A patent for an invention, a utility model, or an industrial design in Russia may be invalidated if it does not comply with applicable law
Grounds for invalidating a patent in Russia
1. The most typical ground for patent invalidation in Russia is noncompliance with the patentability criteria, which include the following:
2. Another ground for a nullity action against an invention or a utility model patent is an insufficiency of disclosure, which means that the technical solution is not disclosed in the claims and description in a sufficient manner for a person skilled in the art to implement the solution.
3. An important reason for invalidating a patent is new matter in the claims of an invention or a utility model patent or in the images in a design patent (in relation to the filing date).
4. A patent can be invalidated in case two identical patents having the same priority date have been issued (to the same or different patentees).
5. Wrong designation of the patentees or inventors is another legal ground for invalidating a Russian patent.
Where to file a nullity action
For clauses 1 to 4 above, a patent for an invention, a utility model, or an industrial design is to be challenged by filing an opposition against the patent grant with the Russian PTO’s Chamber for Patent Disputes. A decision of the Chamber for Patent Disputes can be appealed to the Intellectual Property Court and further to the Presidium of the same court.
In case of the wrong designation of patent holders or inventors (clause 5 above), the respective lawsuit is to be filed with a court.
Challenging a Eurasian patent
An opposition regarding a Eurasian patent is to be filed with the Eurasian Patent Office (EAPO) within six months from the date of publication of information on its grant. Upon the expiration of this period, the Eurasian patent may be invalidated in each of the EAPO contracting states (where the patent is valid) in accordance with the national procedure.
Patents for plant varieties or animal breeds can be challenged if they do not comply with the current legislation during the whole period of their validity by any person who becomes aware of a violation of the law. An opposition against a plant variety or animal breed patent grant is to be filed in accordance with the established procedure with the federal agency for selection achievements: the Federal State Budgetary Institution or the “Gossortcommissiya.”
Sojuzpatent’s patent attorneys and lawyers have extensive experience in dealing with patent invalidation and are ready to represent the interests of both patentees and their opponents before the courts, the RUPTO, and the “Gossortcommissiya.”
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