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 process for validating a Eurasian patent in the respective countries?

What is the process for validating a Eurasian patent in the respective countries?


One of the convenient features of the Eurasian patent system is the absence of a separate validation procedure. The patent holder chooses the countries in which the patent should be valid simply by paying the requisite annuities. The annuities are paid to the Eurasian Patent Office, and the patent is automatically valid in all the countries for which the payments have been effected.

And even if a patent is declared invalid in some countries due to non-payment of the annuities, it can be reinstated in any of the countries within three years.


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I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?

I own a valid Russian patent. What happens if it turns out that somebody has used my invention before my filing the application?


According to Article 1361 of the Russian Civil Code, the person who has in good faith used a solution identical to the patented invention before its priority date, retains the right to use the same solution without increasing the scope of its use (the right of prior use). Therefore, the patent holder is entitled to request from the said person that the volume of use not be increased.

It is important to note that if the other party is able to prove that prior use de facto represented public prior use/open use (which means, in general terms, that the solution has been disclosed to the public in sufficient details), there is a threat of the patent’s invalidation on the grounds of lack of novelty.


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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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Do Russian and Eurasian patent offices require annual payments for keeping patent applications in force?

Do Russian and Eurasian patent offices require annual payments for keeping patent applications in force?


No annuities are due either in the Russian Patent and Trademark Office or in the Eurasian Patent Office while the patent application is pending.

According to Russian IP law, the first accumulative annuities should be paid together with the grant and registration fee, starting from the 3rd year for Russian invention patents and from the 1st year for Russian utility model patents. The due date is counted from the date of filing the application (international filing date for PCT national phase applications).

The year from which the annuities for a Eurasian patent should be calculated depends on the national rules of each respective country and varies for different countries (1st, 2nd, or 3rd year).


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What happens if the applicant does not meet the time limit for entering the national phase in Russia?

What happens if the applicant does not meet the time limit for entering the national phase in Russia?

The rights of the applicant with respect to an international application in Russia can be reinstated within 12 months upon the applicant’s request. The request should state the reasons for not meeting the time limit. The official fee charged for reinstatement amounts to 5,000 RUB.

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