INN/OGRN, address); 

• the grounds for acquiring exclusive rights (for example, an employment contract, an alienation agreement); 

• method of submission and receipt of documents; 

• signature of the applicant or his representative. 

2. Abstract (description of the program)

A brief description of the program, revealing its purpose, functions, scope of application, main characteristics. The description must not include know-how, confidential data, or detailed code — it is intended to register, not to reproduce the object. 

The recommended volume is from 500 to 1000 characters. 

3. Information about the authors

Surname, name, patronymic, date of birth, citizenship, address of residence are indicated. If there are several authors, information is provided for each. 

If the author refuses to mention, this must also be reflected in the application. 

4. Information about the right holder

For legal entities: name, legal form, INN, OGRN, legal address. 

For foreign companies, the data of the representative (patent attorney), legalized documents on the right to the program. 

5. Documents confirming the right to submit an application

For example: 

• a copy of the employment contract with the developer; 

• act of acceptance and transfer of the result of work; 

• agreement on the alienation of rights; 

• license agreement (in terms of confirmation of ownership of the right). 

6. Power of Attorney

If a representative is engaged in filing, a power of attorney is attached. For patent attorneys – with an indication of the registration number in Rospatent. 

7. Receipt of payment of the fee

The fee is paid before filing the application. The amount is 4,500 rubles for legal entities (for 2025). The payment order is attached to the application materials. 

8. If necessary, a fragment of program code

This document is not mandatory, but can be attached at the request of the applicant for additional identification of the object. We recommend that you not submit the complete code, but the key parts that ensure the uniqueness of the architecture.

Terms and cost of registration 

Registration of computer programs in Rospatent is an administrative procedure and is characterized by relatively short processing times and a fixed fee. However, failure to comply with the requirements for the execution or completeness of documents may lead to suspension or refusal of registration. 

Registration Deadline

• The standard consideration period is up to 2 months from the date of receipt of a complete set of documents by Rospatent. 

• If submitted through electronic services and there are no comments, the actual period may be shorter - from 3 to 6 weeks. 

• In case of defects or requests from Rospatent, the period is extended for the period of their elimination. 

Amount of the state fee

As of 2025, the amount of the fee is: 

• 4,500 rubles — for registration of a computer program in the name of a legal entity; 3,000 rubles — for an individual (including an individual entrepreneur); 

• 1,400 rubles — for making changes to an already registered record (for example, changing the copyright holder, address, etc.); 

• 900 rubles - for the issuance of a duplicate certificate. 

The fee must be paid before filing the application. The receipt is attached to the set of documents. 

Additional costs

• Registration of the transfer of rights (alienation, license) — a separate fee; 

• Restoration of missed deadlines – paid additionally; 

• Patent attorney services (if filed through a representative); 

• For international registration, notarized translations, apostilles, legalization.

What does registration give and how does the exclusive right work? 

From the moment of state registration of a computer program in Rospatent, the right holder receives an official title of protection — a certificate confirming the existence of exclusive rights. Although copyrights themselves arise by virtue of the fact of the creation of a work, registration fixes them legally, makes the rights public and facilitates their protection and implementation. 

Confirmation of the exclusive right

The exclusive right gives the right holder the opportunity to: 

• use the program at your own discretion (placement, reproduction, distribution, revision, etc.); 

• allow or prohibit the use of the program by third parties; transfer rights in whole or in part under the contract; 

• to recover compensation for violation of rights. 

Registration makes the right obvious to third parties and eliminates the need to prove authorship and priority in the event of a conflict. 

Publicity of law

After registration, the information is entered into the State Register of Computer Programs. This means: 

• availability of information for counterparties, investors, authorities; 

• the ability to refer to the registry number in contracts; 

• legal transparency in the alienation or licensing of the object. 

Duration of the exclusive right

According to Article 1281 of the Civil Code of the Russian Federation: 

• the exclusive right is valid for the entire life of the author and 70 years after his death; 

• if the right belongs to a legal entity, the term is calculated according to the author (for example, an employee or contractor who created the program); 

• The expiration of the term makes the program public domain. 

Commercial Use and Transfer of Rights

A registered program can: 

• be accounted for as an intangible asset (IA); 

• be used in the authorized capital; 

• be transferred under a license agreement; 

• be included in the franchise package; 

• be used when applying for a grant, attracting investments.