Patent Infringement

As in most jurisdictions, a Russian invention is deemed used in a product or a method if every feature listed in an independent claim (or an equivalent feature) is present in the product or is used in the method.

Unauthorized use of an invention on Russian territory represents an infringement of the patent holder’s rights.

To protect their rights, a patent holder can file a lawsuit with a local arbitration (economic) court in accordance with the defendant's address. In infringement lawsuits, forum shopping is possible when the claimant can name multiple persons as co-defendants (e.g. a manufacturer/importer, wholesalers, and retailers). In such cases, the claimant has the option to choose with which territorial court to file their action.

The local court’s decision is appealable in the same locality to the Appeal Court, whose ruling can be further appealed to the Intellectual Property Court as a cassation instance.

It is important to note that patent infringement litigation and invalidation proceedings in Russia are totally bifurcated and therefore, invalidity arguments are not considered in infringement proceedings and cannot be asserted as a defense in patent infringement cases. If an alleged or potential infringer has reasonable doubts about the validity of the patent, they should initiate an invalidation attack by filing an opposition to the Patent Office.

Sojuzpatent has broad experience in patent litigation and dispute resolution in Russia and neighboring countries. In many cases, we help our client to avoid costly litigation and to reach a favorable settlement.

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Patent Infringement litigation in Russia
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FAQs

What is the deadline for filing a divisional application in Ukraine?

Unlike Russian or Eurasian patent rules (under which a divisional application can be filed before the patent registration or before the lapse of the period allowed for challenging the refusal decision), Ukrainian legislation allows filing a divisional application only before the decision on the initial application is issued (decision of grant or refusal). This limitation is often a stumbling point for applicants familiar with Russian and Eurasian patent regulations.

Do Russian and Eurasian patent procedures include a provision for deferred examination?

Do Russian and Eurasian patent procedures include a provision for deferred examination?


Patent examination in Rospatent can be initiated within 36 months from the date of filing the patent application (for PCT national phase applications – from the international filing date).

In EAPO, the examination request can be filed within 6 months starting from the publication of the application (the publication takes place in 18 months calculated from the filing of the application or from the priority date if a priority has been claimed); however, this deferral does not apply to Eurasian PCT regional phase applications for which the examination request should be filed simultaneously with filing the patent application.


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Can an inventor file an application for an invention that was disclosed by the inventor in specialized literature earlier?

Can an inventor file an application for an invention that was disclosed by the inventor in specialized literature earlier?


There is a so-called six month novelty grace period. The disclosure of information relating to the invention by the inventor, applicant or by any person having obtained the information directly or indirectly from them (including when invention is displayed at an exhibition), as a result of which information on the subject matter of the invention has become publically available, does not destroy the novelty of the invention provided that the patent application was filed with the RUPTO within six months from the date of the information disclosure.


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Can the applicant file voluntary amendments during the processing of a Russian invention patent application?

Can the applicant file voluntary amendments during the processing of a Russian invention patent application?


It goes without saying that an applicant can file amendments to the application in response to an office action. In addition, he or she has an opportunity to file voluntary amendments (irrespective of received office actions) once, at any time after receiving the search report.


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What is the time limit for entering the national phase in Russia and neighboring countries?

What is the time limit for entering the national phase in Russia and neighboring  countries?


The time limit for entering the national phase in Russia is 31 months from the priority date (the earliest priority date if several priorities are claimed), and, if no priority is claimed, 31 months from the filing date of the international application.

The time limit for other post-Soviet countries are as follows:

Country

Time limit in months

As designated office

As elected office

Armenia,

31

31

Azerbaijan

30

31

Belarus

31

31

Estonia

31

31

Georgia

31

31

Kazakhstan

31

31

Kyrgyzstan

31

31

Latvia

There is no national phase, the application should enter the regional phase before EPO

Lithuania

There is no national phase, the application should enter the regional phase before EPO

Moldova

31

31

Tajikistan

30

31

Turkmenistan

30

31

Ukraine

31

31

Uzbekistan

31

31


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