Sergey Zuykov

Managing Partner / Patent Attorney of the Russian Federation / Eurasian Patent Attorney

05 October 2020

“Zuykov and Partners” defended the creator's interests in the Intellectual Property Court and achieved changes in the information in the patent

In May 2018, a specialist in industrial design Knyazev K. A. began to create a design of housing for a video module. In September of the same year, the development was completed, as evidenced by drawings and other documents that clarify and describe the result of intellectual activity.

Further, in October 2018, Knyazev K. A. and “Es El Development” company entered into an employment contract, according to which the first one was hired as an engineer. In January 2019, the employee was transferred to the position of project manager and he implemented the design he created in production.

Then, in March 2019, representatives of the company filed with Rospatent an application for a patent for an industrial design “Housing for a video module”. The specialists of the Patent Office examined the received application and on September 24, 2019 made a decision to register the industrial design.

In the patent, Knyazev K. A. was indicated as the author, and “Es El Development” was listed as the patent holder. However, Knyazev K. A., who created the industrial design, did not grant the company the right to obtain a patent. In addition, the company mistakenly believed that the right to obtain the controversial patent belongs to it, because the creation of the industrial design, in its opinion, occurred during the term of the work contract.

Considering that his rights were violated, Knyazev K. A. turned to “Zuykov and Partners” for help. After analyzing the situation, the company's lawyers suggested that the author go to court with a statement of claim declaring a patent for an industrial design invalid in terms of indicating the patent holder. The defendant in the case was “Es El Development”, which at the time of the consideration of the case in court changed its name to “Videosoft”.

The Intellectual Property Court considered the dispute, decided to satisfy the plaintiff's claims in full and to recognize the industrial design patent “Housing for a video module” partially invalid, and also obliged Rospatent to issue a new patent and indicate Knyazev K. A. as the patent holder.

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