Consequences of failure to work a patent in Russia

What are the consequences of failure to work a patent in Russia?

In Russia, no requirement is set for obligatory use of a granted patent; therefore, non-use of a patent does not endanger the patent holder’s exclusive right.

However, there is a provision in the Civil Code aimed at preventing a situation when failure to use a patent entails a shortage of some important products on the market.

In case an invention is not worked during four years after the grant, and if this affects the supply of a product or service, a court can obligate the patent owner to issue a compulsory license to the plaintiff. The price for the compulsory license is to be set in accordance with market conditions.

Any person is entitled to file a lawsuit requesting a compulsory license in case they have approached the patent holder and have been refused a license.


  1. The information provided on this site, to the best of our knowledge, is correct as of the date of publication. Sojuzpatent periodically changes and updates it. However, this information is general in nature and may not be applicable to specific circumstances. Furthermore, future changes to legislation and interpretations may affect this information.
  2. Nothing on this website constitutes legal or other professional advice. We shall not be liable for any damage arising from the use of this site or any material contained in it.
  3. Please note that you must obtain Sojuzpatent’s approval before uploading on the website or sending by email any information that you deem confidential. Receipt of unsolicited confidential information shall not disqualify Sojuzpatent from representing any other party in any matter.