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.
Can the PCT national stage start before the expiration of the time limit?
In both Russian and Eurasian Patent Offices, the processing of a PCT national (regional) stage application may start before the expiration of the 31-month time limit in case the applicant makes an express request to the Patent Office.
Can I get a patent term extension in Russia?
In case more than five years have lapsed between the filing date of an application for an invention related to a medication, pesticide or agrochemical product (if its use requires authorization) and the date of the first marketing authorisation, the term of the patent shall be extended upon request of the patent owner by the Russian Patent and Trademark office. The term shall be extended for the period computed from the filing date of the patent to the date of the first authorisation minus five years, with the proviso that the term of the patent may not be extended for a period exceeding five years.
The request for extension of the term should be submitted by the patent owner during the term of the patent’s validity within six months after obtaining the first authorisation or of the patent grant, whichever comes last.
How can I invalidate a Eurasian patent?
Within 6 months of the publication of the mention of the grant of a Eurasian patent, any person (non-residents of any contracting state – through a registered Eurasian patent attorney) can file an opposition against the grant of the Eurasian patent to the Eurasian Patent Office. After the 6-month period has expired, the Eurasian patent can be invalidated separately in each of the contracting states according to the national procedures. In Russia, for example, the nullity action, in most cases, should be filed with the Russian PTO, the decision of which is appealable to the Court for Intellectual Property Rights.
Does the Russian patent office require metric units in patent applications?
Although in the RUPTO regulation there is a mention that preferably metric units should be used in Russian invention patent applications, there is no prohibition to use imperial or US customary units.
Are software methods patentable in Russia?
Computer programs (software) are not considered inventions per se, but a software algorithm may under certain conditions be patented in the form of a method (method of processing, transmitting, converting data, etc.). Under Russian legislation, a patentable method consists in carrying out actions over material objects with the help of material means. An application for the grant of an invention patent may relate to an algorithm of a computer program described in the form of a sequence of actions on signals (material objects) providing a technical result achieved by means of a computer device (material means). In such cases, there are grounds for recognizing the claimed object as a technical solution having a technical result.
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