Registration of Software with Rospatent and Minцифра: What It Offers Developers and Businesses in 2026

Let’s break down what can be registered with Rospatent, what advantages it provides, and what will change in 2026 with the adoption of the new law on patenting IT solutions.

What can be registered with Rospatent

There are three ways to protect rights on a program: register the source code with Rospatent, get a patent for the algorithm, or patent the interface design.

Objects for registration

What qualifies for code registration

Rospatent registers the copyright on code as a literary work. Therefore, any unique code can be protected: a website page, CMS, mobile application, software for Windows, macOS, Linux.

Examples of objects:

• Web applications and SaaS platforms.

• Mobile applications (iOS, Android).

• Desktop software.

• Database management systems.

• Corporate ERP/CRM systems.

• Antivirus solutions.

• Drivers and system software.

• Games and multimedia applications.

Important: If more than 50% of the source code is changed or additional functionality is added, a new certificate must be obtained.

What registration provides: 6 key advantages

There are currently more than 386 thousand registrations of software and database programs in Russia. Rospatent reports a 14.1% increase in software applications compared to 2024. In total, more than 45.7 thousand applications were received in 2025. Among them, 108 applications were from developers in new regions. Why are more and more developers taking advantage of this opportunity?

1. Code Protection from Copying

Problem without registration: In court, you will have to prove that you are the author of the code.

With registration: The rights of the program owner, confirmed by a certificate, eliminate the need to prove their legitimacy. According to Clause 3 of Article 1262 of the Civil Code of the Russian Federation, the information entered into the Register of software programs is considered reliable unless proven otherwise.

What this means in practice:

How this works in practice:

The company discovered a clone of its website. The source code was registered with Rospatent. First, they sent a claim to the violator — it was ignored. They threatened with a lawsuit. Result: the next day, the violator removed the site.

2. Official Confirmation of Rights

The certificate records three critically important facts:

• The right holder

• The author(s)

• The registration date

The registration date is a key element for priority disputes. If two developers claim rights to similar code, the advantage goes to the one who registered it first.

The right holder can register exclusive rights to the software at any time during the term of exclusive rights.

3. Monetization through Licenses and Sales

With the appropriate rights, programmers can sell their code to another person or transfer its usage under a license.

Monetization Options:

Without evidence, each transaction requires additional justification of rights — this complicates negotiations and increases legal risks.

4. Increasing Business Value through Intangible Assets

Registered software can be placed on the company’s balance sheet as an intangible asset.

Why this is important:

The process of technology development should be considered as the creation of an intangible asset, and the costs incurred should be treated as investments in intangible assets. This approach will allow for optimal accounting, improving the company’s financial performance: reducing expenses and increasing non-current assets.

Two approaches to valuation:

By reflecting intangible assets on the balance sheet, you increase the company's capitalization and make the financial reporting more attractive to investors and clients.

5. Attracting Investments

For IT companies and startups, intellectual property is the main intangible asset. Before investing money, investors will want to make sure that the rights to the developments truly belong to the company.

What the investor checks during due diligence:

[x] The rights to the code belong to the company, not to individuals.

[x] There is documentary evidence (certificate).

[x] There are no risks of claims from former employees.

[x] The software can be accounted as an asset.

[x] Protection against copying by competitors is possible.

To account for the development as an asset and attract investment, you need to:

• Identify what can become an intangible asset;

• Document it as an intellectual work result — register it with Rospatent;

• Confirm its value through evaluation;

• Instruct the accountant to record it.

6. Simplified inclusion in the MinDigital register

Registration with Rospatent allows you to add the program to the Russian software register and receive benefits for developers. I will explain these in more detail further.

Why does the Rospatent certificate simplify the process?

Unlike Rospatent, MinDigital requires documents that serve as the basis for the rights to the program — a transfer agreement, a development agreement, internal documents for service development. The certificate acts as additional confirmation of the basis for the rights and proves that the program does not contain State Secrets.

Registration of source code with Rospatent

To register the source code with Rospatent, you need to prepare and submit an application for registration.

The application documents include:

• Application;

• Program code and its description (abstract);

• Consent to the processing of personal data;

• Consent from the author to indicate information about them;

• Power of attorney if the documents are submitted by someone other than the applicant.

• Document confirming payment of the fee of 5000 rubles.

Forms and samples of documents can be found on the Rospatent website.

You can submit the application:

• through the FIPS website (a division of Rospatent)

• through the “Gosuslugi” portal

• by mail to the address: Rospatent, Berezhkovskaya nab., 30, building 1, Moscow, G-59, GSP-3, 125993, Russian Federation;

• in person at Rospatent at the address: Moscow, Berezhkovskaya nab., 30, building 1

Software registration is quite fast – the entire process takes from 3 days to 2 months.

Then it will only be necessary to obtain a certificate for the software. Upon registration, the software is entered into the open registry of Rospatent. Information about the author, rights holder, registration date, and a brief description is published in the public domain. Access to the source code is closed.

Minцифры — registry of Russian software

The registry of Russian software is an official list of software products recognized as domestic. The registry is maintained by the Ministry of Digital Development, Communications and Mass Media of the Russian Federation.

The purpose of this registry is import substitution and support for Russian IT developments. It was created to stimulate the use of domestic IT solutions in government bodies, state corporations, and other budget organizations. It is also a mechanism for digital sovereignty aimed at reducing dependence on foreign technologies.

Since 2018, state companies are legally prohibited from purchasing foreign software if a similar one exists in the registry. And starting in 2025, customers listed in law No. 223-FZ are completely prohibited from using foreign programs on significant objects of critical information infrastructure.

Benefits of inclusion in the Minцифры registry:

• Exemption from VAT — at the time of writing this article, the benefit continues to be valid.

• Preferences when participating in government procurements.

• Contracts from government institutions are received by companies with products from the Minцифры registry in 90% of cases.

• Placement on the marketplace for Russian software.

• Simplified accreditation for IT companies.

The requirements for inclusion in the Minцифры registry are significantly stricter.

• Applications can be submitted by individuals and legal entities, but with restrictions: more than 50% of the founders in the authorized capital must be citizens of the Russian Federation.

• According to paragraph 2.1.9 in the Methodological Recommendations of the FGIS Software Registers, the rights holder cannot spend more than 30% of the received revenue on licenses for foreign suppliers whose components can be used in the software.

• Warranty and technical support are provided within the Russian Federation.

Another important feature: an application for inclusion in the register can be submitted only once a year. If a refusal is received, you will have to wait 12 months.

Comparative table: software registration with Rospatent and the Ministry of Digital Development

What will change in 2026: Patent registration of IT solutions

Currently, computer programs in Russia are protected only by copyright. However, last autumn, a draft bill No. 922784-8 was submitted to the State Duma, which proposes expanding patent protection for technical solutions implemented in programmable tools.

The adoption of the patent law for IT developments in 2026 is extremely important to support the Russian innovation sector in the IT field.

This year, we expect all stages of the discussion of this bill in the State Duma to be completed. The bill will clarify the nuances of patenting IT developments: what is patented as an invention and what as a utility model or industrial design. This is a very important aspect to ensure that our IT market is protected by the highest global standards, and that our entrepreneurs feel comfortable when exporting developments, — emphasized the head of the Russian Patent Office, Yuri Zubov. — Competition in this industry is enormous, especially in the AI development sector. We have many strong players: their interests must be protected.

What will be possible:

If the changes are adopted, Article 1350 of the Civil Code will include a provision stating that an invention can be a technical solution implemented in a programmable device or related to a method carried out using such a device.

FAQ: 10 frequently asked questions about software registration

Is it mandatory to register a program with the Russian Patent Office?

No. Copyright arises automatically at the moment of creation. However, without registration, you will have to prove authorship in court using indirect evidence (git history, correspondence, witnesses). A certificate eliminates the need to prove the legality of rights — the information in the registry is considered reliable unless proven otherwise.

Can a program be registered with both the Russian Patent Office and the Ministry of Digital Development?

Yes, it is recommended. The systems serve different purposes: Rospatent protects copyright, and the Ministry of Digital Development offers tax benefits and access to government procurement. Rospatent's certificate is accepted by the Ministry of Digital Development as an additional document confirming the rights to software, which simplifies the procedure for inclusion in the register.

What to register — the entire code or just part of it?

Rospatent recommends submitting no more than 50 pages — excerpts of the most important, unique code and screenshots of the interface. Protect the key modules that form the basis of functionality. It is not required to store the full code at Rospatent.

Will the certificate protect against copying functionality?

No. Copyright protects the specific form of expression (the code), but not the idea or functionality. A competitor can implement the same logic with different code — and that is legal. A patent is needed to protect algorithms. Bill No. 922784-8 secures the possibility of protecting technical solutions implemented in programmable means as inventions.

What to do if there are several authors in the team?

List all authors in the application and attach their consents. The copyright holder may be a company (if the authors are employees and the software was created as part of their job responsibilities) or individual co-authors.

Do I need to register each version of the program?

If more than 50% of the original code changes or additional functionality is added, a new certificate is required. Minor updates (bug fixes, small improvements) do not require separate registration.

Can the registration process be expedited?

Currently, Rospatent does not offer expedited registration services for software. The only way to shorten the timeframe is to submit correct documents the first time, without errors and requests for corrections.

What happens if I don't pay the annual fees?

There are no annual fees for the certificate for a program — it is a one-time payment at registration. The certificate is valid for the entire copyright protection period without renewal. Annual fees are only required for patents on inventions.

When will algorithms be patentable in Russia?

The draft bill № 922784-8 was passed in the first reading in 2025. If the changes are approved, Article 1350 of the Civil Code will include a provision stating that an invention may be a technical solution implemented in a programmable device. The expected date of entry into force is 2026. Keep an eye on the legislation and prepare patent applications in advance.

Conclusion

Registering software with Rospatent is an investment that covers basic legal risks: disputes over authorship, claims from former employees, questions from investors during independent business evaluations before deals, and difficulties with asset registration.

With the adoption of the bill on patenting IT solutions in 2026, there will be another level of protection — the ability to patent algorithms and interfaces. The combined approach (certificate + patent) will become the new standard for serious technology companies.