Does prior possession right exist in Russia?
Does prior possession right exist in Russia? Is the material realization or implementation required? Is intellectual possession sufficient?
There is no such notice as "prior possession" in Russian law, only "prior use". This right allows exploiting the invention despite the existence of a third-party patent in case the same technical solution has been used (or preparations have been made to use it) on the Russian territory before the priority date of the patent.
The use of the invention after the patent is issued is allowed within the limits of the use (preparation to use) before the priority date. This right belongs to the entity that has been using the technical solution or preparing to use it (and, accordingly, can prove it).
Therefore, the “intellectual possession” concept is not applicable.
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