How to protect the right to a patent

How to protect the right to a patent

The legislation provides for a number of requirements, and industrial designs, utility models and inventions are patented in accordance with those demands. However, even in case of compliance with/meeting these requirements, there is a possibility of refusal to issue patent by the experts of Rospatent. If you have been refused in regards to patentable application, the foregoing decision of the office may be challenged in the Chamber for Patent Disputes of Rospatent, and it is also possible there to call in question the patent that has been already issued.

Information concerning the Chamber for Patent Disputes of Rospatent

Objections submitted to the Patent Office under administrative procedure (this order is mandatory) are considered there. At the same time, protection and contestation of the patent take place exclusively with the help of the Chamber for Patent Disputes of Rospatent, and the legislation does not prescribe for any similar organizations.

The Civil Code of the Russian Federation stipulates the terms, the conditions for filing and the procedure for considering objections, the full list of which, in turn, is regulated in terms of legislation.

Information regarding the types of objections and corresponding current reasons for challenging

The following types of objections can be considered:

• Against issue of the patent.
• Decisions to recognize the application for invention, utility model and industrial design as withdrawn.
• Decisions on refusal to issue patent or on granting patent.

Patent for utility model, industrial design or invention can be challenged throughout its operation with subsequent recognition of full or partial invalidity of such patent (in accordance with the provisions of the Civil Code of the Russian Federation). Any person can file objection to the Chamber for Patent Disputes.

Violations that could lead to the cancellation and challenge of the patent are indicated below:

• If industrial design, utility model or invention does not meet the conditions of patentability.
• If industrial designs or utility models have the same priority date, and if grant of the patent is related to the existence of several applications for similar inventions.
• If the formula of utility model or invention, or the list of essential features of industrial design have features that were not previously available at the time of filing the application in the description and the formula of the invention, the images of the article of manufacture or the utility model.

Inconsistency with the criteria of novelty (if there was another media known before the date of submitting patent application) is one of the most frequent reasons for challenging patented industrial designs, utility models or inventions.

Law&Trust International renders services related to preparation and submission of claims to the Chamber for Patent Disputes of Rospatent. Our lawyers will be able to protect your interests and provide full assistance in a situation when you want to protect your patent or are convinced that third parties violated your rights.

Defending your interests in court

There are a lot of examples known in our practice, when the assertion of own legal rights in the Chamber for Patent Disputes of Rospatent does not succeed out and ends up with failure. In the foregoing case, the applicant is entitled to obtain justice through the court, and our lawyers are also ready to represent your interests in court.

You can specify more details about protection of patent rights by phone, in chat or during personal conversation with the expert in the offices of our company.