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.
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