Compulsory License in Russia

In which cases can a compulsory license be requested for a Russian patent?

Russian legislation provides for the following situations when a compulsory license can be requested by a third party.

  1. Pursuant to article 1362 of the Russian Civil Code, if a patented invention/design has not been used for four years starting from the patent registration (three years for a utility model) and this has resulted in the shortage of goods or services on the national market, any person can request a compulsory license. The relevant lawsuit can be filed with a court after the applicant has approached the patent holder with a request for a normal license and received a refusal.
  2. The same article allows the holder of a patent for a dependent invention to request a compulsory license for the use of the invention on which their invention depends (the same approach applies to utility models and industrial designs). A patented invention is considered dependent on another patented invention with an earlier priority if it cannot be used without using the earlier invention. An important condition for requesting the compulsory license is that the dependent invention should demonstrate an important technical and economical advance over the one with the earlier priority.


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