According to Russian law, the grounds for invalidating an invention (utility model) patent in Russia include the following:
An invalidation action can be brought during the term of the patent’s validity by any person who has become aware of the above patent law violations.
Moreover, a cancellation action can also be filed after the expiration of the term of the patent by any person having legal interest in invalidating the patent.
A legal action according to item 5 above should be brought to court; in all other cases, an opposition against the patent grant is filed with the Russian PTO’s Chamber for Patent Disputes.
The Rospatent decision is appealable to the Intellectual Property Court and, further on, to the Presidium of the same Court as a cassation instance.
A Eurasian patent can be challenged in any member state in accordance with this state’s national procedure after the expiration of the 6-month period provided for filing a notice of opposition with the Eurasian Patent Office (administrative revocation of the Eurasian patent).
Sojuzpatent’s patent attorneys and litigation lawyers represent the client’s interests before the Chamber for Patent Disputes, the Eurasian Patent Office, and Russian courts, including the Intellectual Property Court and the Supreme Court of the Russian Federation.
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.
Can inequitable conduct be a valid defense argument in a patent infringement case in Russia?
Patent infringement litigation and invalidation proceedings in Russia are totally bifurcated and therefore, if an infringement action is initiated, invalidity arguments are not considered in the proceedings and cannot be asserted as a defense in patent infringement cases.
Moreover, currently the courts do not normally suspend infringement litigation if an invalidation action is filed with the RUPTO after the infringement suit has been brought.
As to invalidation proceedings, there is no such grounds for invalidity as inequitable conduct. The applicant does not face any repercussions in terms of patent validity for not disclosing any information known to them that would contradict patentability of the invention.
What are possible ways of accelerating prosecution of patent applications in the Eurasian Patent Office?
There are three different ways of accelerating prosecution of patent applications in Eurasian Patent Office:
What is the deadline for filing a divisional application in the Russian and Eurasian Patent Offices?
A divisional application can be filed with the Russian PTO:
A divisional application can be filed with the EAPO:
Can one and the same person hold Russian and Eurasian patents based on the same priority application?
Yes, Russian and Eurasian patents based on the same priority application may coexist with slightly different or even identical sets of claims. However, it is important to note that a Eurasian patent covers eight countries, including the Russian Federation (in case of timely payment of patent annuities in the relevant countries). That is why obtaining both Russian and Eurasian patents based on the same priority application is usually redundant and it entails additional rightholder expenses connected with filing, prosecution and then maintaining the patent in force. However, this may prove practical for specifically important inventions in respect of which the risk of opposition is very high.
We have nearly a century’s experience,
guaranteeing you the highest quality service.
We have ample specialists in all areas of science and technology,
allowing us to resolve even your most complex challenges.
Our patent attorneys and litigation lawyers work in tandem
to provide you with the best-quality patents and to represent you successfully both in legal and in administrative disputes.
We provide an electronic interface to the patent offices
with fully automated workflow to eliminate multiple data entry and avoid errors.
Proximity to the customer, both geographic and electronic.
We have offices in the center of Moscow and in other major Russian cities. You can also access us remotely from anyplace in the world.
International IP publications rate us among the most prestigious world leaders
in the area of Intellectual Property.
Transparent reporting and detailed invoicing
provide you with complete information on our services.
Our professional liability is insured
by one of the world’s leading insurance companies.