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 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.
Can the invention’s right of authorship be transferred?
The inventor holds the invention right of authorship, i.e. the right to be legally recognized as the person who made the invention by his or her own creative work. Right of authorship cannot be alienated or transferred. Waiver of author's rights is void. Right of authorship is protected indefinitely.
For most disputes related to patent invalidation/trademark cancellation, the venue is determined directly by Russian law. It is either the Federal executive authority in the sphere of intellectual property (Rospatent, the Chamber for Patent Disputes) or the Court for Intellectual Property Rights. For the remaining invalidation/cancellation actions (a few rare types of cases) the venue is defined according to general rules depending on the defendant's address.
At the same time, in infringement lawsuits, forum shopping is possible when the claimant can name multiple persons as co-defendants (e.g. manufacturer/importer, wholesalers, and retailers). In such cases, the claimant has the option to choose with which territorial court to file their action.
Which countries are covered by a Eurasian patent?
Currently: Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Russia, Tajikistan, and Turkmenistan are members of the Eurasian Patent Convention. Moldova left the Convention on February 27, 2012, but the patents registered on the basis of applications filed before that date, are valid.
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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