Patent Dispute and Termination
In accordance with the legislation of the Russian Federation within the validity period a patent for invention, utility model or industrial design can be cancelled entirely or partially.
Filing an intervention to the Federal Service for intellectual property (Rospatent)
The grant of a patent can be disputed by filing an intervention to the Chamber for Patent Disputes in Rospatent.
Intervention can be submitted by any person who knows about the infringements envisaged by the Civil code of the Russian Federation namely:
- Inconsistency with the terms of patentability.
- Existence in patent formula or in the list of essential characteristics of such characteristics that have not been mentioned in the formula, in the list of characteristics or in the image at the time when the application was filed.
- Grant of patent if there are several applications for identical inventions, utility models or industrial design that have one and the same priority date.
In case if Rospatent’s decision does not suit the applicant for a patent or patent-holder then such decision can be appealed to a court.
Grant of patent can be immediately contested judicially on the grounds defined by the legislation of the Russian Federation. For example: in case when patent is granted and the person who is not the author or patent-holder is mentioned in patent as the author or patent-holder; in case when the author or patent –holder is not mentioned in the patent.
If patent is cancelled it means that Rospatent’s decision is cancelled and State registration entry is annulled.
Patent is cancelled from the date of filing of patent application. In case when patent is cancelled a new patent can be partially granted.
License agreements signed on the basis of a patent which is cancelled later, will be valid to the extent they are fulfilled up to the date when court decision on patent cancellation is made.
Patent can be terminated early.
You will receive Rospatent decision.
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During the entire term of protection, the patent may be terminated or disputed. The person, in whose opinion Rospatent unlawfully provided the protection and registered the technical solution, files an objection for this. In the application, the person lists the circumstances confirming the position and attaches evidence, if any. Based on the results of the proceedings, the patent either remains valid and the registration of the technical solution is valid further, or the patent document is canceled and the registration is considered invalid. It is allowed to appeal any of these decisions of Rospatent in court. The initiator is the patent owner or an interested person.