Objection to a Rospatent Decision

Received a decision refusing the grant of a patent for an invention or a utility model in Russia? Not a problem. For inventions and utility models, the law provides an effective pre-trial appeal mechanism through the Chamber for Patent Disputes of Rospatent.

Who can file an objection and when?

 An applicant whose application for an invention or utility model has been rejected has the right to appeal the Rospatent decision within 7 months from the date of receipt of the refusal decision or from the date copies of the cited prior art materials are sent (if the applicant requested these copies within 3 months from the date the decision was sent).

If the seven-month period is missed for valid reasons, it may be reinstated. A petition for reinstatement must be filed within 12 months after its expiration.

Grounds for appeal

 Most refusals are related to non-compliance with patentability criteria:

• for an invention: novelty, inventive step, industrial applicability;
• for a utility model: novelty and industrial applicability (the “inventive step” requirement does not apply).

The examination may incorrectly assess prior art, overlook important claim features, or misapply legal provisions. The purpose of the objection is to prove otherwise.

The document must be submitted to Rospatent in writing and should include:

1. A reasoned rebuttal of each argument made by the examiner.
2. A comparative analysis with cited sources disclosing prior art/closest prototypes of the claimed technical solution.
3. If necessary, an amended set of claims (narrowing or clarifying features).
4. Supporting evidence: results of additional patent searches, expert opinions, publications confirming the technical effect.

The applicant may also challenge a positive decision to grant a patent if they disagree with its content (for example, with the claim wording proposed by Rospatent). If you are not the applicant but wish to prevent the grant of a patent before registration, any person may submit observations and documents (e.g., evidence of earlier developments) to Rospatent demonstrating that the invention does not meet patentability requirements. Rospatent must take this information into account and reconsider its decision.

Fees and procedure

The official fee for filing an objection against a decision to grant or refuse a patent for an invention or utility model is 3,000 rubles per independent claim (as of 2026). Documents may be submitted by mail, via the Rospatent online service, or through the Gosuslugi portal. The Chamber for Patent Disputes typically considers objections within 4–6 months (the period may be extended if additional materials are submitted during the proceedings). The applicant may participate in the hearing in person or through a representative.

The role of a patent attorney

 Preparing an objection independently is risky. Errors in argumentation or omission of a distinguishing feature in the claims may lead to another refusal. A patent attorney will:

• analyze the examination decision for procedural and substantive violations;
• identify patentable features overlooked by the examiner;
• properly amend the claims without going beyond the original disclosure;
• prepare the objection in line with current practice of the Chamber for Patent Disputes and professionally represent your interests at the hearing.

A refusal by Rospatent on an invention or utility model application can—and should—be challenged. Success depends on the quality of legal argumentation and compliance with deadlines. By entrusting the preparation of the objection to a qualified patent attorney, you increase your chances of obtaining a patent without losing time and exclusive rights.

If the decision of the Chamber for Patent Disputes is unsatisfactory, it may be appealed to the Intellectual Property Court within 3 months.

Need advice on your specific situation? Specialists of Zuykov and partners will help prepare a well-reasoned objection to a Rospatent decision and professionally represent the client’s position during proceedings before the Chamber for Patent Disputes.