Patent Cancellation Search

Patent cancellation is a complex but sometimes necessary process to protect legitimate interests. The main reason a patent may be invalidated is its failure to meet patentability requirements. High-quality patent searches play a key role in this process.

To challenge a Russian patent for an invention or utility model, the Chamber for Patent Disputes at Rospatent relies on Article 1398 of the Civil Code of the Russian Federation. A patent can be fully or partially invalidated if:

• it does not meet the conditions of patentability;
• the application documents do not disclose the essence of the invention fully enough for a specialist in the field;
• the patent claims include features not disclosed in the application documents at the filing date.

Patentability requirements are defined in Article 1350 of the Civil Code. Any information that became publicly available before the priority date of the patent can be used to prove lack of novelty or inventive step.

Specifics of Challenging a Eurasian Patent

A Eurasian patent is valid in all member states of the Eurasian Patent Convention. Since 2017, insufficient disclosure of the invention has been recognized as an independent ground for cancellation.

Within 9 months after the patent publication, anyone can file an objection with the Eurasian Patent Office. After this period, the patent can be challenged separately in each member country according to national procedures. In Russia, this process goes through Rospatent and, if necessary, the Intellectual Property Court.

The Role of International Patent Information Searches

To successfully cancel a patent, it is important to check not only Russian databases but also international sources: USPTO, EPO, JPO, PCT, EAPO, scientific publications, technical journals, conference materials, and open patent databases.

A professional search helps identify documents that can serve as evidence of the patent’s non-compliance with patentability requirements, such as earlier patents, publications, and application descriptions that became publicly available before the priority date.

Why Challenge Patents

1. Market access — cancelling a competitor’s patent removes barriers for launching your own product.
2. Reduce licensing costs — if a patent was granted unlawfully, challenging it can eliminate royalty payments.
3. Protection against patent trolls — prevents lawsuits over obvious solutions.
4. Freedom to operate — ensures the ability to use technologies without infringing patents.
5. Preparation for transactions — clears the patent portfolio before mergers, acquisitions, or investments.
6. Defense against lawsuits — a counter-objection can pause proceedings and reduce risks.

It is important to remember: filing an objection is a legal way to restore fair competition, not “negative PR.”

Advantages of Working with Professionals

International patent information searches are a strategic step before filing an objection. They help gather evidence, assess the chances of success, and minimize risks.

If you want to cancel a Russian or Eurasian patent, do not rely on superficial analysis. Entrust the international patent search to the professionals at Zuykov and partners — it is the foundation for a successful outcome.